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Justice Dept. pushing to carry out second federal execution in as many days Justice Dept. pushing to carry out second federal execution in as many days
(32 minutes later)
A day after the Justice Department carried out the first federal execution in nearly two decades, authorities are seeking to conduct another. A day after the Justice Department carried out the first federal execution in nearly two decades, authorities are seeking to conduct another. 
Federal officials have scheduled Wesley Purkey, 68, to be executed by injection on Wednesday evening in Terre Haute, Ind. They are fighting multiple court battles to proceed with his execution, which has been blocked by two different courts. Federal officials have scheduled Wesley Purkey, 68, to be executed by injection on Wednesday evening in Terre Haute, Ind. They are fighting multiple legal battles to proceed with his execution, which has been blocked by two different courts and awaits Supreme Court orders that may determine whether it will proceed.
Purkey was convicted in 2003 of raping and murdering 16-year-old Jennifer Long. He killed Long in 1998, and that same year he also killed 80-year-old Mary Ruth Bales, court records show. Purkey was convicted in 2003 of raping and murdering 16-year-old Jennifer Long. He killed Long in 1998, and that same year he also killed 80-year-old Mary Ruth Bales, court records show. 
His execution is one of three the Justice Department scheduled for this week as it sought to resume carrying out federal death sentences for the first time since 2003. That effort has given way to an extensive tangle of court battles between the federal government and figures pushing to stop or delay the executions, including death-row inmates, their spiritual advisers and some victims’ relatives. His execution is one of three the Justice Department scheduled for this week as it sought to resume carrying out federal death sentences for the first time since 2003. That effort has given way to an extensive tangle of court battles between the federal government and figures pushing to stop or delay the executions, including death-row inmates, their spiritual advisers and some victims’ relatives. 
Trump administration carries out first federal execution since 2003Trump administration carries out first federal execution since 2003
Purkey’s scheduled execution has been no exception. On Wednesday morning, a federal judge blocked his execution on two fronts — in a case he brought alone and another where he joined with other death-row inmates. His execution has also been stayed by an appeals court in another case.Purkey’s scheduled execution has been no exception. On Wednesday morning, a federal judge blocked his execution on two fronts — in a case he brought alone and another where he joined with other death-row inmates. His execution has also been stayed by an appeals court in another case.
The Justice Department is appealing in all three cases. Purkey’s spiritual adviser has also gone to court seeking to postpone the execution, saying he could be at risk ministering to him amid the coronavirus pandemic.The Justice Department is appealing in all three cases. Purkey’s spiritual adviser has also gone to court seeking to postpone the execution, saying he could be at risk ministering to him amid the coronavirus pandemic.
The order on Wednesday blocking only Purkey’s execution was written by U.S. District Judge Tanya S. Chutkan of the District of Columbia, who said Purkey’s arguments that he is not competent to be executed require “a fair hearing.” The Justice Department quickly moved to appeal, as it did in a case where Chutkan blocked Purkey’s execution and two others so the death-row inmates’ challenges to the government’s execution protocol could continue.The order on Wednesday blocking only Purkey’s execution was written by U.S. District Judge Tanya S. Chutkan of the District of Columbia, who said Purkey’s arguments that he is not competent to be executed require “a fair hearing.” The Justice Department quickly moved to appeal, as it did in a case where Chutkan blocked Purkey’s execution and two others so the death-row inmates’ challenges to the government’s execution protocol could continue.
Chutkan has stood between the Justice Department and its plans for capital punishment before, blocking the execution schedule it laid out last year to let death-row inmates proceed with their challenges to its new lethal-injection protocol. An appeals court eventually ruled against those inmates in the case and said the executions could proceed. Chutkan has stood between the Justice Department and its plans for capital punishment before, blocking the execution schedule it laid out last year to let death-row inmates proceed with their challenges to its new lethal-injection protocol. An appeals court eventually ruled against those inmates in the case and said the executions could proceed. 
