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Christopher Eugene Brooks - Alabama Execution - January 21, 2016
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Thread: Christopher Eugene Brooks - Alabama Execution - January 21, 2016

  1. #1
    Administrator Michael's Avatar
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    Christopher Eugene Brooks - Alabama Execution - January 21, 2016


    Jo Deann Campbell


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    Summary of Offense:

    Was found guilty and sentenced to death in 1993 for the rape and murder of Jo Deanne Campbell on December 31, 1992.

  2. #2
    Administrator Moh's Avatar
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    On April 29, 2005, the Court of Criminal Appeals of Alabama, affirmed the circuit court's denial of Brooks's petition for postconviction relief.

    http://caselaw.findlaw.com/al-court-...s/1455395.html

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    Administrator Heidi's Avatar
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    Christopher Eugene Brooks v. Commissioner, Alabama Department of Corrections, et al.

    In today's opinions, the Eleventh Circuit Court of Appeals AFFIRMED the district court's DENIAL of Brooks' petition for habeas relief.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Administrator Moh's Avatar
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    On September 13, 2013, the US Court of Appeals for the Eleventh Circuit denied Brooks' petition for an en banc rehearing.

    http://www.supremecourt.gov/Search.a...es/13-7848.htm

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    In today's United States Supreme Court orders, Brooks' petition for writ of certiorari was DENIED.

    http://www.supremecourt.gov/Search.a...es/13-7848.htm

  6. #6
    Administrator Moh's Avatar
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    State adopts new execution drugs, seeks death date for 9 inmates

    MONTGOMERY — Alabama this week adopted a new drug protocol for executions by lethal injection and began seeking execution dates for nine inmates on death row.

    Those inmates saw their execution dates indefinitely postponed earlier this year, when state officials ran out of drugs used in executions.

    Several states have faced shortages of those drugs in recent years, largely because drug manufacturers in Europe — where there's substantial opposition to capital punishment — have refused to sell drugs to states for use in executions. In response to the shortage, several states have sought out new combinations of lethal injection drugs.

    Some death-row inmates have filed suits arguing that the use of those experimental drug combinations could lead to pain during executions, violating the constitutional ban on cruel and unusual punishment.

    Tommy Arthur is one of those inmates. Arthur, sentenced to death for the murder-for-hire of a Muscle Shoals man in the 1980s, was originally scheduled for lethal injection in 2012. He filed suit on the grounds that the state had only recently switched to a new lethal injection drug, pentobarbital. Two other Alabama inmates have similar suits pending.

    State officials acknowledged in March that Alabama no longer had a supply of pentobarbital — leaving Alabama without the drugs it needed to carry out executions.

    In motions filed Thursday with the Alabama Supreme Court, state officials say they now have a new drug protocol for executions. Under the protocol, adopted Wednesday, inmates would be injected with midazolam hydrochloride, an anesthetic; rocuronium bromide to relax the muscles; and potassium chloride to induce cardiac arrest.

    The drug combination is "virtually identical to Florida's newly-revised protocol which has been ruled constitutional," according to the state's motion.

    The protocol has been used for seven executions in Florida, the motion states.

    Midazolam, the first drug in the protocol, has been used in botched executions in other states this year. An Ohio execution in January took 25 minutes, with the inmate gasping for breath, according to accounts in the press. In May, an Oklahoma inmate died 43 minutes after first being lethally injected. Both executions used midazolam.

    Florida’s recent executions haven’t presented the same problems, said Richard Dieter, director of the Death Penalty Information Center, a nonprofit group which studies the death penalty.

    Still, Dieter said, problems might be harder to spot under Florida’s drug protocol because the second drug in the sequence paralyzes the inmate.

    “It’s hard to tell when a paralytic is the second drug,” Dieter said. “They could be conscious or experiencing pain, but they can’t show that.”

    The state filed nine motions seeking execution dates for Arthur as well as inmates David Lee Roberts, Anthony Boyd, Christopher Eugene Brooks, Demetrius Frazier, Gregory Hunt, William Ernest Kuenzel, Robin Dee Myers and Christopher Lee Price.

    The motion in Arthur's case was the first to come to light Friday morning. The Star's attempts to reach Arthur's lawyer, Suhana Han, were not immediately successful Friday morning.

    Jennifer Ardis, a spokeswoman for Gov. Robert Bentley, said the state was ready to carry out the executions.

    "Obviously, the decision to execute an inmate is a serious one, and the governor supports the legal process," Ardis said. "We have a new protocol and the Department of Corrections is ready to carry out an execution order."

    One Alabama death penalty opponent said she didn’t understand the drive to resume executions.

    “I’m disgusted,” said Esther Brown, an activist for Project Hope for Abolition of the Death Penalty. “I’m disgusted with our compulsion, our need, to kill. I just don’t understand it.”

