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Court Clears Way for First Federal Execution in 17 Years to Proceed Court Clears Way for First Federal Execution in 17 Years to Proceed
(about 3 hours later)
WASHINGTON — The first federal inmate in 17 years is set to be put to death on Monday, barring a last-minute stay, after a federal appeals court ruled on Sunday that the Justice Department could carry out the execution as planned.WASHINGTON — The first federal inmate in 17 years is set to be put to death on Monday, barring a last-minute stay, after a federal appeals court ruled on Sunday that the Justice Department could carry out the execution as planned.
Daniel Lewis Lee, 47, was sentenced to death decades ago for his part in the 1996 murder of a family of three. Family members of Mr. Lee’s victims had sued the Justice Department, arguing that they could not safely travel to witness the execution because of the coronavirus. A federal judge in Indiana, where the execution will take place, suspended the plan late Friday, but the decision on Sunday by the United States Court of Appeals for the Seventh Circuit put it back on track.Daniel Lewis Lee, 47, was sentenced to death decades ago for his part in the 1996 murder of a family of three. Family members of Mr. Lee’s victims had sued the Justice Department, arguing that they could not safely travel to witness the execution because of the coronavirus. A federal judge in Indiana, where the execution will take place, suspended the plan late Friday, but the decision on Sunday by the United States Court of Appeals for the Seventh Circuit put it back on track.
The family plans to appeal to the Supreme Court, which would have to act before 4 p.m. Monday to stop the execution.The family plans to appeal to the Supreme Court, which would have to act before 4 p.m. Monday to stop the execution.
The Trump administration announced in July 2019 its campaign to bring back the federal death penalty from what had been a de facto moratorium. But legal challenges to the federal government’s proposed execution protocol delayed the procedures. Less than a month ago, the Justice Department renewed that push, scheduling four executions this summer, all of which were of inmates convicted of murdering children. Three, including Mr. Lee, are scheduled to die this week.The Trump administration announced in July 2019 its campaign to bring back the federal death penalty from what had been a de facto moratorium. But legal challenges to the federal government’s proposed execution protocol delayed the procedures. Less than a month ago, the Justice Department renewed that push, scheduling four executions this summer, all of which were of inmates convicted of murdering children. Three, including Mr. Lee, are scheduled to die this week.
Several family members of Mr. Lee’s victims — including those who had filed the lawsuit — have called for the Justice Department to commute his sentence to life in prison. But in the lawsuit filed last week, they argued that their pre-existing conditions, including congestive heart failure and asthma, made traveling hundreds of miles to attend the execution especially risky.Several family members of Mr. Lee’s victims — including those who had filed the lawsuit — have called for the Justice Department to commute his sentence to life in prison. But in the lawsuit filed last week, they argued that their pre-existing conditions, including congestive heart failure and asthma, made traveling hundreds of miles to attend the execution especially risky.
Not anticipating the court’s decision, two family members of the victims missed scheduled flights from Washington State on Sunday morning, when the stay was still in effect, said the family’s lawyer, Baker Kurrus. He said it was too difficult for Earlene Branch Peterson, 81, whose daughter and granddaughter were killed by Mr. Lee, to drive hundreds of miles to the execution from her home in Arkansas.Not anticipating the court’s decision, two family members of the victims missed scheduled flights from Washington State on Sunday morning, when the stay was still in effect, said the family’s lawyer, Baker Kurrus. He said it was too difficult for Earlene Branch Peterson, 81, whose daughter and granddaughter were killed by Mr. Lee, to drive hundreds of miles to the execution from her home in Arkansas.
“It’s very distressing to think that the U.S. government put its full power behind the idea that they need to hurry up and kill Danny Lee even though there hasn’t been an execution in 17 years — even though that rendered the rights of my clients illusory,” Mr. Kurrus said. “They’re stomping on the rights of victims of crimes.”“It’s very distressing to think that the U.S. government put its full power behind the idea that they need to hurry up and kill Danny Lee even though there hasn’t been an execution in 17 years — even though that rendered the rights of my clients illusory,” Mr. Kurrus said. “They’re stomping on the rights of victims of crimes.”
Diane S. Sykes, the appeals court’s chief judge, wrote in a ruling for the appeals panel that the family did not have a protected right to bear witness to Mr. Lee’s execution but rather only permitted to attend.Diane S. Sykes, the appeals court’s chief judge, wrote in a ruling for the appeals panel that the family did not have a protected right to bear witness to Mr. Lee’s execution but rather only permitted to attend.
