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Thread: Daniel Lewis Lee - Federal Execution - July 14, 2020

  1. #41
    Senior Member Frequent Poster Ted's Avatar
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    January 31, 1973 it is then.
    Violence and death seem to be the only answers that some people understand.

  2. #42
    Senior Member CnCP Legend Neil's Avatar
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    So it appears the words of Richard Dieter held true. When I first posted on this site I said he told me the stays won’t be lifted in January. He said the appeal would take much longer. Now, when do you all think we could see the decision for the stays to be lifted? He did say once they are lifted a new date can be reset in 20 days.

  3. #43
    Administrator Moh's Avatar
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    On June 1, 2020, the United States Court of Appeals for the Eighth Circuit VACATED Lewis' stay of execution. The panel was made up of Judges Colloton (G.W. Bush), Kelly (Obama) and Erickson (Trump).

    https://ecf.ca8.uscourts.gov/opndir/20/06/193618P.pdf

  4. #44
    Moderator Bobsicles's Avatar
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    Fantastic news
    Thank you for the adventure - Axol

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  5. #45
    Administrator Moh's Avatar
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    Trump Federal Execution Revival Back at Supreme Court

    By Jordan S. Rubin
    bloomberglaw.com

    The U.S. Justice Department’s determination to resume federal executions after a decade-plus hiatus is back in Supreme Court justices’ hands, with the filing of a petition from death row prisoners challenging the way the government wants to execute them.

    Their appeal, filed on June 5, presents the latest test for the high court on the hot-button issue of capital punishment, a subject that’s split the court along ideological lines and sparked some of the most tense exchanges between justices in recent years.

    Attorney General William Barr announced last summer that the government would resume executions, but the petitioning prisoners are fighting that move in court, raising technical challenges.

    The case, which involves several prisoners that the government wants to execute—all of whom were convicted of murdering children—was before the justices in December on a preliminary matter. While the court sided with the prisoners then, Justices Samuel Alito, Neil Gorsuch, and Brett Kavanaugh made clear in a separate opinion that they thought DOJ had the better of the argument.

    Now with the issues more squarely presented to the high court, if those three justices still hold the same view, then the question could be how the rest of the court comes down on the sensitive subject.

    The petitioner-prisoners are challenging a 2-1 April ruling by the influential U.S. Court of Appeals for the District of Columbia Circuit.

    An internal split

    President Donald Trump’s two appointees, Neomi Rao and Gregory Katsas, diverged in their reasoning before arriving at the same conclusion: a trial judge shouldn’t have blocked the government from carrying out the executions. Bill Clinton-appointee David Tatel dissented.

    The high court may want to weigh in, regardless which side it favors, to clarify the issue one way or the other. Four justices are needed to grant review.

    The federal death penalty act says the U.S. marshal “shall supervise implementation of the sentence in the manner prescribed by the law of the State in which the sentence is imposed.” The government’s lethal injection protocol doesn’t duplicate the minutiae of every aspect of how every state carries out executions.

    Katsas said “manner” in the act only refers to the “method” of execution, like lethal injection as opposed to electrocution. It doesn’t regulate “various subsidiary details cited by the plaintiffs and the district court.”

    Rao disagreed with Katsas’ "manner” analysis, saying that the act requires the government to follow state execution statutes and formal regulations, but not less formal state procedures.

    Tatel said in dissent that he agreed with Rao that “manner” means more than just general execution method, but he disagreed with her beyond that, saying that the law requires executions to be carried out by state procedures “not just in statutes and regulations, but also in protocols issued by state prison officials pursuant to state law.”

    ‘Grave uncertainty’

    The D.C. Circuit’s “very different opinions” create “grave uncertainty about what the Federal Death Penalty Act means and what rules the federal government must follow when it carries out executions,” said Hogan Lovells’ Cate Stetson, lead counsel for the prisoners Alfred Bourgeois, Dustin Lee Honken, Daniel Lewis Lee, and Wesley Purkey.

    “The panel’s decision, if uncorrected,” she said, “will have significant effects on both future death-penalty litigation and administrative law more broadly.”

    The prisoners’ petition argues that the circuit panel ran afoul of administrative law by adopting a reading of the protocol that the agency never advanced and by deeming the protocol a procedural rule exempt from notice and comment requirements.

    “The Supreme Court should grant review,” Stetson said, “to resolve this confusion and hold that the statute means what it says, requiring the government to follow state execution protocols.”

    The Justice Department didn’t respond to a request for comment on the petition. It will have the opportunity to file a brief opposing high court review, due July 9, before the justices decide whether to take the case.

    Noting the disagreement even within the appeals court majority, Death Penalty Information Center executive director Robert Dunham said “if you’re looking for clarity, I would think the court would want to review the case.”

    Dunham said it should be clear “whether the protocol follows the law and why. And I think that benefits everybody to have clarity. When there is clarity, one side or the other isn’t going to be happy. But that’s better than having confusion.”

    ‘Unusual aspect’

    Death penalty proponent Kent Scheidegger observed that the court might not take up the case because there’s no circuit split and the panel reached the right result, in his view.

    “Normally that would indicate a denial of certiorari,” said Scheidegger, legal director of the Criminal Justice Legal Foundation.

    “The unusual aspect, though, is that the odd panel split will lead to an incorrect result in a future case unless corrected,” he said, referring to a potential situation where, in light of that D.C. Circuit precedent, a prisoner raises a challenge from a state where formal statute or regulation would control the analysis.

    He said that could be a reason for the court to take the case now, “rather than decide the issue on an eve-of-execution basis later.”

