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| Judge blocks Justice Dept. from resuming federal executions as court battles mount | Judge blocks Justice Dept. from resuming federal executions as court battles mount |
| (about 3 hours later) | |
| A judge on Monday blocked the Justice Department from resuming federal executions as planned this week, setting up a new front in the myriad legal challenges to the Trump administration’s push to start carrying out capital punishment after a nearly two-decade hiatus. | A judge on Monday blocked the Justice Department from resuming federal executions as planned this week, setting up a new front in the myriad legal challenges to the Trump administration’s push to start carrying out capital punishment after a nearly two-decade hiatus. |
| The Justice Department’s plan to carry out the first federal executions since 2003 has led to numerous court battles between the government and death-row inmates, their spiritual advisers and even relatives of victims in one case. | The Justice Department’s plan to carry out the first federal executions since 2003 has led to numerous court battles between the government and death-row inmates, their spiritual advisers and even relatives of victims in one case. |
| In an order Monday, U.S. District Judge Tanya S. Chutkan of the District of Columbia wrote that she was blocking the Justice Department from executing inmates as scheduled — including three set to take place this week, beginning with one Monday afternoon — saying it was necessary to let their legal challenges to the government’s lethal-injection protocol play out in court. | |
| Appeals court says execution can proceed despite victims’ relatives opposing it during pandemic | Appeals court says execution can proceed despite victims’ relatives opposing it during pandemic |
| Chutkan wrote that “the public interest is not served by executing individuals before they have had the opportunity to avail themselves of the legal process to challenge the legality of their executions.” | |
| An attorney for the death-row inmates praised the decision. The Justice Department quickly appealed it, both to the circuit court and to the Supreme Court, asking them to lift the stay. | |
| In one filing, the department said extensive preparations were underway for the execution and Chutkan’s order served “to scramble those plans with a meritless injunction.” A spokesman for the department declined to comment on her order beyond its court filings. | |
| Chutkan’s order came after she also blocked the Justice Department last year from resuming executions in December as it had intended, ruling on separate grounds relating to the lethal-injection protocol. Earlier this year, a panel of the U.S. Court of Appeals for the D.C. Circuit said the executions could proceed, and the Supreme Court declined to take up a challenge last month. | Chutkan’s order came after she also blocked the Justice Department last year from resuming executions in December as it had intended, ruling on separate grounds relating to the lethal-injection protocol. Earlier this year, a panel of the U.S. Court of Appeals for the D.C. Circuit said the executions could proceed, and the Supreme Court declined to take up a challenge last month. |
| The Justice Department has repeatedly defended its plans to resume executions by citing the need to carry out lawful death sentences and emphasizing the impact on victims and their loved ones. In recent days, though, the department has also fought in court against relatives of victims in the first case with a scheduled execution. | The Justice Department has repeatedly defended its plans to resume executions by citing the need to carry out lawful death sentences and emphasizing the impact on victims and their loved ones. In recent days, though, the department has also fought in court against relatives of victims in the first case with a scheduled execution. |
| Federal officials scheduled Daniel Lewis Lee’s lethal injection for Monday afternoon at a federal penitentiary in Indiana. Lee and another man were convicted in 1999 of murdering a family of three — including an 8-year-old, Sarah Powell, and Nancy Mueller, her mother. | Federal officials scheduled Daniel Lewis Lee’s lethal injection for Monday afternoon at a federal penitentiary in Indiana. Lee and another man were convicted in 1999 of murdering a family of three — including an 8-year-old, Sarah Powell, and Nancy Mueller, her mother. |
| Also scheduled to be executed this week were Wesley Purkey, who was convicted in 2003 of raping and murdering Jennifer Long, a teenage girl, and Dustin Lee Honken, who was convicted in 2004 of killing five people, including two young girls. | Also scheduled to be executed this week were Wesley Purkey, who was convicted in 2003 of raping and murdering Jennifer Long, a teenage girl, and Dustin Lee Honken, who was convicted in 2004 of killing five people, including two young girls. |
| Lee and the other man, Chevie Kehoe, were part of a group that intended to create a white supremacist community in the Pacific Northwest, according to court records. They traveled to Arkansas in 1996 and robbed and murdered William Mueller, a firearms dealer, as well as his wife and their daughter, sealing plastic bags over their heads before throwing them into a bayou, the records show. | Lee and the other man, Chevie Kehoe, were part of a group that intended to create a white supremacist community in the Pacific Northwest, according to court records. They traveled to Arkansas in 1996 and robbed and murdered William Mueller, a firearms dealer, as well as his wife and their daughter, sealing plastic bags over their heads before throwing them into a bayou, the records show. |
| Federal judge sides with victims opposing execution during pandemic | Federal judge sides with victims opposing execution during pandemic |
| In a statement last month scheduling Lee’s execution and three others for this summer, Attorney General William P. Barr said: “We owe it to the victims of these horrific crimes, and to the families left behind, to carry forward the sentence imposed by our justice system.” | In a statement last month scheduling Lee’s execution and three others for this summer, Attorney General William P. Barr said: “We owe it to the victims of these horrific crimes, and to the families left behind, to carry forward the sentence imposed by our justice system.” |
