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| Trump administration carries out first federal execution since 2003 after late-night Supreme Court intervention | Trump administration carries out first federal execution since 2003 after late-night Supreme Court intervention |
| (32 minutes later) | |
| The Trump administration on Tuesday morning carried out the first federal execution since 2003, following a series of court battles and a Supreme Court order, released shortly after 2 a.m., clearing the way for the lethal injection to take place. | The Trump administration on Tuesday morning carried out the first federal execution since 2003, following a series of court battles and a Supreme Court order, released shortly after 2 a.m., clearing the way for the lethal injection to take place. |
| Federal officials executed Daniel Lewis Lee, who was convicted in 1999 of killing a family of three, at a penitentiary in Indiana. Lee was pronounced dead Tuesday morning at 8:07 a.m. | Federal officials executed Daniel Lewis Lee, who was convicted in 1999 of killing a family of three, at a penitentiary in Indiana. Lee was pronounced dead Tuesday morning at 8:07 a.m. |
| “I’ve made a lot of mistakes in my life but I’m not a murderer,” Lee said when asked if he wanted to make a final statement. “You’re killing an innocent man.” | |
| While the death penalty has been in nationwide decline for years, with executions and death sentences both down significantly, the Justice Department has publicly pushed against that trend for nearly a year. The department has argued in court and in public statements that it needed to carry out lawful sentences, citing the gravity of the crimes involved. | While the death penalty has been in nationwide decline for years, with executions and death sentences both down significantly, the Justice Department has publicly pushed against that trend for nearly a year. The department has argued in court and in public statements that it needed to carry out lawful sentences, citing the gravity of the crimes involved. |
| Last year, the department laid out a new lethal injection protocol — using one drug, pentobarbital — and said it would begin carrying out executions, leading to extended legal challenges. Attorney General William P. Barr had said recently that officials “owe it to the victims of these horrific crimes, and to the families left behind.” | Last year, the department laid out a new lethal injection protocol — using one drug, pentobarbital — and said it would begin carrying out executions, leading to extended legal challenges. Attorney General William P. Barr had said recently that officials “owe it to the victims of these horrific crimes, and to the families left behind.” |
| Supreme Court allows Justice Dept. to resume executions | Supreme Court allows Justice Dept. to resume executions |
| On Monday, Lee’s execution — originally scheduled for 4 p.m. that afternoon — was left on hold following a judge’s order that he and other death-row inmates could pursue their court case arguing that the new lethal-injection protocol is unconstitutional. | On Monday, Lee’s execution — originally scheduled for 4 p.m. that afternoon — was left on hold following a judge’s order that he and other death-row inmates could pursue their court case arguing that the new lethal-injection protocol is unconstitutional. |
| An appeals court said late Monday it would not let the executions take place as planned, but a divided Supreme Court weighed in overnight saying they could proceed. | An appeals court said late Monday it would not let the executions take place as planned, but a divided Supreme Court weighed in overnight saying they could proceed. |
| In an unsigned order, the court said the inmates face “an exceedingly high bar” to prove the execution protocol is unconstitutional and said they had “not made the showing required to justify last-minute intervention” by a federal judge. The order also noted that using the drug pentobarbital for executions was upheld by the high court last year, has withstood numerous appellate challenges and has been used more than 100 times “without incident.” | In an unsigned order, the court said the inmates face “an exceedingly high bar” to prove the execution protocol is unconstitutional and said they had “not made the showing required to justify last-minute intervention” by a federal judge. The order also noted that using the drug pentobarbital for executions was upheld by the high court last year, has withstood numerous appellate challenges and has been used more than 100 times “without incident.” |
| The court’s four liberal justices wrote two dissents. Justice Sonia Sotomayor, joined by Justices Ruth Bader Ginsburg and Elena Kagan, said the court was “hastily” ending the inmates’ challenges and said that as a result, there would “be no meaningful judicial review of the grave, fact-heavy challenges” they brought. Justice Stephen G. Breyer, joined by Ginsburg, reiterated his view that the court should examine whether the death penalty itself is unconstitutional. | The court’s four liberal justices wrote two dissents. Justice Sonia Sotomayor, joined by Justices Ruth Bader Ginsburg and Elena Kagan, said the court was “hastily” ending the inmates’ challenges and said that as a result, there would “be no meaningful judicial review of the grave, fact-heavy challenges” they brought. Justice Stephen G. Breyer, joined by Ginsburg, reiterated his view that the court should examine whether the death penalty itself is unconstitutional. |
| Appeals court says execution can proceed despite victims’ opposition | Appeals court says execution can proceed despite victims’ opposition |
| Lee had challenged his execution on his own and along with other death-row inmates. Relatives of victims in his case had also fought against his execution, asking that it be called off entirely or at least postponed due to the coronavirus pandemic, saying they would have to put their lives at risk to witness his death. | Lee had challenged his execution on his own and along with other death-row inmates. Relatives of victims in his case had also fought against his execution, asking that it be called off entirely or at least postponed due to the coronavirus pandemic, saying they would have to put their lives at risk to witness his death. |
| Lee and another man were convicted of murdering three people, including an 8-year-old, Sarah Powell, and Nancy Mueller, her mother. | Lee and another man were convicted of murdering three people, including an 8-year-old, Sarah Powell, and Nancy Mueller, her mother. |
| He and this other man, Chevie Kehoe, were part of a group intending to create a white supremacist community in the Pacific Northwest, and they traveled to Arkansas in 1996, where they robbed and murdered William Mueller, a firearms dealer, court records show. They also killed his wife and their daughter, placing plastic bags over their heads and throwing them into a bayou, the records show. | He and this other man, Chevie Kehoe, were part of a group intending to create a white supremacist community in the Pacific Northwest, and they traveled to Arkansas in 1996, where they robbed and murdered William Mueller, a firearms dealer, court records show. They also killed his wife and their daughter, placing plastic bags over their heads and throwing them into a bayou, the records show. |
