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Richard Bernard Moore - South Carolina Death Row - Page 3
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Thread: Richard Bernard Moore - South Carolina Death Row

  1. #21
    Senior Member Frequent Poster NanduDas's Avatar
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    “ (A) A person convicted of a capital crime and having imposed upon him the sentence of death shall suffer the penalty by electrocution or, at the election of the person, lethal injection under the direction of the Director of the Department of Corrections. The election for death by electrocution or lethal injection must be made in writing fourteen days before the execution date or it is waived. If the person waives the right of election, then the penalty must be administered by lethal injection.
    "The pacifist is as surely a traitor to his country and to humanity as is the most brutal wrongdoer." -Theodore Roosevelt

  2. #22
    Senior Member CnCP Legend Mike's Avatar
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    Removed Dunham's usual garbage.

    SC death row inmate petition for stay of execution puts state law to test

    By Stephen Hobbs and Glenn Smith
    The Post and Courier

    A South Carolina inmate on death row is putting the state’s execution law to the test, just weeks before he is scheduled to die.

    Richard Moore this week asked the S.C. Supreme Court to halt his execution next month, saying he does not have enough information to choose how he prefers to die.

    Under South Carolina law, an inmate on death row must decide two weeks before an execution if he or she prefers death by electrocution or lethal injection. Moore, who is scheduled to die Dec. 4, has until Friday to make that choice. If he doesn’t choose, he must be killed by a lethal injection, according to state law.

    But South Carolina does not have the drugs available to kill Moore that way, and hasn’t since 2013, according to the state Department of Corrections.

    The unavailability of lethal injection drugs has become a problem for many states around the country. Pharmaceutical companies have withheld drugs that were being used in executions, due to public scrutiny, leaving states to try to find new sources and combinations to use.

    All efforts to restock South Carolina’s drugs have failed.

    Moore’s attorneys, in a statement and in documents filed with the state Supreme Court, argue that the Corrections Department is not being forthcoming with information about how it plans to move forward with a lethal injection. That leaves Moore without enough information to decide before the deadline. They are asking for a stay of execution, a move first reported by The State newspaper.

    “Never before has SCDC denied a condemned inmate and his counsel access to the execution protocols in advance of an imminent execution,” Moore’s attorneys wrote in a court filing. “Indeed, no other state in the country has executed someone under such an extreme veil of secrecy.”

    Chrysti Shain, a Corrections Department spokeswoman, said the agency is prepared to move forward with an execution by electrocution if Moore chooses that method. If he asks for a lethal injection, Shain said the agency’s current policy calls for using a three-drug combination of pentobarbital, pancuronium bromide and potassium chloride — a lethal cocktail it currently does not have.

    “We continue to pursue avenues to obtain the drugs necessary for execution by lethal injection,” she said.

    Gov. Henry McMaster and Corrections Department Director Bryan Stirling have asked state legislators for years to pass a shield law that would allow companies to sell the drugs to the state confidentially.

    But those efforts have not worked. Nor did a recent push to allow the Corrections Department to go forward with an execution by electrocution, if the lethal injection option is unavailable or held to be unconstitutional, no matter the method a person chooses. Legislation that would have allowed that change passed the Senate in 2019 but stalled on the House floor this year without a final vote.

    Robert Kittle, a spokesman for S.C. Attorney General Alan Wilson, said state prosecutors will oppose Moore’s motion for a stay. He declined to comment further on Moore’s efforts, citing pending litigation.

    Moore, 55, was sentenced to death in connection with the September 1999 fatal shooting of a night clerk at Nikki’s Speedy Mart in Spartanburg County during a gun battle in which they were both wounded.

    Prosecutors argued that Moore intended to rob the store to get money for crack cocaine, wrested a gun away from the clerk and then shot at a customer. The clerk was able to get a second gun and shoot Moore in the arm, but Moore returned fire, killing the clerk, prosecutors maintained.

    Moore admitted to grabbing a bag of money from the store before fleeing but insisted he shot the clerk, James Mahoney, in self-defense after the man pulled a gun on him during an argument and threatened him.

    “Our family has suffered for over 20 plus years and it is past time that the state carries out his sentence,” said Kathy Kelley, a younger sister of Mahoney.

    Moore has spent the past 19 years fighting his 2001 conviction, exhausting his federal appeals when the U.S. Supreme Court denied his petition for relief on Nov. 2.

    Wilson’s office then asked the state Supreme Court to set a date for Moore’s execution, which it did.

    Awaiting executions

    South Carolina currently has 37 people, including Moore, housed on death row and awaiting execution at Broad River Correctional Institution in Columbia.

    Shain, the Corrections Department spokeswoman, said the state’s other inmates on death row are waiting on pending appeals.

    At least one other inmate has ended up in this position before. In that case, a federal judge in November of 2017 granted a stay of execution less than a month before Bobby Wayne Stone was scheduled to die for the 1996 killing of a sheriff’s deputy in Sumter County. He remains on death row.

    South Carolina’s execution chamber at Broad River — a gurney, backed by a brick wall and flanked by curtains with a glass window separating it from witness seating — has sat unused for nearly a decade.

