Execution Watch: Mark Soliz

Subject and codefendant knocked on the victim's door and pulled a 9 millimeter handgun when she answered. They pushed her inside the house and removed several electronics. Before leaving the residence, the subject shot the victim once in the back of the head causing her death.

The discussion of the case also provides more details of other crimes, the two taking part in extended crime spree, including at least one other murder, if not the one he was sentenced to die for committing.  His codefendant received LWOP via a plea deal, it looks like it was determined he had less of a role in some of the crimes.  Both were around thirty at the time of the crimes involved here. Neither is forty yet -- so as things go, this has gone quickly [if you want an "ideal" smoothly run appeals process, the whole thing is going to take over five years, probably; this has taken less than ten so far].  So, no "too young" (21 or younger) or "too old" (the last person was executed about 65) issues.  If anything, ironically, one can argue that another a decade in prison is too easy but then too long gets you into the too long on death row train.  The unhappy medium. Or, judgment calls.

The case also has the usual (each person is different but over my life I have also found there is a lot of overlap generally) depressing details. Per one account: "The jury also heard about Soliz's rough childhood, surrounded by drugs and poverty. He saw his aunt stabbed to death when he was young and started breaking into parking meters when he was 9 or 10."  The strongest argument is summarized at one of those links too:

Since the trial, Soliz's counsel has argued that fetal alcohol spectrum disorder renders him mentally unfit for execution under the U.S. Supreme Court's holding in Atkins v. Virginia. Soliz now argues, as did Johnson, that recent changes to the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM-5) make his diagnosis the "'functional equivalent' of conditions already recognized as disqualifying exemptions to the death penalty."

Looks like another borderline case, mixed with the general idea that the class of people usually involved here are screwed up in some fashion.  Multiple people in our small sample size this year during this process had some issue that  made the execution problematic. More than once, it was a matter of the process itself -- e.g., the whole non-Christian minister at the execution controversy or the protocol used.  Likewise, more than once it just was a matter of execution itself being problematic.

This appears to fit into that category.  The execution process on some level seems be running smoothly.  It hasn't been too extended (some might think so) really or dealing with someone real old/young.  It is not some blatant case of possible innocence or something.  It doesn't really seem that unjust that he was sentenced to die though maybe his guilt really wasn't much more than his co-defendant here.  Yes, it wasn't in that special subset of truly horrible murders (involving children or some sort of lingering death) but it wasn't just a single robbery/murder either.  Still, bottom line, what does one more execution over many others with similar or worse details give us?  To me "the lottery" issue repeatedly stands out.  It seems so arbitrary with the general sentiment being that the specific person does not have the individual guilt to deserve being chosen.  Likewise, the public value of it all is dubious, the rare special case (murder in prison etc.) rarely arising. And, more than once even they have issues.

The argument here might be valid -- when "life" is involved in due process matters, when the government is doing the depriving in a calculated way with ready alternatives -- there is a high test with even small doubts making the whole process to be illegitimate.  But, though this might fit into a special category that the US Supreme Court determined deserves extra concern, his case probably is close enough that there are various others as worthy of not being executed.  And, the system is bad, even "good" cases only helping to bring on more troubling ones  Anyway, this is the second of three from Texas this month and more from there to come. Texas: capital punishment central.

On Twitter, a reporter told me that after losing at the 5CA, he did not appeal to SCOTUS. Basically, the procedural bar Sotomayor referenced last week probably made that seem a waste of time though it is not like various other cases had much more of a shot. But, at least one person did decide to avoid that as well this year so he is not alone.  His final words:  "I am going with a humble heart. I made wrong decisions but, I forgave myself."  That's nice. Not sure who else forgave him. Take what you can. 

[Upon reflection, I think it would be a good idea if there was an automatic final appeal in these cases. The state does not have the authority to do things just because people wish them to do so, so a total waiver of appeals in death penalty cases is problematic.  Not the case here -- did a docket search and his name did come up regarding earlier appeals.  But, there does seem to be value in one final safeguard before the state in a premeditated way takes a life.  This in part because things do pop up later.]

His execution occurred without apparent incident. (I recall one account this year where someone executed said something as it occurred that suggests there was some pain.  But, not aware of one of the recent executions being somehow botched. Might have been -- part of the problem here is that you might not know.  Doing a search, last reported botch was last year.)