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Daniel Lewis Lee: First US federal execution in 17 years to go ahead Daniel Lewis Lee: US judge delays first federal execution in 17 years
(about 8 hours later)
The first federal execution in the United States for more than 17 years is set to go ahead in Indiana on Monday following a ruling by an appeal court. A US judge has ordered the first federal execution in more than 17 years to be delayed, just hours before it was due to go ahead
Daniel Lewis Lee and an accomplice were convicted of killing three members of the same family in 1996. The judge issued an injunction on Monday, shortly before the lethal injection was scheduled in the state of Indiana.
Some of the victims' relatives oppose his execution and sought to have it delayed, saying attending it could expose them to coronavirus. Judge Tanya Chutkan said there were still unresolved legal challenges against the US Justice Department.
But the ruling means the execution by lethal injection will now proceed. Daniel Lewis Lee was convicted of killing a family in Arkansas in 1996.
The appeal court overturned a decision by a lower court that put the execution of 47-year-old Lee on hold, saying no federal statute or regulation gave the victims the right to attend the execution. Lee, who tortured and killed the family of three before dumping their bodies in a lake, had originally been scheduled for execution in December. His case was delayed after courts blocked the death sentence from being carried out.
In its ruling, the 7th Circuit Court of Appeals said the family's claim "lacks any arguable legal basis and is therefore frivolous". "The public is not served by short-circuiting legitimate judicial process," Judge Chutkan, of the district court in Washington DC, said on Monday.
The relatives are going to appeal to the Supreme Court. It will have to act before 16:00 Monday local time (20:00 GMT) to stop the execution, the New York Times reports. Four other federal executions were delayed because of the ruling, which allows further legal challenges against the government's lethal injection protocols to take place.
Lee, who tortured and killed a family of three before dumping their bodies in a lake, had originally been scheduled for execution in December. His case was delayed after the courts blocked the death sentence from being carried out. The justice department immediately appealed against the decision.
Earlene Peterson, 81, whose daughter, granddaughter and son-in-law were killed by Lee, has opposed the execution. What's the background?
She instead says she wants Lee to be given life in jail, the same sentence as Lee's accomplice. The execution of Lee - and the four others that were delayed - were all set to use an injection containing the drug pentobarbital.
"Yes, Daniel Lee damaged my life, but I can't believe taking his life is going to change any of that," Mrs Peterson said in a video statement last year. The inmates have argued that the drug violates their constitutional right not to have "cruel and unusual punishments inflicted", because it has allegedly caused additional medical problems in previous uses.
Lee's planned execution is one of four that had been scheduled for July and August. All four men are convicted of killing children. "The court... finds that the likely harm that plaintiffs would suffer if the court does not grant injunctive relief far outweighs any potential harm to defendants," Judge Chutkan said.
A lawyer for one of the four federal death-row inmates said in a statement on Monday: "The government has been trying to plough forward with these executions despite many unanswered questions about the legality of its new execution protocol."
The delay comes shortly after an appeals court ruled that the execution of Lee should go ahead.
Some of the victims' relatives oppose Lee's execution and had sought to have it delayed, arguing attending it could expose them to coronavirus.
But on Sunday, the 7th Circuit Court of Appeals said the relatives' case lacked "any arguable legal basis".
Earlene Peterson, 81, whose daughter, granddaughter and son-in-law were killed by Lee, has said she wants the 47-year-old to be given life in jail, the same sentence as his accomplice.
Why the change in rules on executions?Why the change in rules on executions?
The Trump administration said it would resume federal executions after a long hiatus last year.The Trump administration said it would resume federal executions after a long hiatus last year.
In a statement at the time, Attorney General William Barr said: "Under administrations of both parties, the Department of Justice has sought the death penalty against the worst criminals.In a statement at the time, Attorney General William Barr said: "Under administrations of both parties, the Department of Justice has sought the death penalty against the worst criminals.
"The Justice Department upholds the rule of law - and we owe it to the victims and their families to carry forward the sentence imposed by our justice system.""The Justice Department upholds the rule of law - and we owe it to the victims and their families to carry forward the sentence imposed by our justice system."
The move has been criticised as a political decision, with campaigners also expressing concern about cases being rushed.The move has been criticised as a political decision, with campaigners also expressing concern about cases being rushed.
The last inmate executed by the federal death penalty was Louis Jones Jr, a 53-year-old Gulf War veteran who murdered 19-year-old soldier Tracie Joy McBride.The last inmate executed by the federal death penalty was Louis Jones Jr, a 53-year-old Gulf War veteran who murdered 19-year-old soldier Tracie Joy McBride.
Federal and state executions - what's the difference?Federal and state executions - what's the difference?
Under the US justice system, crimes can be tried either in federal courts - at a national level - or state courts, at a regional level.Under the US justice system, crimes can be tried either in federal courts - at a national level - or state courts, at a regional level.
Certain crimes, such as counterfeiting currency or mail theft, are automatically tried at a federal level, as are cases in which the United States is a party or those which involve constitutional violations. Others can be tried in federal courts based on the severity of the crimes.Certain crimes, such as counterfeiting currency or mail theft, are automatically tried at a federal level, as are cases in which the United States is a party or those which involve constitutional violations. Others can be tried in federal courts based on the severity of the crimes.
The death penalty was outlawed at state and federal level by a 1972 Supreme Court decision that cancelled all existing death penalty statutes.The death penalty was outlawed at state and federal level by a 1972 Supreme Court decision that cancelled all existing death penalty statutes.
A 1976 Supreme Court decision allowed states to reinstate the death penalty and in 1988 the government passed legislation that made it available again at a federal level.A 1976 Supreme Court decision allowed states to reinstate the death penalty and in 1988 the government passed legislation that made it available again at a federal level.
According to data collected by the Death Penalty Information Center, 78 people were sentenced to death in federal cases between 1988 and 2018 but only three have since been executed. There are 62 inmates currently on federal death row.According to data collected by the Death Penalty Information Center, 78 people were sentenced to death in federal cases between 1988 and 2018 but only three have since been executed. There are 62 inmates currently on federal death row.