On June 19, 2014, the State of Florida executed John Ruthell Henry, rounding out a 24 hour period where three different executions took place in the United States — the first executions since that horrible event back in April, where Oklahoma’s lethal execution went terribly wrong.  

The United States Supreme Court declined to act in any last-minute blocking of the June 19th execution, despite concern by many that Henry was not mentally competent to undergo capital punishment.  (See our earlier post, "Will Florida Execute John Ruthell Henry Next Week?".) 

Apparently, lethal injections are still going strong in the United States despite what happened in April — and regardless of the controversy over using these drugs as ways to kill people.

 Now that the Supreme Court of the United States has ruled that Florida’s method of deciding if someone can or cannot be executed if they suffer from a mental disability has been ruled unconstitutional (read our posts on Hall v. Florida here), many people may assume that it’s automatic that Death Row inmates with mental disabilities will be spared execution.

You’d be wrong.

Florida Death Row Inmate John Ruthell Henry – Mental State Bars Execution?

Right now, John Henry sits on Florida Death Row, having been convicted and sentenced to die for the three homicides, including the murder of his wife and and her son.   His lawyers are arguing that Henry’s mental state precludes execution – that Henry suffers from hallucinations, delusions, and is not mentally sane.

He is scheduled to die next Wednesday.

Florida Governor Rick Scott Orders Evaluation

On May 2, 2014, Florida Governor Rick Scott signed the death warrant allowing Mr. Henry’s capital punishment to proceed. See the Florida Capital Resource Center’s Active Warrants Page here.

On May 14th, Gov. Scott changed things with his Executive Order where Scott appointed 3 doctors to examine Henry to decide his current mental state.

Florida Supreme Court Denies Appeal

Today, the Florida Supreme Court denied an appeal filed by John Ruthell Henry’s counsel, based upon the SCOTUS Hall v. Florida precedent, which argued that Henry should not be executed because he is intellectually disabled and the Eighth Amendment therefore bars the death penalty.

The Florida High Court determined that since “intellectual disability” involves "significantly subaverage general functioning" and John Henry can communicate, is able to form relationships, and more, he does not meet the “intellectual disability” legal standard and this cannot form the basis of thwarting capital punishment in his situation.

John Henry faces an execution by the State of Florida next Wednesday, June 18, at  6 p.m. — Will this happen? 

 Today, the United States Supreme Court held that the Florida statutory method for determining who is mentally disabled as a mitigating factor that bars the imposition of the death penalty to be UNCONSTITUTIONAL.

From SCOTUS:

"The State’s threshold requirement, as interpreted by the Florida Supreme Court, is unconstitutional."

Read the entire opinion in the Terence Lenamon Online Library.

 

 

 

Back in January, we asked if states would be returning to former methods of execution, specifically the electric chair, and now it appears that Tennessee has decided to do exactly that, at least if the Governor of the State of Tennessee gets his way on things.

Thing is — that electric chair form of execution is not swift or pain-free as discussed in our earlier post (with a link to some pretty graphic examples of Florida’s experience with the electric chair).

Of course, there are other legal options out there to lethal injection: gas chambers and firing squads and hanging.  

Just last year, a New York law professor wrote an op-ed piece for the New York Times offering his opinion that states should return to the firing squad. He got lots of support.

[ For a list of states with alternative execution methods on the books to lethal injection, go here. ]

What the Tennessee Governor is doing is more than recognizing that the electric chair can be an alternative method of execution; he is seeking to replace lethal injection with the electric chair.

Tennessee was one of the first states to have a big problem with lethal injection executions because of a supply problem, and it was back in February 2011 that Tennessee decided to go ahead with an execution using the same drug that vets use to put down pets, pentobarbital. 

So, will Tennessee executions go forward with electrocution now? Go read our prior post on what an electric chair does and see what you think about what Tennessee is doing.