    The state hasn’t executed an inmate since July 2013, when Andrew Reid Lackey died by lethal injection for the 2005 murder of an Athens man.

    http://www.annistonstar.com/news/art...1c5521f3f.html

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    Administrator Helen's Avatar
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    Alabama seeks execution date for man convicted in Homewood woman's slaying

    By Kent Faulk
    AL.com

    The Alabama Attorney General's Office is seeking an execution date for death row inmate Christopher Brooks, who was convicted in the 1992 rape and murder of a Homewood woman.

    Brooks has exhausted his direct appeals, according to the Attorney General's Sept. 24 motion to the Alabama Supreme Court. "As such, it is time for his death sentence to be carried out," the motion states.

    Brooks' attorneys, in a response filed Wednesday, agree that Brooks' conventional appeals ended in March 2014 when the U.S. Supreme Court declined to review his case. But they argue there are still constitutional issues regarding Alabama's lethal injection procedure that still have not been resolved.

    "We are surprised that the State has moved to set an execution date for Mr. Brooks, especially since the State agreed to a stay for Mr. Brooks in March and because the federal lethal injection litigation to decide the constitutionality of Alabama's protocol remains unresolved," said Leslie S. Smith, an attorney in the Capital Habeas Unit of the Federal Defenders Office in the Middle District of Alabama.

    Brooks was convicted in 1993 of murder during the course of a rape, robbery, and burglary for killing Jo Deann Campbell. A jury recommended Brooks receive the death penalty and a judge sentenced him to death.

    According to the appeal court records Campbell and Brooks had met while working as counselors at a camp in New York state. On Dec. 31, 1992, her body was found under the bed in the bedroom of her Homewood apartment. She had been bludgeoned to death, and was naked from the waist down.

    DNA taken from semen found in the victim's body, a palm print on one of Campbell's ankles, and bloody fingerprints on her bedroom door were all linked to Brooks.

    A friend of Brooks, who also was at the apartment, was not indicted on charges.

    A spokesman for the Alabama Attorney General's Office on Thursday said the request to set an execution date for Brooks is the only such request pending for an Alabama death row inmate at this time.

    Brooks and other death row inmates this spring had executions stayed
    pending the U.S. Supreme Court's decision in the case of Oklahoma inmate Richard Glossip, who along with other inmates, challenged the constitutionality of the use of the sedative midazolam in Oklahoma's three-drug execution protocol.

    Alabama was among 13 states
    to file briefs to the U.S. Supreme Court in support of Oklahoma's execution method, which is similar to their own methods.

    An injection of 500 milligrams of midazolam hydrochloride is part of Alabama's new three-drug combination used for lethal injections. The other drugs are 600 milligrams of rocuronium bromide to stop breathing, and 240 "milliequivalents" of potassium chloride to stop the heart.

    The U.S. Supreme Court, in a 5-4 decision, did not believe the arguments that the drug combination including midazolam was cruel and unusual punishment.

    The U.S. Supreme Court's ruling is based on facts in the Oklahoma case, not on Alabama's three-drug lethal injection protocol, Brooks' attorneys' argue in their response.

    "The Supreme Court's opinion in Glossip affirmed a District Court ruling denying Glossip a preliminary injunction. That decision does not resolve or end the litigation in Glossip, does not resolve or end the litigation surrounding Alabama's execution protocol, and does not constitute a ruling on the constitutionality of Oklahoma or Alabama's execution protocol," Brooks' attorneys write.

    Brooks will be filing a federal lawsuit challenging Alabama's method of execution, his attorneys also stated in their response.

    But the Attorney General's Office argued in its motion that even if Brooks files a federal lawsuit, the Alabama Supreme Court should still set an execution date.

    "If Brooks files a civil lawsuit challenging Alabama's method of execution, it will have no relation to the State's lawful criminal judgment," the AG's motion states.

    The Attorney General's Office in July had asked a federal judge to dismiss lawsuits by seven other inmates
    challenging the state's lethal injection method.

    Glossip was to have been executed Wednesday but it was postponed at the last minute by Oklahoma's governor
    over a question regarding the legality of substituting another drug for potassium chloride, CNN reported.

    Two death row inmates were executed this week in other states.

    Alfredo Rolando Prieto, who was convicted of two murders in Virginia, one in California and linked to six others, was executed Thursday night in Virginia, according to The Washington Post.

    Kelly Renee Gissendaner was executed early Wednesday morning in Georgia for her role in the 1997 murder of her husband, despite appeals from others, including Pope Francis, USA Today reported.

    http://www.al.com/news/birmingham/in...medium=twitter
    "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

  8. #8
    Senior Member CnCP Legend Mike's Avatar
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    Alabama Supreme Court sets execution date for man in 1992 Homewood rape and murder

    The Alabama Supreme Court today set Jan. 21 as the execution date for death row inmate Christopher Brooks, who was convicted in the 1992 rape and murder of a Homewood woman.

