Missouri Executes David Hosier

Missouri does not plan to let a recent serious health event stop plans to execute sixty-nine-year-old David Hosier.

Hosier had an affair with a married woman. She then went back to her husband. The pair were murdered with a submachine gun. 

Court documents say Oklahoma authorities allegedly found 15 firearms in Hosier’s vehicle after his capture, along with a bulletproof vest and a crowbar. She received a protective order and received threatening messages from him. He claims innocence but it looks rather bad.

The murders took place in 2009. A fifteen-year lag time (COVID likely helping delay things) might be notable in other countries. It is relatively normal in this one. I would still cite Breyer's Glossip v. Gross dissent on the constitutional concerns of a long delay. 

A past execution also involved the set fee procedure in Missouri, which could inhibit a good defense. I do not know if this influenced matters here. The usual kitchen sink procedural claims were rejected in the lower courts. 

My biggest concern is prosecutorial discretion. The firepower does concern me. It suggests a higher degree of dangerousness. 

On the other hand, the accounts do not suggest he had a criminal history. His policeman father was murdered in the line of duty when Hosier was a teenager. He later served in the Navy. It is unclear what drove him personally to decide a woman going back to her husband warranted this.

The whole thing appears to be a personal crime that is akin to many other non-capital defendants. The crime warrants a long prison sentence. 

No final SCOTUS appeals. He opposed a failed clemency appeal focusing on his father dying. He stayed with the "I'm innocent" line. Innocence is a favored movie plotline. A few times there are grounds to be concerned. I don't think there is many grounds to think this is one of them. 

The Rev. Jeff Hood, Hosier's spiritual adviser, said he is "accepting his fate, and his faith. I think he feels like he's stood up for himself and gained a lot of dignity in the process."

Missouri executed him.