 

This Sunday, May 11, 2014, Dateline NBC will show its latest crime investigation episode, "Mystery in South Beach," which covers the recent trial (and guilty verdict) for Michel Escoto.

Terence Lenamon, as stand-by counsel and later full-on defense counsel (Terry Lenamon gave the closing arguments), was interviewed for this episode.

Watch the show as it first appears on Sunday, or catch it later online at the Dateline NBC website.

 

 

 

 

Tuesday was a horror:  Clayton Lockett was seen to writhe, clench his teeth and fight against his gurney restraints as the State of Oklahoma’s lethal injection execution took place.  

Oklahoma officials halted the execution after seeing that the untested use of midazolam in the lethal drug cocktail might not be working properly (duh) but this apparently came too late.  Not only was there obviously suffering on the part of Lockett, he died of a heart attack shortly thereafter.

Now, there is growing outrage about what happened during the Lockett execution.  

Thing is, all eyes are on Oklahoma.  But while Oklahoma used midazolam as the first part of cocktail, 100 milligrams, it’s not like this drug has never been used in lethal injections before.

 Florida uses it  already — 500 milligrams of midazolam goes into Florida’s lethal injection cocktail.  

See our earlier posts on the lethal cocktail issue, including:  

1.  Thomas Knight Execution Using Midazolam Hydrochloride: Will It Take Place? Florida Supreme Court Hearing Set for December 18.

2.  Florida Executions Continue With Untested Drug Combo as Darius Kimbrough Executed with Midazolam Hydrochloride

3.  Pentobarbital Shortage: Texas Supplier Asks for His Product Back; Florida Will Use New Drug Midazolam Hydrochloride in October 15 Execution

 

Terence Lenamon is known for his work in defending people who are facing capital punishment as prosecutors seek the death penalty in trying these people for serious crimes.  Much of Terry’s work is done in the "sentencing phase" of a death penalty case, where the defendant has been found guilty in the "trial phase" and now, the focus is upon whether or not he (or she) should be punished with death.

Of note, this week the United States Supreme Court handed down its opinion in an important case involving the sentencing phase of a criminal trial.

Coming out of Kentucky, the case involved defendant Robert Woodall, who did not testify in the sentencing phase of his trial.  His lawyer asked the trial judge to instruct the jury that the jurors should not assume anything bad from this – in lawyer-speak, he asked for a jury instruction that there should be no negative inference from the failure of the defendant to testify in the sentencing phase.

The Kentucky criminal trial judge declined the defense lawyer’s request and the Woodall jury was not instructed on this issue.  Woodall appealled this decision, and the 6th Circuit Court of Appeals held that the failure to give this jury instruction was unconstitutional — it violated the citizen’s right to remain silent.

On Tuesday, SCOTUS reversed the 6th Circuit.  It’s not unconstitutional, according to the High Court.

Explained Justice Scalia in the majority opinion (read White v. Woodall here): the state court didn’t act "unreasonably" so the federal court has to defer to Kentucky here.  

Three justices dissented, arguing that the Right to Remain Silent (5th Amendment) covers both the trial and sentencing phases of a criminal trial ….

So, according to the Supreme Court of the United States, if the defendant in the sentencing phase remains silent, then the jury can assume that’s a suggestion of his deserving to die?

In the Michel Escoto trial in Miami, Terence Lenamon has changed hats from being "standby counsel" for the defense as Escoto represented himself, to official defense counsel for defendant Michel Escoto.  

Terry Lenamon gave closing arguments for the defense in the case.  

For details, check out the Miami Herald coverage like this article by reporter David Ovalle, "Miami man planned new wife’s murder to collect $1 million in life insurance."

Also, stay tuned:  Terence Lenamon has been interviewed by national news media regarding this case and he will be seen in the Michel Escoto trial coverage by both Inside Edition and Dateline. 

Dates and times yet to be announced.

Update:  Today, the jury found Escoto guilty of murdering his newlywed wife, Wendy Trapaga.