    Brooks had exhausted his direct appeals and the Alabama Attorney General's Office on Sept. 24 asked the Alabama Supreme Court.

    The execution is to take place at the William C. Holman Correctional Facility in Atmore where the majority of death row inmates are housed.

    But John Palombi, assistant federal defender with the Federal Defenders for the Middle District of Alabama, said the execution date is too early because Brooks, along with other inmates, should be given a chance to continue their legal fight against the state's lethal injection method to its conclusion.

    "This action is premature," Palombi wrote Monday in an email to Al.com. "Mr. Brooks has moved to intervene in an action challenging Alabama's method of execution."

    Palombi wrote that the Alabama Attorney General's Office has not opposed Brooks' motion to intervene, although the federal judge has not yet ruled on that request.

    A final evidentiary hearing for the other five death row inmates is set for April 19, 2016, Palombi stated. "To execute him (Brooks) before then using the present method would subject him to a substantial risk of serious harm, as the current protocol uses an inadequate anesthetic, a paralytic that causes suffocation and a third drug that causes the sensation of being burned alive from the inside," he wrote.

    If Brooks were to be executed, it would be the first in Alabama in more than two years.

    Brooks' attorneys have said that Brooks' conventional appeals ended in March 2014 when the U.S. Supreme Court declined to review his case.

    Brooks was convicted in 1993 of murder during the course of a rape, robbery, and burglary for killing Jo Deann Campbell. A jury recommended Brooks receive the death penalty and a judge sentenced him to death.

    According to the appeal court records Campbell and Brooks had met while working as counselors at a camp in New York state. On Dec. 31, 1992, her body was found under the bed in the bedroom of her Homewood apartment. She had been bludgeoned to death, and was naked from the waist down.

    DNA taken from semen found in the victim's body, a palm print on one of Campbell's ankles, and bloody fingerprints on her bedroom door were all linked to Brooks.

    A friend of Brooks, who also was at the apartment, was not indicted on charges.

    Brooks and other death row inmates this spring had executions stayed pending the U.S. Supreme Court's decision in the case of Oklahoma inmate Richard Glossip, who along with other inmates, challenged the constitutionality of the use of the sedative midazolam in Oklahoma's three-drug execution protocol.

    Alabama was among 13 states to file briefs to the U.S. Supreme Court in support of Oklahoma's execution method, which is similar to their own methods.

    An injection of 500 milligrams of midazolam hydrochloride is part of Alabama's new three-drug combination used for lethal injections. The other drugs are 600 milligrams of rocuronium bromide to stop breathing, and 240 "milliequivalents" of potassium chloride to stop the heart.

    The U.S. Supreme Court, in a 5-4 decision, did not believe the arguments that the drug combination including midazolam was cruel and unusual punishment.

    The U.S. Supreme Court's ruling is based on facts in the Oklahoma case, not on Alabama's three-drug lethal injection protocol, Brooks' attorneys' argue in their response.

    http://www.al.com/news/birmingham/in..._sets_exe.html
    Judicial Review isn't in the Constitution.

  9. #9
    Administrator Moh's Avatar
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    Alabama death row inmate asks federal judge to stay execution

    Attorneys for Alabama Death Row inmate Christopher Brooks, convicted in the 1992 murder of a Homewood woman, on Friday asked a federal judge to block Brooks' scheduled execution next month.

    The judge on Friday set a hearing for Dec. 18 on Brooks' emergency petition.

    Meanwhile, the Alabama Attorney General's Office, at the judge's request, submitted a proposal Friday to change the state's three-drug lethal injection method to use of just one of the drugs for Brooks' execution.

    The Alabama Supreme Court on Nov. 23 set Brooks' execution date for Jan. 21. Brooks had exhausted his direct appeals and the Alabama Attorney General's Office on Sept. 24 asked the Alabama Supreme Court to set an execution date.

    John Palombi, assistant federal defender with the Middle District of Alabama, said they filed a motion Friday asking U.S. District Court Judge Keith Watkins to stay Brooks' execution. "We asked the Court to do so to allow Mr. Brooks' case to proceed to a final hearing with the other five plaintiffs (death row inmates) in the litigation challenging Alabama's method of execution," he said in an email.

    Death row inmates are challenging the use of the drug midazolam as part of the drug combination Alabama plans to use for lethal injections.

    "Alabama has not yet carried out an execution using midazolam in either a one-drug or a three-drug protocol," Palombi said. "The time to evaluate whether such a protocol creates an unreasonable risk of severe pain is not after an execution using a new protocol, but before."

    "In requesting this stay and also asking the Alabama Supreme Court to vacate its order setting his execution date, Mr. Brooks is only asking the state to wait for the resolution of the evidentiary hearing that is already scheduled and which will address these crucial constitutional and human rights questions," Palombi said.