The decision reversed the temporary injunction, issued on Friday by Chief Judge Jane E. Magnus-Stinson of the United States District Court for the Southern District of Indiana, an Obama appointee. The Seventh Circuit is among the most conservative appeals courts in the country, with only two Democratic presidential appointees among its 14 judges. President Trump has already appointed four judges to its bench.The decision reversed the temporary injunction, issued on Friday by Chief Judge Jane E. Magnus-Stinson of the United States District Court for the Southern District of Indiana, an Obama appointee. The Seventh Circuit is among the most conservative appeals courts in the country, with only two Democratic presidential appointees among its 14 judges. President Trump has already appointed four judges to its bench.
As the coronavirus spread, the federal penitentiary in Terre Haute, Ind., suspended all visits to the prison, even as the four men on death row learned that their executions had again been scheduled. After the Bureau of Prisons reopened visitation for their legal counsel last month, lawyers for the men worried that visiting their clients could expose them and their loved ones to the coronavirus. The lawyers argued that the pandemic prevented them from adequately defending their clients during a critical time in their cases.As the coronavirus spread, the federal penitentiary in Terre Haute, Ind., suspended all visits to the prison, even as the four men on death row learned that their executions had again been scheduled. After the Bureau of Prisons reopened visitation for their legal counsel last month, lawyers for the men worried that visiting their clients could expose them and their loved ones to the coronavirus. The lawyers argued that the pandemic prevented them from adequately defending their clients during a critical time in their cases.
Updated July 7, 2020
The coronavirus can stay aloft for hours in tiny droplets in stagnant air, infecting people as they inhale, mounting scientific evidence suggests. This risk is highest in crowded indoor spaces with poor ventilation, and may help explain super-spreading events reported in meatpacking plants, churches and restaurants. It’s unclear how often the virus is spread via these tiny droplets, or aerosols, compared with larger droplets that are expelled when a sick person coughs or sneezes, or transmitted through contact with contaminated surfaces, said Linsey Marr, an aerosol expert at Virginia Tech. Aerosols are released even when a person without symptoms exhales, talks or sings, according to Dr. Marr and more than 200 other experts, who have outlined the evidence in an open letter to the World Health Organization.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles.
A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.
The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.
The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
“There’s a resurgence in the pandemic,” said Ruth Friedman, Mr. Lee’s lawyer and the director of the Federal Capital Habeas Project. She added that the Justice Department “said they owe it to the victims, but I guess they don’t owe it to the victims” to ensure their health.“There’s a resurgence in the pandemic,” said Ruth Friedman, Mr. Lee’s lawyer and the director of the Federal Capital Habeas Project. She added that the Justice Department “said they owe it to the victims, but I guess they don’t owe it to the victims” to ensure their health.
According to the Bureau of Prisons, participants in Mr. Lee’s execution will be required to wear masks and have their temperatures checked.According to the Bureau of Prisons, participants in Mr. Lee’s execution will be required to wear masks and have their temperatures checked.
Spiritual advisers for the two other federal inmates scheduled to be executed this week have filed complaints similar to those by Mrs. Peterson and her family, arguing that pre-existing conditions put them at risk of contracting the virus if they attend. Their lawsuit is pending.Spiritual advisers for the two other federal inmates scheduled to be executed this week have filed complaints similar to those by Mrs. Peterson and her family, arguing that pre-existing conditions put them at risk of contracting the virus if they attend. Their lawsuit is pending.
According to a recent filing in the lawsuit, a Bureau of Prisons official at the Terre Haute penitentiary tested positive for the coronavirus last week after attending a meeting to plan for the executions and protests that might occur outside the facility. He also tended to an issue at the Special Confinement Unit, which houses the federal death row inmates. The bureau is in the process of contact tracing, the filing said, but the staff member did not come into contact with anyone who will conduct the executions or plan victim witness transportation and logistics.According to a recent filing in the lawsuit, a Bureau of Prisons official at the Terre Haute penitentiary tested positive for the coronavirus last week after attending a meeting to plan for the executions and protests that might occur outside the facility. He also tended to an issue at the Special Confinement Unit, which houses the federal death row inmates. The bureau is in the process of contact tracing, the filing said, but the staff member did not come into contact with anyone who will conduct the executions or plan victim witness transportation and logistics.
The bureau did not respond to a request for comment Sunday.The bureau did not respond to a request for comment Sunday.