DOJ appeals after court blocks child murderer execution scheduled for Monday
The Justice Department sought an appeal after a district court hit the pause button on the first federal executions in nearly two decades, including one against a convicted murderer that had been scheduled for Monday afternoon. U.S. District Court Judge Tanya Chutkan, an Obama appointee who has been on the bench since 2014, issued a 22-page opinion on Monday granting a preliminary injunction sought by lawyers representing Daniel Lewis Lee, Wesley Ira Purkey, Dustin Lee Honken, and Keith Dwayne Nelson — all convicted murderers whose executions had been slated for July and August. Lee’s execution date had been scheduled for 4 p.m. on Monday at the federal penitentiary in Terre Haute, Indiana, but he has won at least a temporary reprieve. Purkey’s execution had been scheduled for Wednesday, Honken’s execution had been scheduled for Friday, and the execution of Nelson was scheduled for late August.
Lee, 47, was a member of a white supremacist group who murdered a family of three, including an 8-year-old girl, according to the Justice Department. He robbed and shot the family, covered and sealed their heads with plastic bags, weighed them down with rocks, and threw them into a bayou. He was convicted by an Arkansas jury in 1999. “The scientific evidence before the court overwhelmingly indicates that the 2019 Protocol is very likely to cause Plaintiffs extreme pain and needless suffering during their executions… While it is difficult to weigh competing scientific evidence at this relatively early stage, the factual record indicates that Plaintiffs are likely to succeed on the merits of their claims that the 2019 Protocol poses a substantial risk of serious pain. They have thus met the first prong of their burden on their Eighth Amendment claims,” Chutkan ruled on Monday, adding, “Plaintiffs have identified two available and readily implementable alternative methods of execution that would significantly reduce the risk of serious pain: a pre-dose of opioid pain or anti-anxiety medication, or execution by firing squad. Thus, they have established a likelihood of success on the merits of their claims that the 2019 Protocol’s method of execution constitutes cruel and unusual punishment in violation of the Eighth Amendment.”
Attorney General William Barr directed the Bureau of Prisons in June to schedule the executions of four federal death row inmates convicted of murdering children. Barr announced new guidelines last summer for resuming capital punishment under federal law following a hiatus stemming back to 2003. “The American people, acting through Congress and Presidents of both political parties, have long instructed that defendants convicted of the most heinous crimes should be subject to a sentence of death,” Barr said. “The four murderers whose executions are scheduled today have received full and fair proceedings under our Constitution and laws. We owe it to the victims of these horrific crimes, and to the families left behind, to carry forward the sentence imposed by our justice system.” Barr announced nearly a year ago that the Federal Bureau of Prisons had adopted an addendum to federal protocol that cleared the way for the United States to resume capital punishment. “Congress has expressly authorized the death penalty through legislation adopted by the people’s representatives in both houses of Congress and signed by the President,” Barr said last summer. “The Justice Department upholds the rule of law.” As part of the DOJ addendum last year, Barr directed the federal government to change the cocktail of three drugs used for federal executions to just a single drug: phenobarbital, a barbiturate that in high doses causes respiratory arrest. The use of the drug was upheld by numerous courts, including the Supreme Court, as consistent with the Eighth Amendment, and it has been used in the executions of hundreds of inmates on the state level in over a dozen different states since 2010.
The families of Lee’s victims, Nancy Mueller and Sarah Powell, argued earlier this month that there was “no legitimate reason” for Lee's execution to continue as scheduled due to the coronavirus outbreaks in prisons. The family is seeking life in prison for Lee instead.
https://www.washingtonexaminer.com/news/doj-appeals-after-court-blocks-child-murderer-execution-scheduled-for-monday
DOJ Appeal here:
https://www.scribd.com/document/469002282/Execution-Injunction-and-DOJ-Appeal