    The Alabama Attorney General's Office declined to comment on the motion seeking a halt to Brooks' execution or its motion filed Friday asking Watkins to approve a one-drug protocol.

    The AG's office, however, still believes its three-drug protocol is constitutional, according to court documents.

    Watkins in an order issued Tuesday had given the AG's office until Friday to file that motion.

    The judge also gave Brooks' attorneys until noon Tuesday (Dec. 8) for file their response to the AG's proposed one-drug midazolam protocol. The judge also gave the AG's office until Dec. 11 to respond to Brooks' emergency motion to stay his execution.

    Brooks last month joined other Alabama Death Row inmates in filing federal lawsuits challenging Alabama's proposed three-drug protocol for lethal injections. That protocol calls for an injection of 500 milligrams of midazolam hydrochloride followed by 600 milligrams of rocuronium bromide to stop breathing, and then 240 "milliequivalents" of potassium chloride to stop the heart.

    Based on a previous U.S. Supreme Court ruling, in order to prevail on an Eighth Amendment method-of-execution claims of cruel and unusual punishment, inmates must name an alternative to the current method that is "feasible, readily implemented" and significantly reduces a substantial risk of severe pain.

    When Brooks filed his lawsuit he listed three lethal injection alternatives - two of which the state says it can no longer get. The third was the single dose of midazolam.

    After other inmates also suggested a single-dose of midazolam as an alternative, the AG's office called their bluff and agreed for just their executions.

    Watkins had rejected a few other death row inmates suggestion for a firing squad or hanging.

    Brooks was convicted in 1993 of murder during the course of a rape, robbery, and burglary for killing Jo Deann Campbell. A jury recommended Brooks receive the death penalty and a judge sentenced him to death.

    According to the appeal court records Campbell and Brooks had met while working as counselors at a camp in New York state. On Dec. 31, 1992, her body was found under the bed in the bedroom of her Homewood apartment. She had been bludgeoned to death, and was naked from the waist down.

    DNA taken from semen found in the victim's body, a palm print on one of Campbell's ankles, and bloody fingerprints on her bedroom door were all linked to Brooks.

    A friend of Brooks, who also was at the apartment, was not indicted on charges.

    http://www.al.com/news/birmingham/in...ate_ask_f.html

  10. #10
    Administrator Helen's Avatar
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    Alabama says federal judge should not block execution

    By Kent Faulk
    AL.com

    The Alabama Attorney General's Office has asked a federal judge to reject Alabama Death Row inmate Christopher Brooks' request to delay his scheduled execution next month.

    The execution would be the first in Alabama since July 25, 2013 and the first under the state's new lethal injection combination. The state had to find a new lethal injection combination after certain drugs became unavailable.

    The Atttorney General's Office says in its response to Brooks' request that Brooks' is too late in filing a lawsuit challenging the state's new three-drug lethal injection protocol.

    "Christopher Brooks has known since September 2014 that the Alabama Department of Corrections changed its lethal injection protocol, has known since March 10, 2015, that the Alabama Supreme Court ordered his execution, and has known since September 24, 2015, that the State of Alabama was again asking the Supreme Court to order his death, yet he waited until November 2, 2015, to begin the process of challenging the State's current method of execution," the Attorney General's Office states in its response.

    The Alabama Supreme Court on Nov. 23 set Brooks' execution date
    for Jan. 21. Brooks had exhausted his direct appeals and the Alabama Attorney General's Office on Sept. 24 asked the Alabama Supreme Court to set an execution date.

    Brooks' also can't produce evidence sufficient to establish that he has a substantial likelihood of success of getting a court to agree with his claims regarding the lethal injection protocols, the Attorney General's response states.

    Effort to reach Brooks' attorney for comment prior to publication of this story were unsuccessful.

    Brooks was convicted in 1993 of murder during the course of a rape, robbery, and burglary for killing Jo Deann Campbell. A jury recommended Brooks receive the death penalty and a judge sentenced him to death.

    Brooks and Campbell, 23, met in 1991 when they worked at different summer camps on a lake in New York, where Brooks and his parents then lived.

    Brooks and another man came to Homewood on Dec. 30, 1992, to visit Campbell and stay the night.

    The next evening, police found Campbell's body stuffed under her bed, her badly beaten head wrapped in her sweat pants. Police testified they found one of Brooks' palm prints on Campbell's ankle and his thumbprint in her blood on her bedroom doorknob. A state forensic scientist testified that DNA tests matched semen from Campbell's body to Brooks.

    Police arrested Brooks and another man in Columbus, Ga., on charges that they bought beer, soda, gas and other items the day before with Campbell's credit card.

    A friend of Brooks, who also was at the apartment, was not indicted on charges.

    http://www.al.com/news/birmingham/in...medium=twitter
    "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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