| Three of their relatives opposed the execution, which was first scheduled to take place last year before being delayed several months by other court challenges. They say it was unfair Lee was given a death sentence while Kehoe, who officials described as the ringleader in the killings, was sentenced instead to life in prison, a position echoed later by the judge and lead prosecutor from the trial. | Three of their relatives opposed the execution, which was first scheduled to take place last year before being delayed several months by other court challenges. They say it was unfair Lee was given a death sentence while Kehoe, who officials described as the ringleader in the killings, was sentenced instead to life in prison, a position echoed later by the judge and lead prosecutor from the trial. |
| In a court case filed last week, the three relatives — Earlene Peterson, Nancy Mueller’s mother; Kimma Gurel, Mueller’s sister; and Monica Veillette, her niece — had asked that the execution be postponed. While they did not support the execution, the relatives said, they still felt obligated to attend. | In a court case filed last week, the three relatives — Earlene Peterson, Nancy Mueller’s mother; Kimma Gurel, Mueller’s sister; and Monica Veillette, her niece — had asked that the execution be postponed. While they did not support the execution, the relatives said, they still felt obligated to attend. |
| Judge blocks federal execution after victims’ relatives oppose it taking place during pandemic | Judge blocks federal execution after victims’ relatives oppose it taking place during pandemic |
| But all three said they have existing health issues, so they faced “grave risk” if they traveled during the pandemic and went to a federal prison. They asked that it be postponed so they did not have to choose between staying home or possibly risking infection. | But all three said they have existing health issues, so they faced “grave risk” if they traveled during the pandemic and went to a federal prison. They asked that it be postponed so they did not have to choose between staying home or possibly risking infection. |
| “No other family should have to make this decision … the families of victims should not be put in a position where they have to risk their lives or give up their right” as a witness, Veillette said in an interview. “That is not how we should be treating the families of victims in this country.” | “No other family should have to make this decision … the families of victims should not be put in a position where they have to risk their lives or give up their right” as a witness, Veillette said in an interview. “That is not how we should be treating the families of victims in this country.” |
| Lee’s execution had been put on hold and then cleared to proceed multiple times in recent days. A federal judge in Indiana last week blocked it from proceeding due to the relatives’ court challenge, while an appeals court panel on Sunday evening said it could take place. | Lee’s execution had been put on hold and then cleared to proceed multiple times in recent days. A federal judge in Indiana last week blocked it from proceeding due to the relatives’ court challenge, while an appeals court panel on Sunday evening said it could take place. |
| The relatives ultimately decided not to travel to Indiana because they had determined the health risks were too great. The appeals court’s ruling also came too late for them to travel as planned, they said. | The relatives ultimately decided not to travel to Indiana because they had determined the health risks were too great. The appeals court’s ruling also came too late for them to travel as planned, they said. |
| Then on Monday morning, a federal judge blocked the government from executing Lee or two other men scheduled to face lethal injection this week. 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. | Then on Monday morning, a federal judge blocked the government from executing Lee or two other men scheduled to face lethal injection this week. 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. |
| Most states have the death penalty. Few actually carry out executions. | Most states have the death penalty. Few actually carry out executions. |
| Purkey’s execution is scheduled for Wednesday, though another court has temporarily stayed it on other grounds, while Honken’s is scheduled for Friday. The Justice Department is also asking the Supreme Court to let Purkey’s execution proceed, but the court has not ruled on that yet. | Purkey’s execution is scheduled for Wednesday, though another court has temporarily stayed it on other grounds, while Honken’s is scheduled for Friday. The Justice Department is also asking the Supreme Court to let Purkey’s execution proceed, but the court has not ruled on that yet. |
| In a separate case, spiritual advisers for Purkey and Honken are seeking to have their executions delayed and arguing they face health risks if they minister during the pandemic. | In a separate case, spiritual advisers for Purkey and Honken are seeking to have their executions delayed and arguing they face health risks if they minister during the pandemic. |
| U.S. District Judge Tanya S. Chutkan of the District of Columbia wrote in an order Monday that she was blocking all of their executions, and another set for August, because it was necessary to let the inmates’ legal challenges to the government’s lethal-injection protocol play out in court. They had argued the lethal-injection method was unconstitutional, saying it amounted to cruel and unusual punishment. | U.S. District Judge Tanya S. Chutkan of the District of Columbia wrote in an order Monday that she was blocking all of their executions, and another set for August, because it was necessary to let the inmates’ legal challenges to the government’s lethal-injection protocol play out in court. They had argued the lethal-injection method was unconstitutional, saying it amounted to cruel and unusual punishment. |
| The Justice Department quickly appealed to the U.S. Court of Appeals for the D.C. Circuit and the Supreme Court. Late Monday night, hours after Lee’s execution was originally scheduled, the D.C. Circuit appeals court declined to let the lethal injections proceed and said the inmates’ challenges could move forward. | The Justice Department quickly appealed to the U.S. Court of Appeals for the D.C. Circuit and the Supreme Court. Late Monday night, hours after Lee’s execution was originally scheduled, the D.C. Circuit appeals court declined to let the lethal injections proceed and said the inmates’ challenges could move forward. |
| In its early morning orders on Tuesday, the Supreme Court also rejected a case brought to them by the relatives of victims in Lee’s case, seeking to have his execution postponed due to their coronavirus-related fears. The court denied that without comment. | In its early morning orders on Tuesday, the Supreme Court also rejected a case brought to them by the relatives of victims in Lee’s case, seeking to have his execution postponed due to their coronavirus-related fears. The court denied that without comment. |