Supreme Court says Justice Dept. can proceed with executionsSupreme Court says Justice Dept. can proceed with executions
On Monday, hours before the department had scheduled its first federal execution in 17 years, Chutkan blocked it and other planned executions, saying it was necessary so other legal challenges mounted by the inmates could proceed in court. On Monday, hours before the department had scheduled its first federal execution in 17 years, Chutkan blocked it and other planned executions, saying it was necessary so other legal challenges mounted by the inmates could proceed in court. 
The Justice Department took issue with Chutkan’s order in that case, writing in a court filing that her “last-minute, day-of-execution injunction is inappropriate” and admonishing her for both the timing and substance of her decision. The Justice Department took issue with Chutkan’s order in that case, writing in a court filing that her “last-minute, day-of-execution injunction is inappropriate” and admonishing her for both the timing and substance of her decision. 
Chutkan’s order Monday blocked the execution of Daniel Lewis Lee, along with Purkey’s and the Friday execution set for Dustin Lee Honken, who was convicted of killing five people in 2004. A fourth execution in August was also blocked.Chutkan’s order Monday blocked the execution of Daniel Lewis Lee, along with Purkey’s and the Friday execution set for Dustin Lee Honken, who was convicted of killing five people in 2004. A fourth execution in August was also blocked.
The Supreme Court sided with the government, issuing an unsigned  5-to-4 order shortly after 2 a.m. Tuesday saying the executions could proceed.  The Supreme Court sided with the government, issuing an unsigned 5-to-4 order shortly after 2 a.m. Tuesday saying the executions could proceed. 
Hours later, the Justice Department executed Lee, who was convicted of murder in 1999 for his role in killing a family of three, including an 8-year-old girl. His execution was opposed by some of the victims’ relatives, including the girl’s grandmother, and they fought against it being scheduled during the pandemic.Hours later, the Justice Department executed Lee, who was convicted of murder in 1999 for his role in killing a family of three, including an 8-year-old girl. His execution was opposed by some of the victims’ relatives, including the girl’s grandmother, and they fought against it being scheduled during the pandemic.
Appeals court says federal execution can proceed despite victims’ relatives oppositionAppeals court says federal execution can proceed despite victims’ relatives opposition
In her order Wednesday in Purkey’s case, Chutkan nodded to the department’s criticism of her timing with the earlier order, writing that her “sole responsibility” is to address claims brought by inmates with execution dates “announced by the government only one month before they were to occur.” In her order Wednesday in Purkey’s case, Chutkan nodded to the department’s criticism of her timing with the earlier order, writing that her “sole responsibility” is to address claims brought by inmates with execution dates “announced by the government only one month before they were to occur.” 
“The speed with which the government seeks to carry out these executions, and the Supreme Court’s prioritization of that pace over additional legal process, makes it considerably more likely that injunctions may issue at the last minute, despite the efforts of Plaintiffs’ counsel to raise, and the court to adjudicate, the claims in a timely fashion,” she wrote. “The speed with which the government seeks to carry out these executions, and the Supreme Court’s prioritization of that pace over additional legal process, makes it considerably more likely that injunctions may issue at the last minute, despite the efforts of Plaintiffs’ counsel to raise, and the court to adjudicate, the claims in a timely fashion,” she wrote. 
A spokesman for the Justice Department declined to comment on her order beyond its filings.A spokesman for the Justice Department declined to comment on her order beyond its filings.
Rebecca Woodman, an attorney for Purkey, praised the order, describing him as a “severely brain-damaged and mentally ill man who suffers from advanced Alzheimer’s disease and dementia” who took responsibility for the crime but no longer comprehends why the government plans to execute him. Rebecca Woodman, an attorney for Purkey, praised the order, describing him as a “severely brain-damaged and mentally ill man who suffers from advanced Alzheimer’s disease and dementia” who took responsibility for the crime but no longer comprehends why the government plans to execute him. 
