VARNER,
Ark. (AP) — Arkansas overcame a flurry of court challenges that
derailed three other executions, putting to death an inmate for the
first time in nearly a dozen years as part of a plan that would have
been the country's most ambitious since the death penalty was restored
in 1976.
Ledell
Lee's lethal injection Thursday capped a chaotic week of legal
wrangling that left Arkansas scrambling to salvage any part of its
attempt to execute eight men before one of its drugs expires at the end
of April.
Lee,
51, was pronounced dead at 11:56 p.m., four minutes before his death
warrant was due to expire. He was put on death row for the 1993 death of
his neighbor Debra Reese, whom he struck 36 times with a tire tool her
husband had given her for protection. Lee was arrested less than an hour
after the killing after spending some of the $300 he had stolen from
Reese.
The
state originally set four double executions over an 11-day period in
April. The eight executions would have been the most by a state in such a
compressed period since the U.S. Supreme Court reinstated the death
penalty in 1976.
The
first three executions were canceled this week because of court
decisions. Two more inmates are set to die Monday, and one next
Thursday. Another inmate scheduled for execution next week has received a
stay.
After
a hiatus of nearly 12 years, Lee's execution was carried out without
any apparent glitches. Lee showed no signs of consciousness two minutes
after the lethal injection, which began at 11:44 p.m. With arms
extended, covered with a sheet, his head and hands covered with leather
straps, Lee made no final statement and showed no apparent signs of
suffering during the execution.
"The
governor knows the right thing was done tonight," said J.R. Davis, a
spokesman for Gov. Asa Hutchinson. "Justice was carried out."
The
U.S. Supreme Court cleared the way for Lee's execution less than an
hour before his death warrant was set to expire, rejecting a round of
last-minute appeals from the condemned inmate's attorneys.
"Arkansas'
decision to rush through the execution of Mr. Lee just because its
supply of lethal drugs are expiring at the end of the month denied him
the opportunity to conduct DNA testing that could have proven his
innocence," said Nina Morrison, senior staff attorney with the Innocence
Project, a non-profit legal organization that helped represent Lee in
his last appeals.
Arkansas
dropped plans to execute a second inmate, Stacey Johnson, on Thursday
after the state Supreme Court said it wouldn't reconsider his stay,
which was issued so Johnson could seek more DNA tests in hopes of
proving his innocence.
Another
state Supreme Court ruling earlier in the day allowed officials to use a
lethal injection drug that a supplier says Arkansas obtained by
misleading the company. McKesson Corp. had filed a lawsuit accusing the
state of obtaining its vecuronium bromide, one of three drugs used in
the state's lethal injection process, under false pretenses.
McKesson said it wants nothing to do with executions and was disappointed in the court's ruling.
"We believe we have done all we can do at this time to recover our product," the company said in a statement.
Justices
also denied an attempt by makers of midazolam and potassium chloride —
the two other drugs in Arkansas' execution plan — to intervene in
McKesson's fight over the vecuronium bromide. The pharmaceutical
companies say there is a public health risk if their drugs are diverted
for use in executions, and that the state's possession of the drugs
violates rules within their distribution networks.
The legal delays frustrated Hutchinson. The state's elected prosecutors also criticized the roadblocks to the execution plans.
"Through
the manipulation of the judicial system, these men continue to torment
the victims' families in seeking, by any means, to avoid their just
punishment," the prosecutors said in a joint statement.
Lawyers
for the state have complained that the inmates are filing court papers
just to run out the clock on Arkansas' midazolam supply. Prisons
director Wendy Kelley has said the state has no way to obtain more
midazolam or vecuronium bromide. At one point in the proceedings before a
federal judge last week, Arkansas Solicitor General Lee Rudofsky
declared, "Enough is enough."
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