« Washington Supreme Court strikes down state's death penalty based on its arbitrary administration | Main | "Trump Is Mulling Candidates Who Could Replace Jeff Sessions" »

October 11, 2018

Tennessee Gov grants last-minute reprieve so state can fulfill condemned's request to be executed by electric chair

As reported in this Tennessean article, "three hours before Edmund Zagorski was scheduled to die, Gov. Bill Haslam delayed the inmate's execution so the state could prepare to use the electric chair to kill him."  Here is more:

Haslam said a short delay would give the state time to accommodate Zagorski's preference for the electric chair over a controversial lethal injection cocktail.  Late Thursday night, the U.S. Supreme Court eliminated two other legal hurdles that might have derailed the execution, making it more likely to move forward soon.

Haslam's temporary reprieve and the high court's decisions came after several days of rapid-fire developments put the state on the defensive and put the timing of Zagorski's execution in question. Haslam's reprieve was for 10 days, but it could take longer for a new execution date to be set by the Tennessee Supreme Court.

The U.S. Supreme Court struck down two stays Thursday night, essentially ending his remaining legal options to avoid execution:

The high court vacated a stay from the 6th Circuit Court of Appeals. The appeals court had planned to weigh whether Zagorski may pursue claims his trial attorneys made errors in representing him.

A majority of justices rejected a request from Zagorski’s attorneys for another stay so the high court could review a constitutional challenge to Tennessee’s lethal injection protocol.

Justices Sonia Sotomayor and Stephen Breyer dissented, saying they would have reviewed the lethal injection protocol. In her dissent, Sotomayor said Tennessee's lethal injection method, which experts say leads to torture, should be scrutinized....

Zagorski sued this week to force the state to use the electric chair for his execution, saying the pain of electrocution would be preferable to the controversial lethal injection. A federal judge issued an order temporarily barring the state from executing him by lethal injection while that suit is pending. The suit could be moot if the state agrees to move forward with the electric chair.

Haslam specifically cited the electric chair suit in his reprieve, suggesting that a delay would give the state time to prepare to execute Zagorski using the electric chair. “I take seriously the responsibility imposed upon the Tennessee Department of Correction and me by law, and given the federal court’s decision to honor Zagorski’s last-minute decision to choose electrocution as the method of execution, this brief reprieve will give all involved the time necessary to carry out the sentence in an orderly and careful manner,” Haslam said in a statement....

The state initially refused Zagorski's request to be executed by the electric chair, saying he was too late and hadn't given two weeks' notice. But District Judge Aleta Trauger at noon Thursday said the state could not use lethal injection until she had considered Zagorski's claim.

Zagorski, 63, faces death for the April 1983 murders of John Dale Dotson and Jimmy Porter. He shot them, slit their throats and stole their money and a truck, prosecutors say. The two men had expected to buy 100 pounds of marijuana from Zagorski.

Verna Wyatt, an advocate with Tennessee Voices for Victims, has been in contact with Dotson’s family as the challenges and uncertainty piled up. “What this process does to the victims’ families is barbaric,” Wyatt said. “Thirty-four years, they don’t get justice and it’s an ongoing reliving of their grief and what happened to their loved one. If they won’t fix this system, it should be abolished. This is not justice on any level. It’s outrageous.”

Justice Sotomayor's dissent on the lethal injection claim is available at this link and it ends this way:

I accordingly would grant Zagorski’s request for a stay and grant certiorari to address what renders a method of execution “available” under Glossip. Capital prisoners are not entitled to pleasant deaths under the Eighth Amendment, but they are entitled to humane deaths. The longer we stand silent amid growing evidence of inhumanity in execution methods like Tennessee’s, the longer we extend our own complicity in state-sponsored brutality. I dissent.

October 11, 2018 at 09:37 PM | Permalink

Comments

This whole "inhumane death" business is just stupid. Pretty much everyone's death is going to be painful, unless they are killed by a something that is more or less instantaneous.

That said, I'd be perfectly happy to give the condemned a menu of ways to die, just to get rid of the whole issue. Say five different choices, including one that is more or less instantaneous (such as a big explosion, such that they don't have time to feel pain) and another that will leave them with a body that is more or less untouched, such as Nitrogen gas. If they refuse to pick, a default option applies.

Posted by: William Jockusch | Oct 11, 2018 11:34:59 PM

Stupid governor. Guy picks it at last minute, and the governor cheats families out of justice. Squishy Republican governors really suck,

Posted by: federalist | Oct 12, 2018 1:51:35 AM

Perhaps you could enjoy snuff films to get your fill of hands-free killing. I'm sure the menu would provide hours of solo-time entertainment for your viewing pleasure in any way you choose to enjoy it.

Posted by: Mark M. | Oct 15, 2018 2:45:06 AM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB