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Lawyer for executed Oklahoma inmate calls for federal investigation Lawyer for executed Oklahoma inmate calls for federal investigation
(4 months later)
A lawyer for the Oklahoma inmate whose execution went awry last week has expressed scepticism of the state's official timeline and called for a federal investigation.A lawyer for the Oklahoma inmate whose execution went awry last week has expressed scepticism of the state's official timeline and called for a federal investigation.
David Autry, who represented Clayton Lockett for 11 years and witnessed his execution last Tuesday, said the US Department of Justice should lead an investigation into what went wrong during the execution, which lasted 43 minutes and ended with Lockett's apparent death by heart attack.David Autry, who represented Clayton Lockett for 11 years and witnessed his execution last Tuesday, said the US Department of Justice should lead an investigation into what went wrong during the execution, which lasted 43 minutes and ended with Lockett's apparent death by heart attack.
Autry expressed doubt about the independence of the man leading the state's investigation, public safety commissioner Michael C Thompson, an appointee of the governor and a former corrections employee.Autry expressed doubt about the independence of the man leading the state's investigation, public safety commissioner Michael C Thompson, an appointee of the governor and a former corrections employee.
"I note that [Thompson] was at the execution in his official capacity, making him both witness and judge of not only his own conduct, but his boss the governor's not inconsiderable contribution," Autry said."I note that [Thompson] was at the execution in his official capacity, making him both witness and judge of not only his own conduct, but his boss the governor's not inconsiderable contribution," Autry said.
Oklahoma governor Mary Fallin had challenged the authority of a panel of judges who temporarily stayed Lockett's execution and that of another inmate, Charles Warner. The court ordered the halt in order to consider the inmates' challenges over the constitutionality of the state's secrecy about its source of lethal-injection drugs, but backed down when challenged by the governor.Oklahoma governor Mary Fallin had challenged the authority of a panel of judges who temporarily stayed Lockett's execution and that of another inmate, Charles Warner. The court ordered the halt in order to consider the inmates' challenges over the constitutionality of the state's secrecy about its source of lethal-injection drugs, but backed down when challenged by the governor.
The state tried to kill Lockett for 16 minutes before drawing the blinds to the public witnesses. Before the blinds were drawn, Lockett writhed, groaned and tried to speak for three minutes. Officials say he died of a heart attack 43 minutes after the execution started.The state tried to kill Lockett for 16 minutes before drawing the blinds to the public witnesses. Before the blinds were drawn, Lockett writhed, groaned and tried to speak for three minutes. Officials say he died of a heart attack 43 minutes after the execution started.
Lawyers for Warner on Monday asked the Oklahoma criminal appeals court for a stay of execution of at least six months while the state investigates Lockett's death.Lawyers for Warner on Monday asked the Oklahoma criminal appeals court for a stay of execution of at least six months while the state investigates Lockett's death.
On an Oklahoma talk show, corrections director Robert Patton said he was "very comfortable" with Thompson completing the investigation.On an Oklahoma talk show, corrections director Robert Patton said he was "very comfortable" with Thompson completing the investigation.
Fallin, who ordered the state's investigation, said in a monthly column published on Monday that the attempt to execute Lockett "took too long", but that he nevertheless "had his day in court."Fallin, who ordered the state's investigation, said in a monthly column published on Monday that the attempt to execute Lockett "took too long", but that he nevertheless "had his day in court."
"The state lawfully carried out a sentence of death," she wrote. "Justice was served. It is my hope that Stephanie Neiman’s family and friends, as well as Lockett’s surviving victims, have found some measure of closure and peace."She added: "The people of Oklahoma do not have blood on their hands. They saw Clayton Lockett for what he was: evil. His execution means he will never again harm or terrorise another person.""The state lawfully carried out a sentence of death," she wrote. "Justice was served. It is my hope that Stephanie Neiman’s family and friends, as well as Lockett’s surviving victims, have found some measure of closure and peace."She added: "The people of Oklahoma do not have blood on their hands. They saw Clayton Lockett for what he was: evil. His execution means he will never again harm or terrorise another person."
President Barack Obama on Friday said he found the execution "deeply troubling" and that he had asked the attorney general, Eric Holder, to provide a review of the issues raised by it. President Barack Obama on Friday said he found the execution "deeply troubling" and that he had asked the attorney general, Eric Holder, to provide a review of the issues raised by it.
Seth Day, an attorney for Warner, whose execution is scheduled for 13 May, said a federal investigation was warranted. "It would take Obama ordering it," he said.Seth Day, an attorney for Warner, whose execution is scheduled for 13 May, said a federal investigation was warranted. "It would take Obama ordering it," he said.
The state's official timeline of Tuesday's events has no mention of Lockett's struggle to move and speak during the execution attempt. There is also no indication of what happened in the 10 minutes between the state calling off the execution and Lockett's death at 7.06pm.The state's official timeline of Tuesday's events has no mention of Lockett's struggle to move and speak during the execution attempt. There is also no indication of what happened in the 10 minutes between the state calling off the execution and Lockett's death at 7.06pm.
