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Thread: Wesley Ira Purkey - Federal Execution - July 16, 2020

  1. #31
    Senior Member Frequent Poster schmutz's Avatar
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    For an execution to be punishment, as opposed to merely killing, the condemned must know he is about to die and why. This does not change the matter of guilt, as it is not a defense against the charges brought, but a condition that can proscribe execution of a sentence on the basis that it is no longer punitive in nature.

  2. #32
    Senior Member CnCP Legend Neil's Avatar
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    Death row inmate seeks execution delay, says coronavirus endangers Buddhist priest

    By KEVIN JOHNSON
    USA TODAY

    Referring to the resumption of federal executions in the midst of the coronavirus pandemic as "super-spreader events," lawyers for one of three inmates slated to die later this month argued for a delay Thursday, claiming that the deadly virus would endanger the life of his spiritual adviser who would be attending.

    The lawsuit, filed on behalf of a Buddhist priest who has ministered to condemned inmate Wesley Purkey, argues that the pandemic would risk the health of Rev. Seigen Hartkemeyer who is "religiously obligated" to attend Purkey's July 15 execution.

    Purkey’s execution is the second of three that the government has scheduled in quick succession later this month, marking a resumption of the federal death penalty following a 17-year hiatus.

    “The fact that the federal government has scheduled these executions now, during a pandemic when COVID-19 cases are surging around the country, is appalling,” said Cassandra Stubbs, director of the ACLU’s Capital Punishment Project. “Nine of the top 10 hot spots for COVID-19 are in prisons. Asking hundreds of people from around the country to go to Indiana right now to attend this execution is like asking them to run into a burning building. We haven’t had a federal execution in 17 years: There is absolutely no reason for the government to rush forward with such a reckless and dangerous plan.”

    This week, the Supreme Court cleared the way for the Trump administration to resume federal executions when justices denied a challenge from four convicted murderers, including Purkey, who argued that federal executions must adhere to the specific protocols used by the states where each man was sentenced, including the method of execution.

    Attorney General William Barr announced last year that the federal government would conduct its first executions since 2003 using the single drug pentobarbital. The drug is used in many but not all states.

    Federal District Court Judge Tanya Chutkan ruled that the executions would conflict with provisions of a 1994 federal law, under which the federal government is supposed to follow protocols used by the states in which the prisoners were sentenced. That ruling was upheld by a three-judge federal appeals court panel.

    Lawyers for Purkey convicted in the 1998 kidnapping, rape and murder of a 16-year-old girl, raised the issue of the virus as the federal Bureau of Prisons has struggled to control its spread. So far, 90 inmates and one staffer have died, while 1,563 inmates and 164 staffers are infected.

    At the prison complex in Terre Haute, Indiana, where the federal death chamber is housed, one inmate has died and five inmates were infected.

    Purkey's lawyers asserted that Rev. Hartkemeyer, 68, has lung-related illnesses that "make him particularly vulnerable to COVID-19."The lawsuit claims that the timing of the execution, "forcing Rev. Hartkemeyer to risk his health and life to perform his religious duties as Purkey’s priest," violates the Religious Freedom Restoration Act.

    https://www.google.com/amp/s/amp.usa...amp/5362696002
    Last edited by Neil; 07-02-2020 at 11:16 AM.

  3. #33
    Administrator Aaron's Avatar
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    What the hell is it with white death row inmates and Buddhist conversions? It's to white inmates what Islam is to black inmates.
    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

  4. #34
    Moderator Bobsicles's Avatar
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    I don’t think Purkey is actually Buddhist. He probably heard about the Patrick Murphy bs and decided to do it too
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  5. #35
    Senior Member CnCP Legend Neil's Avatar
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    If these federal executions don’t go through in two weeks this year we’ll have 10 executions. We’re definitely headed down that path of little to no executions this year. I see it.
    Last edited by Neil; 07-02-2020 at 12:11 PM.

  6. #36
    Senior Member CnCP Legend Mastro Titta's Avatar
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    Please, ban all religious advisors within 10 km from the death chamber. Enough with this charade.

  7. #37
    Moderator Bobsicles's Avatar
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    The Seventh Circuit has denied his habeas petition but they’ve temporarily stayed the execution until all issues are taken care of

    https://twitter.com/rdunhamdpic/stat...614011907?s=21
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  8. #38
    Administrator Aaron's Avatar
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    It's my impression that the 7th Circuit stayed it simply because they could, without considering the likelihood of success on the merits. If so, SCOTUS will likely vacate this on appeal. A stay is not automatically available as a matter of right.

    But it is worrying that the panel had two Trump judges (Brennan, St. Eve) on it. St. Eve was a consensus pick but Brennan was a bitterly fought one.
    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

  9. #39
    Senior Member Frequent Poster Fact's Avatar
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    I read the opinion--it was directly controlled by a CA7 en banc case from only a couple years ago. If Brennan and St. Eve had ruled against Purkey, that would be much more worrying because it would show that they ignore precedent.

  10. #40
    Senior Member CnCP Legend Neil's Avatar
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    Is Barr going to be appealing this? That’s the question
    Last edited by Neil; 07-03-2020 at 03:18 PM.

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