Execution Watch: Ray Jefferson Cromartie (Alive)

Ruben Gutierrez's execution on 10/30 was held up by state courts. He has an innocence claim.

Ray Jefferson Cromartie also has an innocence claim and even chose not to seek clemency to help promote it.  The trial court earlier this month rejected a motion for DNA testing and set a period for him to be executed, the span perhaps in place to avoid last minute delays from running out the clock temporarily as happened once this year when the Supreme Court (covered in a past entry) failed to decide in time:

Georgia has issued a death warrant scheduling the execution of Ray Jefferson Cromartie for the seven-day period between October 30 and November 6. The trial court recently denied Cromartie’s motion to permit DNA testing of physical evidence in the case and issued the death warrant before he could obtain review of that ruling by the Georgia Supreme Court. Cromartie’s lawyers argue that the witnesses against Cromartie have recanted their testimony or had motive to lie and that DNA testing will show that he was not the shooter.

In "what about the victim" news, the victim's daughter supports the testing: “Today I learned that the State has set a date to execute Mr. Cromartie without doing any testing. This is wrong, and I hope that you will take action to make sure that the testing happens.” The usual "damn abolitionists don't give a shit about the victims" types will ignore this sort of thing, which arises in some cases.  Some families of the accused have members who do not want people executed.  Repeatedly, there is a split opinion.

Cromartie was found to have been involved in a robbery a few days before the one involved here, but the person shot survived. There is no clear videotape evidence he was the shooter, but the video shows someone who looks like him and other evidence is present including him bragging about it.  Such is also the case with the robbery/murder that led to him being sentenced to die.  The government argue that the DNA evidence he seeks would not be enough to get him off.  Part of the evidence includes testimony of two people involved, a driver and someone with him at the time of the shooting, both who served time and now have been released.

A few days before the execution is scheduled, we given the menu of his last meal: "steak, lobster, macaroni and cheese, cube steak, rice and gravy, steak and cheese sandwich, double cheeseburger, fries, side of ranch dressing, strawberry milkshake and layered cake with white."  Texas ended this practice back in 2011.  I recall someone wanted to donate it to the homeless or something. There is a certain triviality to it though also sort of a basic respect of the humanity of the person sentenced to die.

To check the boxes, the issue of extended time on death row arises here since he was convicted over twenty years ago.  As to the innocence claim, from what I can tell, it is weak.  I'm not sure why the DNA motion cannot be fulfilled all the same -- such evidence will often not be enough to determine things.  But, a broad degree of care should be provided to fulfill the appearance of due process. Ultimately, why should a basic robbery/homicide that does not appear to be particularly heinous warrant the death penalty?  The whole thing was a horrid waste (the two couldn't even open the cash register and stole beer) but violent crime tends to be. A long prison sentence fit the crime.

Oh well. I tweeted that he was scheduled to die today but then found out an hour earlier that his execution was stayed. The controversy is if the execution warrant was authorized given he had an appeal pending. The briefing is due next week and by then we might have another execution. One is scheduled next week in South Dakota, which also uses an open-ended warrant here that lasts a week. Sunday seems an curious day to execute so maybe it won't actually occur on my birthday.

This seems like something that will be handled so maybe this post will be cited, perhaps in passing if he is executed next year.