    Jeffrey Motts, the last person executed in South Carolina, died by lethal injection in May 2011. Motts was sentenced to death after he confessed to strangling his cellmate. He was already serving a life sentence for fatally shooting two elderly people in Spartanburg County in 1995 during a robbery.

    Forty-three state-ordered killings over the past four decades have earned South Carolina a ranking of ninth, tied with North Carolina, among the 36 states that used the death penalty in that time, Death Penalty Information Center records show.

    Punishment does not come swiftly. Lengthy judicial hearings in the appellate process can take years, sometimes decades, to navigate. And it is costly — an estimated average of $1.1 million more than pursuing life without parole.

    The state has executed 282 inmates since 1912. Only three of the 39 death-row inmates put to death in South Carolina have opted for electrocution since lethal injection was brought into practice in 1995, Corrections Department records show.

    https://www.postandcourier.com/news/...f69b3d56f.html
    Judicial Review isn't in the Constitution.

  3. #23
    Senior Member CnCP Addict Neil123's Avatar
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    Like I said this was just political posturing an administrative date. They knew they couldn’t get the law changed this year. This guy will pick lethal injection so he won’t have to get electrocuted. Even if he doesn’t and he doesn’t pick either of them then by default they’ll have to give him lethal injection.

    Bets on this actually going through? I’m going with zero. That’s a pathetic all talk no action death penalty state that doesn’t do much of anything. The Governor there is the only one that cares for the DP.

  4. #24
    Administrator Aaron's Avatar
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    Today was his last day to select a method; he refused to make a selection. This means injection is the default, and they don't have the drugs. No dice.
    Anchovies belong on pizza.

  5. #25
    Senior Member CnCP Legend Mike's Avatar
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    I'm not going to post the full article.

    SCDC says it can use one drug instead of three for execution of Spartanburg man

    By Chris Lavender
    The Herald-Journal

    A Spartanburg man is facing execution by lethal injection for killing a convenience store clerk in 1999.

    Richard Bernard Moore is scheduled to die at 6 p.m. on Dec. 4 at Broad River Correctional Institution in Columbia by the S.C. Department of Corrections.

    In a letter sent to Moore and his attorneys on Friday from SCDC's law firm, Smith Robinson, the protocols for Moore's execution were outlined.

    The letter stated the lethal injection process begins "with an injection of Pentobarbital followed at an appropriate time interval with Pavulon (Pancuronium Bromide) and then followed at an appropriate time interval by Potassium Chloride."

    However, the letter informed Moore's attorneys that it reserves the right to change the lethal injection protocol by using only one drug, Pentobarbital Sodium.

    Even if the state uses one drug instead of three drugs, SCDC will still have to obtain the Pentobarbital Sodium.

    "We will still have to get the drug, but we just wanted to let them know that we can reserve the right to go from using three drugs to one," said Chrysti Shain, spokeswoman for SCDC.

    It is unclear what impact switching from three drugs to one would have on the date of execution since SCDC doesn't have any of the drugs. SCDC hasn't been able to get the drugs for lethal injection since 2013. That's because companies won't sell drugs for executions to South Carolina until the state law is changed to shield their identities from anti-death penalty activists.

    https://www.goupstate.com/story/news...ir/6354666002/

    Why have a three drug combo then if you can just switch it to one?
    Judicial Review isn't in the Constitution.

  6. #26
    Senior Member CnCP Addict Neil123's Avatar
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    If South Carolina was really serious about this execution they wouldve asked Texas to borrow pentobarbital for their upcoming execution. Virginia did this back in 2015 when they executed Prieto.

    Then again, Virginia was always far more of a serious Death Penalty state before they got hijacked by left wing Democrats.

    Will they go to Texas like Virginia did in 2015 or are they just going to waist everyones time and stay the execution? Its not that difficult to obtain drugs. Georgia and Texas are available. Follow Virginias 2015 example South Carolina.

  7. #27
    Moderator Ryan's Avatar
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    Georgia and Texas are states that have available pentobarbital. That is the drugs meant to be used in its lethal injection protocol. The execution which is set for 6.00pm Friday, looks unlikely to be carried out.
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

  8. #28
    Senior Member CnCP Addict Neil123's Avatar
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    What I’m saying is Virginia had to borrow some from Texas in 2015. Why can’t South Carolina do so this year? Their protocol doesn’t seem different from each other. Texas is equal to South Carolina in terms of the one protocol drug.

  9. #29
    Senior Member CnCP Legend Mike's Avatar
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    They... won't... create... privacy.. laws. Nobody will sell them drugs.

    This execution is serious on paper at least but they haven't had the means for seven years and won't for the future because nobody cares enough to change the situation.
    Judicial Review isn't in the Constitution.

  10. #30
    Administrator Helen's Avatar
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    Someone please answer this question from SoonerSaint, it was posted on another thread.

    I am sure I am doing this wrong, but is there a reason Richard Bernard Moore isn't on the execution calendar on CNCP? He is scheduled for Friday, which is strange enough, and South Carolina doesn't appear to have the drugs either.
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    "Men have called me mad; but the question is not yet settled, whether madness is or is not the loftiest intelligence"
    - Edgar Allan Poe

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