[WCADP-list] What does it all mean? A legal update on the death penalty in WA State

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Dear Friends,

 

The following report comes to us from long-time abolitionist, defense
attorney and WACDP supporter - Mark Larrinaga.

 

 

 

 

Mr. Cal Brown was scheduled to be executed by the hands of the state on
Friday, March 6th at 12:01 a.m.  Attempting to halt the execution, Mr.
Brown's attorneys filed various pleadings with the Washington State Supreme
Court, Thurston County Superior Court, Federal District Court, as well as
with the Clemency Board.  In the Washington State Supreme Court, Mr. Brown
filed a Personal Restraint Petition (PRP) seeking to stay the scheduled
execution.  The PRP primarily raised two issues: 

 

1.  That executing Mr. Brown would be arbitrary and cruel punishment under
Washington's Constitution since death sentence have been imposed in
Washington in less than one percent of the cases for which such punishment
is available; and

 

2.  Executing Mr. Brown, who is severely mentally ill, and whose untreated
mental illness was a significant contributing factor to the offense to which
the state is seeking to execute him for, would violate the "evolving
standards of decency" and Washington's prohibition against cruel punishment.


 

Simultaneously, a civil suit was filed Thurston County to join the current
lethal injection litigation in Stenson v. Vail.  This lawsuit challenges the
inhumane method of lethal injection.  Additionally, it also raises the issue
of whether the Department of Corrections (DOC) can prescribe, distribute,
and/or maintain prescriptive medications without a proper prescription.  The
prosecutors sought to move the court to the Federal District Court of
Eastern Washington.  The case was eventually moved to Federal District Court
of Western Washington.  That judge then sent it back to Thurston County
because the lethal injection claims primarily rested on State grounds;
however, the Federal District Judge indicated it might reconsider the stay
depending on the State Court's decision.  Mr. Brown argued to the Thurston
County court to stay the execution since the issues raised were similar to
the issues raised in Stenson v. Vail, which the Thurston County court found
to be a material issue, scheduled discovery dates and set a May, 2009 trial
date.  In essence, Mr. Brown argued that a stay was warranted at least until
the issues surrounding lethal injection could be determined (i.e. presumably
at the May, 2009 hearing).  The Thurston County judge denied the request,
citing that although a material issue existed and there was significant harm
to Mr. Brown (i.e. execution), the likelihood of success on the issues were
slim and thus did not outweigh the harm.  Mr. Brown's attorneys then sought
emergency review of that decision to the Washington State Supreme Court.
The Washington State Supreme Court, in a 5 - 4 decision, granted a stay
pending the Thurston County lawsuit.

 

Mr. Brown also filed with the Clemency Board a petition for clemency and/or
a reprieve.  This petition argued that, at a minimum, many of the issues
raised in the PRP, as well as the unresolved lethal injection claim,
warranted either clemency or a reprieve until these issues could thoroughly
considered.  The Board is not a final arbiter, but rather provides
recommendations to the Governor.  The Board was split 2- 2.  Because the
Washington State Supreme Court issued the stay, the Governor did not have to
act.

 

It is currently unclear how the lethal injections claim will resolve.
Discovery, including depositions, into the protocols and procedures are
still taking place.  It is probably safe to presume that an appeal will
follow regardless of the trial court's decision.  It is also unknown how
immediate the Washington State Supreme Court will want to review and decide
these issues.

 

Because the Washington State Supreme Court did not decide Mr. Brown's PRP on
the merits - it refused to review the issues because of a procedural bar
(i.e., were not timely) - there remains hope that the issues and data
supporting the claim that Washington's death penalty is arbitrary, cruel,
and violates the evolving standards of decency can be raised in other cases.
The Washington State Supreme Court will ultimately be faced with these
issues in an appeal and will not be able to skirt them under a procedural
bar.  

 

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The Washington Coalition to Abolish the Death Penalty

It's easy to support the death penalty when you don't have all the facts.

P.O. Box 3045

Seattle, WA 98114-3045

phone (206) 622-8952

fax (206) 622-2016

 <blocked::http://www.abolishdeathpenalty.org/> www.abolishdeathpenalty.org

 

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