Posted on 02/01/2006 1:03:01 AM PST by Former Military Chick
RAIFORD, FL (AP) -- The Supreme Court on Tuesday blocked the execution of a man who drowned a woman in her bathtub a decade ago, granting a stay to a Florida death row inmate for the second time in a week.
The court, acting without its newest member, ordered Florida to stop the evening execution of Arthur Rutherford, who claims that the state's lethal injection procedure is cruel and unusual punishment.
The court's action came just as Florida was preparing to execute Rutherford and only a few hours after justices gathered privately for the swearing in of new Justice Samuel Alito. Alito did not consider Rutherford's case.
Florida inmate Clarence Hill won a Supreme Court stay last week, after he had already been strapped to the gurney. Justices said they would use Hill's case to clarify how inmates may bring last-minute challenges to the way they will be put to death. Arguments are expected this spring.
The intervention in Rutherford's case was not a surprise because he also brought a late challenge to lethal injection.
An appeals court said he could not pursue the claim.
The stay Tuesday will remain in place until justices deal with the issues raised by Hill and Rutherford.
Rutherford, 56, was convicted of robbing and killing Stella Salamon, a 63-year-old widow originally from Australia, in 1985 at her Milton, Fla., home, where the handyman had installed some sliding glass doors.
The woman was severely beaten and drowned or asphyxiated. Her body was found in a bathtub. Four witnesses testified that Rutherford either told them that he was planning to kill her or admitted it afterward.
Rutherford Timeline:
•Aug. 22, 1985: Body of 63-year-old Stella Salamon found submerged in bathtub in Milton home. She had a broken arm, bruises on her face and arms and severe head wounds. Medical examiner said she died from drowning or asphyxiation.
•Aug. 23, 1985: Arthur Rutherford arrested after getting assistance from friend to cash as $2,000 check on Salamon's account. Rutherford had done some carpentry work for Salamon. His finger and palm prints were found in bathroom where Salamon was killed.
•Sept. 11, 1985: Rutherford indicted on charges of first-degree murder and robbery with a firearm.
•Jan. 31, 1986: Rutherford found guilty of all charges.
•Feb. 1, 1986: Jury recommends death sentence by an 8 to 4 majority.
•April 2, 1986: Judge grants mistrial due to discovery violations by the state.
•Oct. 2, 1986: On retrial, Rutherford was found guilty on all charges. The jury, on a 7 to 5 vote, recommends death penalty.
•Dec. 9, 1986: Rutherford sentenced to death for murder count and 30 years on armed robbery.
•June 16, 1989: Florida Supreme Court affirms conviction and sentence.
•Oct. 30, 1989: U.S. Supreme Court denies appeal.
•Dec. 17, 1998: Florida Supreme Court denies appeal.
•Sept. 1, 2000: U.S. District Court dismissed petition for writ of habeas corpus.
•Oct. 12, 2000: Florida Supreme Court denied petition for writ of habeas corpus.
•Aug. 29, 2002: U.S. District Court again denies appeal.
•Nov. 29, 2005: Governor Jeb Bush signs death warrant.
•Dec. 20, 2002: Motion for rehearing denied for Santa Rosa Circuit Court.
•May 25, 2004: Florida Supreme Court turns down appeal.
•Sept. 27, 2004: U.S. 11th Circuit Court of Appeals affirms denial of Rutherford's petition for habeas corpus.
•Feb. 22, 2005: U.S. Supreme Court denies appeal.
•April 18, 2005: U.S. Supreme Court denies another appeal.
•July 18, 2005: Florida Supreme Court denies appeal.
•Jan. 5, 2006: Florida Supreme Court denies petition for writ of habeas corpus.
•Jan. 5, 2006: State Supreme Court denies appeal.
•Jan. 27, 2006: Florida Supreme Court denies appeal.
•Jan. 30, 2006: U.S. 11th Circuit Court of Appeals turns down Rutherford's appeal in 2-1 vote.
PING
Fine, just drown the bastard.
If the guy's last name was Kennedy, he'd be a free man...
Excellent comment, thank you friend.
Your point was well stated thank you. I am equally shocked over all of this. After posting a few more articles about execution's being halted I have a feeling that is exactly what is going to happen, that until one is heard the rest must be stayed.
Which obviously makes me wonder, doesn't the state have any rights here, if they have an response that is sufficient that the case in FL should not affect the case in MO.
The other thing, I have to wonder this is the first time, that this method of execution has been brought before the Supreme's I find that really odd.
Again thanks for the comment.
Stella Salamon was unavailable for comment.
I found it odd that the USSC has already denied his appeal several times, yet NOW blocks the execution? Got to be something more going on here. I hope you are right.
I've got an idea. Let's just put a freakin' cannon to their heads. No pain (at least not for more than a milisecond). Also none of the nasty "he's brain dead but he's still got a pulse" crap. If there's no brain (or head) left, there's no pulse. Cheaper than the electric bill. Not as complicated as the 3-drug method. Not as inhumane as hanging. More certain than any of the above. Perpetrator's witnesses might be a little upset, but nobody's forcing them to be there...
Hmmm Looks like there's another 'High Court' that could use some work. :p
I have worked on the ambulance in some of the worst places in Washington DC and seen many overdoses by heroin addicts.
They take this poison themselves and actually are upset that their high has been destroyed when we inject Narcan into them to save their lives.
Use pure heroin to execute them. It works well and they enjoy it on the way out.
It's Florida - you'd think they'd just starve and dehydrate them to death. Oops, I forgot, they only do that to innocents.
Hasn't this issue already been addressed by the courts?
Nah..old sparky need a new friend.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.