| Some of those family members left behind have spoken out against both Lee’s death sentence and the timing of his execution amid the coronavirus outbreak. | Some of those family members left behind have spoken out against both Lee’s death sentence and the timing of his execution amid the coronavirus outbreak. |
| Three of Nancy Mueller’s relatives — including Earlene Peterson, her mother; Kimma Gurel, her sister; and Monica Veillette, her niece — went to court last week seeking to have Lee’s execution delayed. They said scheduling it during the pandemic forced them to choose between not attending it at all or traveling to the federal prison in Indiana to bear witness, which would “put their own lives at great risk.” | Three of Nancy Mueller’s relatives — including Earlene Peterson, her mother; Kimma Gurel, her sister; and Monica Veillette, her niece — went to court last week seeking to have Lee’s execution delayed. They said scheduling it during the pandemic forced them to choose between not attending it at all or traveling to the federal prison in Indiana to bear witness, which would “put their own lives at great risk.” |
| All three have health issues, they said, and were at a particular risk if they contracted the virus while traveling or going inside a prison. | All three have health issues, they said, and were at a particular risk if they contracted the virus while traveling or going inside a prison. |
| “What is happening now is very illogical,” Gurel said in an interview over the weekend. “They shouldn’t be doing these executions during a pandemic and expecting us to travel. It is our right to be there and experience this ending, whatever it ends up being. It is our right to be there. And now we have to choose whether to use that right or risk our lives.” | “What is happening now is very illogical,” Gurel said in an interview over the weekend. “They shouldn’t be doing these executions during a pandemic and expecting us to travel. It is our right to be there and experience this ending, whatever it ends up being. It is our right to be there. And now we have to choose whether to use that right or risk our lives.” |
| The Justice Department wrote in court filings that it took their perspectives “seriously, in accordance with their terrible loss and distinctive perspective” but said it was not required to factor in “the availability and travel preferences of those attending the execution when scheduling it.” The department also described efforts it was making to protect the relatives and other witnesses, including providing protective equipment. | The Justice Department wrote in court filings that it took their perspectives “seriously, in accordance with their terrible loss and distinctive perspective” but said it was not required to factor in “the availability and travel preferences of those attending the execution when scheduling it.” The department also described efforts it was making to protect the relatives and other witnesses, including providing protective equipment. |
| Trump administration can resume executions, but not yet, divided appeals court rules | Trump administration can resume executions, but not yet, divided appeals court rules |
| A federal judge last week blocked Lee’s execution, siding with the relatives in their case, but a three-judge panel of the U.S. Court of Appeals for the 7th Circuit lifted that injunction on Sunday evening, saying “they have no statutory or regulatory right to attend the execution.” The three relatives appealed to the Supreme Court on Monday. | A federal judge last week blocked Lee’s execution, siding with the relatives in their case, but a three-judge panel of the U.S. Court of Appeals for the 7th Circuit lifted that injunction on Sunday evening, saying “they have no statutory or regulatory right to attend the execution.” The three relatives appealed to the Supreme Court on Monday. |
| They oppose Lee’s execution taking place at all, arguing that it is unfair Lee was sentenced to death while Kehoe was given a life sentence. Kehoe is held at a high-security penitentiary in Colorado, prison records show. | They oppose Lee’s execution taking place at all, arguing that it is unfair Lee was sentenced to death while Kehoe was given a life sentence. Kehoe is held at a high-security penitentiary in Colorado, prison records show. |
| “We’ve never advocated for Daniel Lee getting out of prison completely,” Veillette said in the interview. “But we have consistently said we want this sentence to be fair.” | “We’ve never advocated for Daniel Lee getting out of prison completely,” Veillette said in the interview. “But we have consistently said we want this sentence to be fair.” |
| Both the federal judge who presided over the trial and the lead prosecutor have also spoken out against Lee’s death sentence, writing letters years later saying that Kehoe was the leader and Lee his follower. The judge wrote that “justice was not served in this particular case, solely with regard to the sentence of death imposed on Daniel Lewis Lee.” | Both the federal judge who presided over the trial and the lead prosecutor have also spoken out against Lee’s death sentence, writing letters years later saying that Kehoe was the leader and Lee his follower. The judge wrote that “justice was not served in this particular case, solely with regard to the sentence of death imposed on Daniel Lewis Lee.” |
| But the relatives said they still felt obligated to attend his potential execution. | But the relatives said they still felt obligated to attend his potential execution. |
| “It’s certainly not something I want to watch,” Veillette said. “But I think for me, when something is being done in our family’s name or my name . . . the least I can do is bear witness to it and be present and have a voice saying, ‘This is not being done in my name.’ ” | “It’s certainly not something I want to watch,” Veillette said. “But I think for me, when something is being done in our family’s name or my name . . . the least I can do is bear witness to it and be present and have a voice saying, ‘This is not being done in my name.’ ” |