"The fact they omit from their timeline what everyone saw – Mr Lockett's agonised reactions to their botched execution attempt – is a futile effort to minimise the gravity of what occurred and indicates any internal, state investigation is going to be an unconvincing exercise in justifying or excusing their incompetence," Autry said."The fact they omit from their timeline what everyone saw – Mr Lockett's agonised reactions to their botched execution attempt – is a futile effort to minimise the gravity of what occurred and indicates any internal, state investigation is going to be an unconvincing exercise in justifying or excusing their incompetence," Autry said.
"They apparently are incapable of acknowledging the obvious, and that sets the tone for everything else.""They apparently are incapable of acknowledging the obvious, and that sets the tone for everything else."
Autry added: "The closing of the blinds, resulting in Mr Lockett dying in secrecy among state officials who had failed to competently fulfil their duties, exemplifies the lack of transparency that marked the entire process.”Autry added: "The closing of the blinds, resulting in Mr Lockett dying in secrecy among state officials who had failed to competently fulfil their duties, exemplifies the lack of transparency that marked the entire process.”
Lockett was convicted of kidnapping and shooting 19-year-old Stephanie Neiman, as part of a 1999 home invasion. Neiman survived the initial assault; Lockett ordered two accomplices to bury her alive. He also raped one of her friends. He was convicted in 2000 and sentenced to death. His accomplices are serving life sentences.Lockett was convicted of kidnapping and shooting 19-year-old Stephanie Neiman, as part of a 1999 home invasion. Neiman survived the initial assault; Lockett ordered two accomplices to bury her alive. He also raped one of her friends. He was convicted in 2000 and sentenced to death. His accomplices are serving life sentences.
In the case of Charles Warner a stay is "expected", according to the corrections website. Madeline Cohen, an attorney for Warner, said a stay was necessary in light of Lockett's execution.In the case of Charles Warner a stay is "expected", according to the corrections website. Madeline Cohen, an attorney for Warner, said a stay was necessary in light of Lockett's execution.
"The director of the DOC said last week that they have to undergo a thorough review of their protocols and retrain their staff," she said. "There is no confidence the DOC is capable of carrying out a humane execution right now. The department itself recognizes extensive revision and retraining is necessary.""The director of the DOC said last week that they have to undergo a thorough review of their protocols and retrain their staff," she said. "There is no confidence the DOC is capable of carrying out a humane execution right now. The department itself recognizes extensive revision and retraining is necessary."
Dean Sanderford, an attorney for Lockett, said the public witnesses should have been allowed to see Lockett's entire death.Dean Sanderford, an attorney for Lockett, said the public witnesses should have been allowed to see Lockett's entire death.
"They should never have done that [close the blinds]," he said."They should never have done that [close the blinds]," he said.
In and around the town of McAlester this weekend, where the state penitentiary is located, Oklahomans' reactions ranged from disgust about the execution to fierce declarations that Lockett did not suffer as much as his victim.In and around the town of McAlester this weekend, where the state penitentiary is located, Oklahomans' reactions ranged from disgust about the execution to fierce declarations that Lockett did not suffer as much as his victim.
Jackie Reich, 45, said she heard about the execution on the news. "All of us pretty much said the same thing: 'He deserved it,'" she said. "I wish it would have happened fast but, oh well."Jackie Reich, 45, said she heard about the execution on the news. "All of us pretty much said the same thing: 'He deserved it,'" she said. "I wish it would have happened fast but, oh well."
Sam Lovera, 57, said he thought a federal investigation was necessary. "I think it needs to be more transparent," Lovera said. "I think they're just trying to cover their own butt. They don't want people to know really what happened. I think people have the right to know."Sam Lovera, 57, said he thought a federal investigation was necessary. "I think it needs to be more transparent," Lovera said. "I think they're just trying to cover their own butt. They don't want people to know really what happened. I think people have the right to know."
Stacy Gutierrez, 36, was disturbed by the execution.Stacy Gutierrez, 36, was disturbed by the execution.
"I hope it wasn't intentional," she said. "That makes them just as bad, you know, as the crimes he was convicted for. I hear a lot of people say he got what he deserved, justice was served. No it wasn't. That's not cool.""I hope it wasn't intentional," she said. "That makes them just as bad, you know, as the crimes he was convicted for. I hear a lot of people say he got what he deserved, justice was served. No it wasn't. That's not cool."
Wayne Turner, 67, said he neither opposed or supported the death penalty.Wayne Turner, 67, said he neither opposed or supported the death penalty.
"Personally, I couldn't do it [execute someone]," he said. "In my own mind I couldn't live with it if I had done that. The good Lord tells us to turn the other cheek.""Personally, I couldn't do it [execute someone]," he said. "In my own mind I couldn't live with it if I had done that. The good Lord tells us to turn the other cheek."