    The case is Roane v. Barr, U.S., No. 19-1348.

    https://news.bloomberglaw.com/us-law...-supreme-court

  6. #46
    Administrator Aaron's Avatar
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    New execution date set for July 13.

    https://twitter.com/keribla/status/1...992837120?s=19
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  7. #47
    Moderator Ryan's Avatar
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    As execution nears, new DNA test sought in Arkansas family's slaying

    Attorneys for a man scheduled to be executed by lethal injection next month are seeking a new DNA test in an effort to prevent the U.S. government from going forward with the death sentence.

    Danny Lee, 46, a one-time member of a white supremacist group, was convicted in the Jan. 15, 1996, slaying of a rural Arkansas family. The three victims had their heads wrapped in plastic and were dumped in the Illinois Bayou in Pope County after Lee and his accomplice, Chevie Kehoe, taped rocks to their bodies, prosecutors said.

    Lee's attorneys, Morris Moon and George Kouros, filed their motion Friday in U.S. District Court in Little Rock. They requested the hair sample be compared with the DNA of "alternate suspects" originally named in the case.

    Last week, the U.S. Department of Justice announced Lee's execution is scheduled for July 13. If it moves forward, Lee would be the first death row inmate to be executed by the U.S. government in 17 years.

    Another of Lee's attorneys, Ruth Friedman, stated in a news release Friday that the hair sample in question was tested by an independent lab in 2007, which "conclusively excluded" Lee as the source.

    Attorneys said federal prosecutors at the time of the 1999 trial convinced a jury that Lee was guilty of the murders "based largely" on what seemed to be damning evidence at the time.

    "The stakes in this litigation could not be higher," Friedman wrote. "The government is rushing to execute Danny Lee despite lingering questions about the prosecution's case. The government should want to know the truth just as much as Mr. Lee does, and should use all available tools to ensure the truth comes out before carrying out the irrevocable step of executing him. There is no compelling reason to forgo this testing."

    Prosecutors said Lee and Kehoe entered the Tilly-area home of William Mueller; his wife, Nancy Mueller; and her 8-year-old daughter, Sarah Powell. Jurors were told that Lee and Kehoe had dressed in makeshift FBI uniforms, waited for the family to come home and then sprung out from hiding places pretending they were carrying out a raid. The family was then murdered.

    The victims' bodies were found in the water near Russellville months after they were killed. A medical examiner could not conclude whether they asphyxiated from the plastic wrapped around their heads or drowned.

    Among the items introduced into evidence at the trial was a cap left behind by the killers, which contained a hair that prosecutors said was matched to Lee.

    In their motion, defense attorneys argued that the hair ought to be compared with the DNA of other suspects originally named in the case, including the first lead suspect, identified in court documents as Paul Humphrey, who lived near the Muellers.

    Humphrey became a suspect after one of Nancy Mueller's relatives told authorities that he was in possession of the titles to the Muellers' abandoned vehicle and trailer, the motion stated. Attorneys said Humphrey subsequently gave "bizarre and false" statements to investigators.

    Kehoe was arrested in June 1997 in Utah and Lee was arrested a couple months later in Oklahoma. The men were tried together, and jurors recommended a life sentence for Kehoe and a death sentence for Lee.

    Nancy Mueller's family has told the media they think jurors got it wrong.

    "If anyone should've gotten the death penalty, it should've been Chevie Kehoe," Paul Branch, Nancy Mueller's brother and Sarah Powell's uncle, told an Arkansas Democrat-Gazette reporter last November at his home in Hector. He said Kehoe was the mastermind behind the murders and called him "an evil person."

    In their filing, Lee's attorneys said federal investigators, once they took over the case from local authorities, started focusing on Lee after interviewing two of Kehoe's relatives. The investigators did so even though Humphrey was never ruled out as a suspect by local detectives, according to the motion.

    "The Government should be ordered to do everything in its power to determine whose hair was in the FBI cap it claimed was worn during the crime," Moon and Kouros wrote in their filing.

    They went on to say that with the passage of time, the government's case against Lee "has only become substantially weaker." They have said that others involved in the trial also think so.

    Friedman said the judge and the lead prosecutor made public statements opposing Lee's execution years after the verdict.

    "Additionally, the government has repeatedly sought to inflame public opinion by exploiting Mr. Lee's physical appearance, despite the fact that he long ago renounced the skinhead groups he joined as a teenager," Friedman said.

    A spokesman for the Justice Department in Washington, D.C., could not be reached for comment Friday.

    Lee was originally scheduled to be executed in December 2019, but a U.S. District Court judge in Washington stayed the execution on the basis that Attorney General William Barr was "short-circuiting" the process by not having Congress vote on the newly implemented single-drug injection for condemned killers.

    Previously, the lethal injection was made up of a three-drug mixture. In 2014, President Barack Obama instructed the Justice Department to review its use of lethal injections.

    Barr announced in July 2019 that the review was finished, which opened the door for federal executions to resume.

    https://www.nwaonline.com/news/2020/...ht-in-familys/
    "How do you get drunk on death row?" - Werner Herzog

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  8. #48
    Senior Member CnCP Legend Mike's Avatar
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    Quote Originally Posted by Ryan View Post
    Danny Lee, 46, a one-time member of a white supremacist group,

    Another of Lee's attorneys, Ruth Friedman,
    A "White supremacist" has a Jewish attorney.

    Hmmmmm.
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  9. #49
    Senior Member CnCP Legend Neil's Avatar
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    That’s kind of funny lol

  10. #50
    Administrator Aaron's Avatar
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    Doesn't Dylan Roof have attorneys that aren't white?
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

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