D.C. judge stays execution of man convicted of killing 10-year-old

UPI ^ | 08/27/2020 | By Danielle Haynes

[Red Badger]

Aug. 27 (UPI) -- A federal judge in Washington, D.C., on Thursday issued a stay of execution for a man who was set to die Friday for the murder of a 10-year-old girl in 1999.

District Judge Tanya Chutkan halted plans for the execution of Keith Dwayne Nelson, 45, saying the federal government must, by law, have a prescription for the drug it plans to use for the lethal injection.

The U.S. government uses a single drug for its lethal injections -- pentobarbital, a sedative. Chutkan said using the drug without a prescription is a violation of the Food, Drug and Cosmetic Act.

"The government got caught taking shortcuts and the district court ruled that they cannot make an end-run around the law," Nelson's attorney, Dale Baich, said. "Here, the government made a choice to use compounded drugs and in so doing was taking a risk that it would violate the FDCA."

The U.S. Department of Justice appealed Chutkan's ruling with the U.S. Circuit Court of Appeals for the District of Columbia.

Nelson pleaded guilty to the Oct. 12, 1999, kidnapping, rape and murder of a 10-year-old girl whom he abducted while she was rollerblading in front of her home.

His attorneys argue he was denied effective trial counsel and the jury sentenced him to death without hearing of mitigating circumstances, including his "severe organic brain damage," mental illness, and physical and sexual abuse as a child.

If he's executed Friday, Nelson will be the fifth person put to death by the U.S. government this year. Attorney General William Barr resumed federal executions last month after a 17-year hiatus.

The Bureau of Prisons has carried out the executions of Daniel Lewis Lee (July 14), Wesley Purkey (July 16), Dustin Honken (July 17) and Lezmond Mitchell (Wednesday).

[mastertex]

F*cking Black Obama judge would not say a word if the guy being executed was white......Some Judges need to impeached or worse yet....

[ought-six]

“230 Grain Lead Injection at the base of the skull. No prescription needed.”

Overkill, and too merciful. I say strap him to a chair and bring out the wood carving knives.

[lodi90]

I think she has stayed every recent federal execution or close to it. Hope she gets smacked down again by SCOTUS.

[weeder]

This Obama-appointed judge was also removed from the Fusion GPS case, for massive conflict of interest.

[Mr Ramsbotham]

According to this article from early today, the District Court threw out the ruling and the execution will proceed:

https://www.upi.com/Top_News/US/2020/08/28/Keith-Dwayne-Nelson-set-to-die-for-1999-rape-murder-of-Kansas-girl/5821598616208/

[antidemoncrat]

“District Judge Tanya Chutkan halted plans for the execution of Keith Dwayne Nelson, 45, saying the federal government must, by law, have a prescription for the drug it plans to use for the lethal injection”

Hey judge. Why don’t you volunteer to test those drugs to make sure thy won’t cause any discomfort to the perp when he is injected with them.

[LukeL]

Using her logic, no lethal injection could be carried out, because every sane person (you cannot execute an insane person) has the legal right to refuse any and all medications.

[Road Warrior ‘04]

...saying the federal government must, by law, have a prescription for the drug it plans to use for the lethal injection.

WTF?!!!!

Then, shoot him via firing squad!

[LSAggie]

I remember this case and, in checking, found the FR thread from 2002. Nelson sentenced to death for kidnapping, murdering KCK girl

Back then, the estimate was six years before his execution could take place, and here we are, 18 years later....

[rlmorel]

I think the guy is white. This is a organized Leftist effort against the death penalty, I think

[HANG THE EXPENSE]

how about using lead?

[MAGAthon]

Polly on NYT’s attack on QAnon. child trafficking/pedophelia. the Arizona stuff from around 29min+ is good:

Youtube: 49m25s: 28 Aug: Amazing Polly: Fact Check: TRUE! The Cabal is Panicking
The pedo Cover-Upperers in the Deep State Media have gone crazy. Legislators have gone crazy! Everyone in the child-trafficking business are in full blown panic over the fact that people on the left and right are coming together on common ground: we want an end to Human Trafficking and Child Exploitation. more...
https://www.youtube.com/watch?v=xfF3uCcrbO8

[Little Ray]

This would not be an issue if we went back to hanging them.

[Little Ray]

You can bet that any doctor who writes such a prescription will see his career destroyed.

[depressed in 06]

230 Grain Lead

Didn't Stalin prove that a .22 short was sufficient.

[South Dakota]

Turn him into the general prison population

[GailA]

Formula is simple Anesthesia to put them to sleep, same 1 used for cataract removal, then a OD OF CALCIUM, which VETS put our beloved Fur Babies down with, cows, horses, Zoo Vets use same procedure on their sick animals. No pain.

Rope in public square is my preferred method.

[MarvinStinson]

Judge [?] Tanya S. Chutkan

Born in Kingston, Jamaica

Appointed by Barack Obama

On December 19, 2013, President Barack Obama nominated Chutkan to serve as a United States District Judge of the United States District Court for the District of Columbia.

The United States Senate voted in favor of final confirmation by a vote of 95–0.

In summer 2017 Chutkan presided over the Imran Awan and Hina Alvi fraud case.

In 2017, Chutkan ordered the Office of Refugee Resettlement to allow a girl in its care to have an abortion. In March 2018, Chutkan certified a class action and ordered the government to provide access to abortions to all girls in ORR's custody.

On March 7, 2019, Chutkan ruled that U.S. Secretary of Education Betsy DeVos illegally delayed the implementation of the "Equity in IDEA" regulations. These regulations updated how states calculate racial disparities in the identification of children as being eligible for special education, the placement of children in restrictive classroom settings, and the use exclusionary discipline. On November 20, 2019, Chutkan issued a preliminary injunction against the U.S. Department of Justice, finding that federal inmates sentenced to death were likely to succeed in arguing that the federal government's new lethal injection procedure--which uses a single drug, pentobarbital, rather than the three-drug combination previously in place--“exceeds statutory authority" under the Federal Death Penalty Act.

Chutkan's order was later reversed by a divided panel of the U.S. Court of Appeals for the D.C. Circuit, and the case is currently pending before the U.S. Supreme Court.

[Swordmaker]

Bring back the guillotine, no prescription necessary.

This Obama appointed judge would find that use of such a device would violate the Federal OSHA act in that the device did not have a safety device preventing the blade from striking the user in the neck.

Use a rope? It violates the Federal Product Safety regulations?

Electric Chair? Violation of the Federal Communications Act.

Firing Squad? Back to FDA for violation of hazardous chemicals (lead poisoning) and EPA (lead pollution of the atmosphere and ecology).

Drawing and quartering? Cruelty to animals (anyone who would do what he did to a ten-year old has to be an animal, right?). . .

Drowning? Violation of the American Navigable Waterways Act. . .

Stoning? Back to EPA (stones are part of the Environment, right?). . .

She’d find something. . .