In another case, an appeals court has stayed Purkey’s execution after he argued he was improperly served by his counsel in the past. In another case, an appeals court has stayed Purkey’s execution after he argued he was improperly served by his counsel in the past. 
Victims’ relatives, spiritual advisers seek to delay federal executionsVictims’ relatives, spiritual advisers seek to delay federal executions
A three-judge panel of the U.S. Court of Appeals for the 7th Circuit rejected his case but granted “a brief stay to permit the orderly conclusion of the proceedings,” saying Purkey had still made points worth exploring.A three-judge panel of the U.S. Court of Appeals for the 7th Circuit rejected his case but granted “a brief stay to permit the orderly conclusion of the proceedings,” saying Purkey had still made points worth exploring.
Its decision, earlier this month, temporarily blocked his Wednesday execution date “pending the completion of proceedings” in the circuit court. Its decision, earlier this month, temporarily blocked his Wednesday execution date “pending the completion of proceedings” in the circuit court. 
The Justice Department asked the Supreme Court to vacate that stay, saying the panel had granted it despite Purkey failing to show he could succeed in pressing his case. Purkey’s attorneys objected, saying that “absent a stay, Mr. Purkey will be executed without any court ever having heard his substantial claims of ineffective assistance of trial counsel.” The Justice Department asked the Supreme Court to vacate that stay, saying the panel had granted it despite Purkey failing to show he could succeed in pressing his case. Purkey’s attorneys objected, saying that “absent a stay, Mr. Purkey will be executed without any court ever having heard his substantial claims of ineffective assistance of trial counsel.” 
Purkey’s execution was originally scheduled for Wednesday at 4 p.m. In a filing, a Justice Department attorney said that due to the two injunctions the same day blocking his execution and the government’s resulting appeals, the execution would begin no earlier than 7 p.m.Purkey’s execution was originally scheduled for Wednesday at 4 p.m. In a filing, a Justice Department attorney said that due to the two injunctions the same day blocking his execution and the government’s resulting appeals, the execution would begin no earlier than 7 p.m.
Another case still pending was filed by Rev. Seigen Hartkemeyer, a 68-year-old Buddhist priest and spiritual adviser to Purkey. Joined by Mark O’Keefe, a Roman Catholic priest and Honken’s spiritual adviser, Hartkemeyer has argued against the lethal injection occurring during the pandemic, saying it puts him at risk.Another case still pending was filed by Rev. Seigen Hartkemeyer, a 68-year-old Buddhist priest and spiritual adviser to Purkey. Joined by Mark O’Keefe, a Roman Catholic priest and Honken’s spiritual adviser, Hartkemeyer has argued against the lethal injection occurring during the pandemic, saying it puts him at risk.
Hartkemeyer wrote in court filings that he was left to “decide whether to risk his own life in order to exercise his religious obligations to be present.” The Justice Department has argued Hartkemeyer and O’Keefe would be provided safety measures, including protective equipment.Hartkemeyer wrote in court filings that he was left to “decide whether to risk his own life in order to exercise his religious obligations to be present.” The Justice Department has argued Hartkemeyer and O’Keefe would be provided safety measures, including protective equipment.
The department said that while Hartkemeyer is Purkey’s religious adviser, he “is nonetheless a bystander” in the government’s efforts to carry out a sentence and “cannot halt that process merely because of the ‘indirect burden’ that the schedule imposes on his decision whether to attend the execution.” The department said that while Hartkemeyer is Purkey’s religious adviser, he “is nonetheless a bystander” in the government’s efforts to carry out a sentence and “cannot halt that process merely because of the ‘indirect burden’ that the schedule imposes on his decision whether to attend the execution.” 
On Tuesday morning, a federal judge in Indiana denied their request to stay the execution. They quickly moved to appeal it.On Tuesday morning, a federal judge in Indiana denied their request to stay the execution. They quickly moved to appeal it.