Two Executions

[This entry is mainly about two executions, one which was the subject of a final SCOTUS order. I tossed in a couple more orders of limited note in the discussion.]

Marion Bowman's execution last week had some concerns, but the bottom line appeared to be about someone who committed a horrible murder and deserved a long prison sentence. He served it before being executed. The execution was largely pointless.

He claimed innocence. It does not seem to be one of those cases where there is a serious concern that a truly innocent person was executed. That is, it did not receive much attention.  Maybe there is some grounds for reasonable doubt. I'm not saying there is but capital punishment should have a higher test. 

The essay does provide some evidence for those who argue there is grounds for innocence, at least, for the specific crime he was given the death penalty for. 

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The two executions this week are also not likely to cause many people much concern. Steven Nelson's best argument was that he only helped murder a young pastor during a robbery. There is an allegation his race was wrongly used to judge his future dangerousness.

OTOH, sounds a bit like a harmless error in his case, if it ever could be. Nelson has a violent history and was no choirboy in prison. Early on, he took part in the murder of an inmate. Texas sentenced him to death in 2012. The time lag is as things go not long. 

He did manage to find someone to marry him on death row. I will try not to be cynical about true love. She spoke about people finding him "not guilty enough." 

That's not too convincing though confining him in prison is likely the best option. He helped kill someone in there early on. So, yes, we are approaching close to the pure anti-capital punishment position. Since so many few places execute (though more countries than you might think have it on their books), the special cases manage to be handled. 

The Supreme Court without comment (as usual) rejected a final request for a stay. The issues raised included competency of counsel, how his "future dangerous" (used to determine capital punishment), and the types of appeals worthy of SCOTUS review. 

Justice Sotomayor again cited the usual conceit about how courts are special since they explain themselves. Sure, Jan. She herself separately lifted an administrative stay. Without saying why.  Likewise, a split decision regarding pausing cases with the change of administrations? Not explained. 

It is appreciated that judges provide opinions in a small number of cases. Even there, other branches provide explanations in multiple cases, including reports that explain the purpose of bills. 

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Alabama does have a long-time lag to explain for Demetrius Frazier (1990s). A complication here was that he also committed crimes in Michigan, which is not a death penalty state. He was sentenced to life there but eventually was sent to Alabama. 

[As usual, see Breyer's dissent here.]

His lawyers (and mothers) tried to convince them to take him back, but Michigan doesn't want him. The net result is that Michigan is de facto helping to execute him. Again, we can see why:

In Michigan, he was sentenced to life imprisonment for charges of armed robbery, criminal sexual misconduct, felony firearms possession, and felony murder. At the time of his arrest in Michigan, he confessed to the crimes against Brown.

Yes, if we want to think "worst of the worst," a serial rapist/murderer, who committed crimes in at least two states, is more likely than most to fit. An attempt to call out the alleged problems with the use of nitrogen gas failed. The ask was not too big:

Frazier’s attorneys urged the judge to block the execution unless the state makes changes to its protocol, such as giving the inmate the same sedative used at the start of lethal injections before the gas begins flowing.

Frazier is a dangerous person who was correctly separated from the rest of society. Nonetheless, I am not sure what value it is to execute him after thirty years. Yes, few will be crying that he is gone. 

No final SCOTUS order this time. He was executed by nitrogen gas. Will other states follow? 

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The two executions were discussed here and here.