Post by Anja Nieser on Sept 17, 2006 23:10:57 GMT -5
For 3rd Time, Hill Faces Death
24 years after the murder that brought Clarence Hill a death sentence,
he's again scheduled for execution on Wednesday and his appeal is again
winding its way through federal courts.
Gov. Jeb Bush set a new execution date for Hill last month. Hill's
remaining appeal, kicked back by the U.S. Supreme Court in June, is now
before the 11th Circuit U.S. Court of Appeals.
He faces death for the murder of Stephen Taylor, a Pensacola police
officer shot by Hill in the midst of a daytime bank robbery attempt in
1982.
It's the third time Hill has faced an execution date -- the 1st in 1989;
the 2nd, earlier this year.
Thus far, the result of Hill's appeal in court has been much the same as
it was back in January when the 43-year-old condemned man was cinched down
on a gurney with needles in his arm ready to deliver the deadly thingytail
of drugs that would kill him.
At the last moment, Supreme Court Justice Anthony Kennedy granted a stay.
Last week, U.S. District Judge Stephan Mickle dismissed Hill's request to
delay his execution and refused to conduct hearings on whether Florida's
execution methods are unconstitutional.
"Hill's emotionally laden arguments raise no new evidence," Mickle wrote
in a Thursday order that denied a rehearing on his earlier rejection of
Hill's motion for a stay.
In June, the U.S. Supreme Court ruled in Hill's favor and said lower
courts should consider as a civil rights claim his appeal that Florida's
way of delivering lethal injections could be cruel and unusual punishment.
It was a procedural decision that nonetheless gave Hill hope that he could
get a full hearing that delivery of a 3-drug thingytail that anesthetizes,
paralyzes and then stops the heart could cause him unconstitutional
suffering.
Death penalty opponents heralded the Supreme Court decision as a chance to
review Florida's lethal injection methods, as has taken place in
California and Missouri cases that are similar to Hill's.
But the federal district court continued last week to decide Hill's appeal
on legal grounds that haven't considered the merits of the argument that
lethal injection is cruel and unusual.
"The judge at the district court essentially didn't change anything (from
January) and simply refused to litigate the case," said Mark Elliott,
spokesman for Floridians for Alternatives to the Death Penalty.
Opponents also hoped the court's decision meant a moratorium on executions
for the 376 inmates on Florida's death row.
But when Bush renewed Hill's existing death warrant last month, that hope
ended. The courts rolled into action and, thus far, have gone the state's
way.
Elliott said a review of the state's methods are merited.
"Whenever elected officials say there's no problem, but don't look here,
that should raise red flags and the public should be looking there,"
Elliott said. "Our motto is 'In God We Trust,' not In Gov We Trust."
The state has argued that the Hill's argument does not offer any new
information from what's already been tried before in Florida and that Hill
has sought the review too late.
"He's complaining about the fact that you're going to execute me, without
really considering the complaint," said Carolyn Snurkowski, assistant
deputy attorney general for the state.
She said the Supreme Court decision meant only that Hill's appeal had to
be considered by the courts as a civil rights claim.
"There's no guarantee you get a stay, no guarantee of anything."
Hill's attorney, Todd Doss, said there is new material about the drugs
Florida uses to execute prisoners since the 2000 case that the courts have
said settled the issue.
Futhermore, Doss said, testimony offered in Missouri and California cases
has revealed relevant material that the anesthesia used in the executions
can fail to protect the condemned from excruciating pain.
Mickle has "never held a hearing to take any evidence, no discovery
whatsoever," Doss said. "Even absent a stay, we should be able to proceed
(with hearings)."
Doss and Snurkowski said they expect a decision from the federal appellate
court on Monday. Doss said that however that goes he expects the loser to
appeal to the U.S. Supreme Court.
But for now, Hill remains scheduled to die at 6 p.m. Wednesday at Florida
State Prison outside Starke.
(source: Penasacola News Journal)
24 years after the murder that brought Clarence Hill a death sentence,
he's again scheduled for execution on Wednesday and his appeal is again
winding its way through federal courts.
Gov. Jeb Bush set a new execution date for Hill last month. Hill's
remaining appeal, kicked back by the U.S. Supreme Court in June, is now
before the 11th Circuit U.S. Court of Appeals.
He faces death for the murder of Stephen Taylor, a Pensacola police
officer shot by Hill in the midst of a daytime bank robbery attempt in
1982.
It's the third time Hill has faced an execution date -- the 1st in 1989;
the 2nd, earlier this year.
Thus far, the result of Hill's appeal in court has been much the same as
it was back in January when the 43-year-old condemned man was cinched down
on a gurney with needles in his arm ready to deliver the deadly thingytail
of drugs that would kill him.
At the last moment, Supreme Court Justice Anthony Kennedy granted a stay.
Last week, U.S. District Judge Stephan Mickle dismissed Hill's request to
delay his execution and refused to conduct hearings on whether Florida's
execution methods are unconstitutional.
"Hill's emotionally laden arguments raise no new evidence," Mickle wrote
in a Thursday order that denied a rehearing on his earlier rejection of
Hill's motion for a stay.
In June, the U.S. Supreme Court ruled in Hill's favor and said lower
courts should consider as a civil rights claim his appeal that Florida's
way of delivering lethal injections could be cruel and unusual punishment.
It was a procedural decision that nonetheless gave Hill hope that he could
get a full hearing that delivery of a 3-drug thingytail that anesthetizes,
paralyzes and then stops the heart could cause him unconstitutional
suffering.
Death penalty opponents heralded the Supreme Court decision as a chance to
review Florida's lethal injection methods, as has taken place in
California and Missouri cases that are similar to Hill's.
But the federal district court continued last week to decide Hill's appeal
on legal grounds that haven't considered the merits of the argument that
lethal injection is cruel and unusual.
"The judge at the district court essentially didn't change anything (from
January) and simply refused to litigate the case," said Mark Elliott,
spokesman for Floridians for Alternatives to the Death Penalty.
Opponents also hoped the court's decision meant a moratorium on executions
for the 376 inmates on Florida's death row.
But when Bush renewed Hill's existing death warrant last month, that hope
ended. The courts rolled into action and, thus far, have gone the state's
way.
Elliott said a review of the state's methods are merited.
"Whenever elected officials say there's no problem, but don't look here,
that should raise red flags and the public should be looking there,"
Elliott said. "Our motto is 'In God We Trust,' not In Gov We Trust."
The state has argued that the Hill's argument does not offer any new
information from what's already been tried before in Florida and that Hill
has sought the review too late.
"He's complaining about the fact that you're going to execute me, without
really considering the complaint," said Carolyn Snurkowski, assistant
deputy attorney general for the state.
She said the Supreme Court decision meant only that Hill's appeal had to
be considered by the courts as a civil rights claim.
"There's no guarantee you get a stay, no guarantee of anything."
Hill's attorney, Todd Doss, said there is new material about the drugs
Florida uses to execute prisoners since the 2000 case that the courts have
said settled the issue.
Futhermore, Doss said, testimony offered in Missouri and California cases
has revealed relevant material that the anesthesia used in the executions
can fail to protect the condemned from excruciating pain.
Mickle has "never held a hearing to take any evidence, no discovery
whatsoever," Doss said. "Even absent a stay, we should be able to proceed
(with hearings)."
Doss and Snurkowski said they expect a decision from the federal appellate
court on Monday. Doss said that however that goes he expects the loser to
appeal to the U.S. Supreme Court.
But for now, Hill remains scheduled to die at 6 p.m. Wednesday at Florida
State Prison outside Starke.
(source: Penasacola News Journal)