| After the appeals court said Sunday the execution could proceed, Veillette said that she, her mother and grandmother had decided not to attend, given the health risks. She also said that by the time the appeals court’s order came down saying the execution could occur the next day, it was too late for them to travel as initially planned. | After the appeals court said Sunday the execution could proceed, Veillette said that she, her mother and grandmother had decided not to attend, given the health risks. She also said that by the time the appeals court’s order came down saying the execution could occur the next day, it was too late for them to travel as initially planned. |
| Lee had initially faced a December 2019 execution date, but that and others were blocked by the court challenges over the lethal-injection protocol. Barr had announced the protocol in July 2019 when he unveiled the department’s plans to resume executions. | Lee had initially faced a December 2019 execution date, but that and others were blocked by the court challenges over the lethal-injection protocol. Barr had announced the protocol in July 2019 when he unveiled the department’s plans to resume executions. |
| The Justice Department’s push to restart executions marked a break with national trends in the death penalty, which is largely handled on the state level. The overwhelming majority of death-row inmates are held by states, and nearly all executions in the modern era have been carried out by state officials. | The Justice Department’s push to restart executions marked a break with national trends in the death penalty, which is largely handled on the state level. The overwhelming majority of death-row inmates are held by states, and nearly all executions in the modern era have been carried out by state officials. |
| Most states have the death penalty. Few actually carry out executions | Most states have the death penalty. Few actually carry out executions |
| Since the Justice Department last carried out an execution in 2003, the landscape around capital punishment has also shifted. Executions and death sentences have both declined significantly, public support for capital punishment has fallen and more states have abolished the practice entirely. State have struggled to obtain drugs, with pharmaceutical firms opposing the use of their products to carry out death sentences, in some cases going to court to fight against it. | Since the Justice Department last carried out an execution in 2003, the landscape around capital punishment has also shifted. Executions and death sentences have both declined significantly, public support for capital punishment has fallen and more states have abolished the practice entirely. State have struggled to obtain drugs, with pharmaceutical firms opposing the use of their products to carry out death sentences, in some cases going to court to fight against it. |
| Other court challenges also remain for the executions scheduled to take place later this week. On Wednesday, federal officials had planned to execute Purkey. That execution has already been temporarily stayed by an appeals court, which the Justice Department is challenging at the Supreme Court. | Other court challenges also remain for the executions scheduled to take place later this week. On Wednesday, federal officials had planned to execute Purkey. That execution has already been temporarily stayed by an appeals court, which the Justice Department is challenging at the Supreme Court. |
| Mental health organizations have called for Purkey’s execution to be called off, saying he “lives with schizophrenia, dementia and Alzheimer’s disease” and should be sentenced instead to life in prison without parole. | Mental health organizations have called for Purkey’s execution to be called off, saying he “lives with schizophrenia, dementia and Alzheimer’s disease” and should be sentenced instead to life in prison without parole. |
| The Rev. Seigen Hartkemeyer, a 68-year-old Buddhist priest and spiritual adviser to Purkey, has also gone to court asking that the execution be delayed. Hartkemeyer wrote in court filings that due to the coronavirus, his health could be endangered if he attends, so he is being forced to “decide whether to risk his own life in order to exercise his religious obligations to be present.” | The Rev. Seigen Hartkemeyer, a 68-year-old Buddhist priest and spiritual adviser to Purkey, has also gone to court asking that the execution be delayed. Hartkemeyer wrote in court filings that due to the coronavirus, his health could be endangered if he attends, so he is being forced to “decide whether to risk his own life in order to exercise his religious obligations to be present.” |
| Mark O’Keefe, a Roman Catholic priest, joined that case and made a similar argument, saying he is the spiritual adviser for Honken, who is scheduled to be executed Friday. O’Keefe has said the government is burdening his exercise of religion. | Mark O’Keefe, a Roman Catholic priest, joined that case and made a similar argument, saying he is the spiritual adviser for Honken, who is scheduled to be executed Friday. O’Keefe has said the government is burdening his exercise of religion. |
| The Justice Department has pushed back against their arguments, saying they are not being forced to attend the executions and will be provided with protective equipment to wear if they go to the prison. It has also compared his potential attendance to priests visiting coronavirus-stricken patients in hospitals. | The Justice Department has pushed back against their arguments, saying they are not being forced to attend the executions and will be provided with protective equipment to wear if they go to the prison. It has also compared his potential attendance to priests visiting coronavirus-stricken patients in hospitals. |
| “Any risks he accepts by choosing to attend Mr. Honken’s execution are the result of Father O’Keefe’s own choice, not the Government’s coercion,” the department wrote in response, adding later: “Despite the pandemic, the Government still must carry out its important duties.” | “Any risks he accepts by choosing to attend Mr. Honken’s execution are the result of Father O’Keefe’s own choice, not the Government’s coercion,” the department wrote in response, adding later: “Despite the pandemic, the Government still must carry out its important duties.” |