|
Post by carolinem on Oct 24, 2007 19:53:37 GMT -5
11th Circuit blocks Alabama execution
October 24, 2007
A federal appeals court granted multiple-murderer Daniel Lee Siebert's request for a stay of execution, which was scheduled for Thursday at Holman Prison in Atmore.
MOBILE, Ala. (AP) - A federal appeals court granted multiple-murderer Daniel Lee Siebert's request for a stay of execution. Siebert had been scheduled for lethal injection Thursday at Holman Prison in Atmore. He claimed his cancer medication would counteract with a lethal injection, inflicting unnecessary pain.
A three-judge panel of the 11th U.S. Circuit Court of Appeals reversed a Montgomery district judge's order and granted the stay of execution.
Siebert, 53, has been on Alabama's death row for more than 20 years and has terminal pancreatic cancer.
|
|
|
Post by carolinem on Oct 24, 2007 19:57:37 GMT -5
11th Circuit blocks Alabama execution, cites Kentucky case
By GARRY MITCHELL Associated Press
MOBILE, Ala. — A federal appeals court today granted a stay of execution for Daniel Lee Siebert, a terminally ill killer who claimed that his cancer medication would counteract with a lethal injection, inflicting unnecessary pain.
In granting the stay, a three-judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta reversed an order by U.S. District Judge Mark Fuller in Montgomery.
In its brief order, the panel noted that Alabama has made a minor change to its execution protocol and that Siebert would be the first to experience that change. The panel said it halted the execution until the U.S. Supreme Court hears a lethal injection challenge from Kentucky.
After the Kentucky case is decided, the district court in Montgomery must reconsider its decision based on any guidance from the high court, the 11th Circuit ruled.
The state's attorney, Clay Crenshaw, said he will ask the full 11th Circuit to rehear the stay request. Siebert's attorney did not immediately return a phone message for comment.
Siebert, 53, who has been on Alabama's death row for more than 20 years and has terminal pancreatic cancer, was facing lethal injection Thursday at Holman prison near Atmore.
Siebert was condemned for the Feb. 19, 1986 strangulation deaths of Sherri Weathers, 24, and her two sons, 5-year-old Chad and 4-year-old Joey at their Talladega apartment. He was also convicted separately of capital murder and sentenced to death for the slaying of Linda Jarman, a neighbor of Weathers, who was killed the same night.
Siebert's case appeared headed for the U.S. Supreme Court, which already has agreed to hear a lethal injection challenge from Kentucky. Siebert's attorney, Thomas M. Goggans of Montgomery, also sought a delay until there's a ruling in the Kentucky case — a request opposed by the Alabama attorney general's office.
Crenshaw, an assistant attorney general and the state's capital punishment chief, told the 11th Circuit in a filing that Siebert's claim about his cancer medication possibly counteracting with a three-drug cocktail used in the execution was never supported by evidence.
Alabama ensures that the inmate is unconscious by administering a lethal dose of sodium thiopental, according to the court filing, and potassium chloride stops the heart.
Siebert argues the mix of drugs would likely result in an unacceptable risk of unnecessary pain in violation of the protections against cruel and unusual punishment found in the Eighth Amendment of the U.S. Constitution.
"Siebert's speculative Eighth Amendment claim pales in comparison to the interest the general public has in the orderly administration of justice," Crenshaw told the 11th Circuit. "Put simply, the public has an interest in seeing Siebert held accountable for his horrific crime."
Siebert's attorney submitted a letter from an oncologist, Dr. Jimmie Harvey of Birmingham, that says "complications could arise" from the drug combinations. Harvey speculates that Siebert could regurgitate his stomach contents during an execution and that he might have compromised veins. Crenshaw said Harvey's opinion should not be considered. There is no indication that he examined Siebert or that any of Siebert's extensive medical records support that conclusion, Crenshaw wrote.
Siebert's attorney also has challenged lethal injection as a form of punishment. The state contends Siebert exhausted his state and federal appeals on March 19 when the U.S. Supreme Court refused to hear his case. He filed the lethal injection challenge after that date, and the state claims he waited too late to file it.
Death penalty opponents had urged Gov. Bob Riley to delay the execution because Siebert has cancer and is only expected to live a few months, but Riley declined Monday.
The governor said the state should carry out the jury's wishes that Siebert die for murders that "were monstrous, brutal and ghastly."
Weathers was a student at the Alabama Institute for the Deaf and Blind in Talladega. Siebert had started dating her after he was offered a job in the institute's theater program as a set designer, according to court records. Siebert also was linked to other crimes inside and outside Alabama.
Alabama has revised its lethal injection protocol slightly since the U.S. Supreme Court agreed to hear a challenge to lethal injection in Kentucky — a ruling that could come next year and have nationwide impact.
Siebert's attorney contends Siebert should be granted a stay until the Kentucky case is heard. But Siebert doesn't qualify for a delay based on issues in the Kentucky challenge, Crenshaw told the 11th Circuit in his filing.
"Indeed, it is no different from any other eleventh-hour challenge to an execution. It is dilatory and it does not justify the granting of a stay of execution," the filing says.
|
|
|
Post by lxy on Nov 25, 2009 6:42:19 GMT -5
Jacob and Wilhelm Grimm.Ages ago,when God himself Íâó½¨Õ¾walked upon earth£¬ the ground's fertility was much GREater than it now is. At that time the ears did not return ÍâóÍøÕ¾½¨Éèfifty or sixty fold£¬ but rather four to five hundred fold. The kernels grew from the bottom to the top of the stalk. However long the stalk was,that was ½¨ÍâóÍøÕ¾also the length of the ear. But it is the way of humankind,that when they have a surplus they do not value the blessings that ÆÎÌïÍâóÍøÕ¾½¨Éècome from God£¬ but instead become indifferent and frivolous.One day a woman was walking along a grain field,and her little child£¬ who ÆóÒµ½¨Õ¾was jumping along beside her,fell into a puddle and got his clothes dirty. The mother tore off a handful of the beautiful ears of Ãâ·ÑÄ£°åÏÂÔØgrain and cleaned his clothes with them.the Lord was just then passing by,and when he saw her doing this£¬ he became angry and said,From this time forth the grain ½¨ÉèÍøÕ¾stalk shall bear no more ears of grain. Humans are not worthy of this heavenly gift.the bystanders who heard this were horrified,fell to their knees,and begged ÍøÒ³ÖÆ×÷him to leave at least something on the grain stalk,even if they did not deserve it,at least for the sake of the innocent chickens,who otherwise would starve to death.the Lord,foreseeing Êý¾Ý²É¼¯the misery that would come,took pity on them and granted their wish. Thus the ear at the top of the stalk remained,just as it grows today. So that every one can find on our company to win business on the Internet.
|
|