On this date in 2003, the state of Oklahoma executed Scott Hain for a Tulsa carjacking that netted $565 and two dead bodies.
The Hain that was strapped down on the gurney that evening was a 32-year-old with a nebbishy middle manager look, high forehead pursuing his hairline to the scalp’s horizon where it had drawn up a wilting rearguard picket fringing an egg-bald pate.
But back in 1987 when he stuffed Laura Lee Sanders and Michael Houghton into the boot of their own car and set it ablaze, Scott Hain was 17 years, 4 months, and 4 days of age.
American jurisprudence through the ages has regularly compassed the execution of minors, sometimes astonishinglyyoung ones. But come the late 20th century the still-ongoing execution of a few men (they were all men) for crimes they had committed when still only boys was a deeply contentious subplot of the death penalty drama.
Because of the protracted judicial processes, there was no longer any question at this point of boosting wispy teenagers into electric chairs as South Carolina had done in 1944. The Scott Hains of the world were grown men by the time they died: grown up on death row.
They were, to be sure, nearly men when they killed as well.
The prevailing jurisprudence at this point was the 1989 Supreme Court decision Stanford v. Kentucky, which set the minimum age for death penalty eligibility at 16.*
And so 17- and even sometimes 16-year-old offenders not considered equal to adult responsibility** in most other spheres of life continued to face the executioner through the 1990s and into the 21st century, a period when the death penalty itself picked up steam.
This became an increasingly awkward situation. For one thing, it placed the United States internationally among a very small handful of countries with unsavory human rights records. Maybe it was a matter of the raw numbers; on the day Stanford came down, the United States had executed only 114 people in its “modern” era, and just three of them were juvenile offenders. For the 1990s, there would be an average of 48 executions every single year, and (again on average) one of those would be a juvenile offender.
But even as the numbers grew, only 20 of the 38 death penalty states permitted such executions, and only three states — Virginia, Texas, and Hain’s Oklahoma — actually conducted any such executions at all after 1993.
Foes argued over those years that the diminishing scope of the juvenile death penalty reflected an emerging national consensus against it — which could in turn be held to create a constitutional prohibition under the 8th Amendment’s proscription of “cruel and unusual punishment.”
Most of the death-sentenced juveniles made similar arguments in the course of their appeals, hoping to be the case that would catch the conscience of the court. Hain’s appellate team made this argument, too. It didn’t take, like it didn’t for any of the others who tried it.
Except, it was taking. Those evolving standards of decency were about to evolve right past a tipping point: in 2004, the justices accepted a new case from Missouri that placed the juvenile death penalty question before it once more.
The nine-member high court’s inconstant swing vote Anthony Kennedy — who had once upon a time (call it a youthful indiscretion) voted with the majority in Stanford to permit juvenile executions — wrote the resulting 2005 decision Roper v. Simmons, barring the execution of juvenile offenders in the United States.†
Scott Hain remains the last person executed in the United States for a crime committed in his childhood.
* The bright-line court ruling was necessary because states had indeed death-sentenced even younger teenagers. For example, Paula Cooper was condemned to death by an Indiana jury for a murder committed at age 15; her sentence was commuted to a prison term, and she was eventually released in 2013. The victim’s grandson, Bill Pelke, notably supported Cooper and has become a leading anti-death penalty activist in the intervening years.
** The notion of age 18 as the age of majority predominates worldwide, but is of course as arbitrary as any other, and has not been the threshold selected in all times and places. The Austrian empire declined to execute Gavrilo Princip for assassinating Archduke Ferdinand in 1914 and precipitating World War I because it could not establish that he had reached the age of 20 when he did so.
† Among the notable cases affected was that of Lee Boyd Malvo, the underaged collaborator of Beltway sniperJohn Muhammad. Malvo was being considered for capital charges in Virginia at the time Roper came down.
Munaf Abdul Rahim al-Rawi, in a 2010 interrogation
Such cooperation didn’t come with any assurance for safety of his own. After the operations his intelligence made possible, al-Rawi went on trial for his life. “One of the investigators said a death sentence is waiting for me,” he told a reporter nonchalantly. “I told him, ‘It is normal.’”
The hangings were Iraq’s 19th, 20th, 21st, and 22nd of the year.
On April 1, 2013, Saudi Arabia beheaded Abdul Rahman Al Qah’tani in Riyadh. He “shot dead Saleh Moutared following a dispute.”
Pakistani Parvez Ghulam, convicted of strangling a Kuwaiti couple in 2006.
Saudi Faisal Dhawi Al-Otaibi, who stabbed a friend to death.
A stateless Arab Bedouin, Dhaher (or Thaher) al-Oteibi, who killed his wife and children and claimed to be the long-awaited twelfth imam. One imagines there was conceivably some mental instability there.
Kuwait employed the gallows with some regularity, with 72 hangings from the death penalty’s introduction in 1964 up until 2007. At that point, it ceased carrying out executions without any public explanation, though it has never ceased handing down death sentences.
This date’s resumption of hangings did not play at subtlety: media invitations resulted in a harvest of gallows photography. (See below.)
“We have begun executing death sentences as criminality and brutality have increased in our community, and the court issues sentences for serious crimes on a daily basis,” Kuwaiti prosecutor Mohammad Al-Duaij said in announcing the hangings. “These executions should eliminate the increasing number of crimes and be a deterrent.”
He added, ominously, that the other 48 people then on Kuwaiti death row had had their cases submitted to the emir for approval.
(Thanks to John S. Carbone of Alienists Compendium. Dr. Carbone is also the Director of Mental Health Services and Chief of Forensic Psychiatry for the North Carolina prison system.)
On this date in 2001, Willie ‘Ervin’ Fisher, aged 39, was put to death by lethal injection at North Carolina’s Central Prison in Raleigh.
His was a forgettable if lamentable crime were it not for the changes to the state’s administrative code that his passing — nay, his post-mortem travels — effected.
Fisher at first invoked that time-tested excuse of addling by drugs and alcohol as exculpation for the slaying of April 2nd 1992.
He admitted from the time of arrest to the murder of Angela Johnson, his on-again, off-again girlfriend, during a domestic altercation that was witnessed by many as it spilled outside to a parking lot for its finale by knife and broken broomstick.
Interestingly, Fisher had no prior felony arrests, and when he was deemed able to have formed the specific intent necessary for first-degree murder, that other time-tested excuse — ineffective counsel — was raised with equal futility. Throughout, however, prison officials described him as a ‘model prisoner’ on death row, one who received nary a single disciplinary charge in the decade he was incarcerated. And though he later abandoned the pretense of chemical sway and accepted full personal responsibility in a videotaped appeal for clemency to the governor, his pleas fell on deaf ears.
Fisher gave a brief last statement on the evening of his demise, and was pronounced dead after 9:00 p.m. His earthly remains were then transported across town to the medical examiners’ office.
But that wasn’t the end of the story.
The decedent’s sister, Sally Fisher, was at that time the deputy registrar of vital records for the Forsyth County (NC) Health Department, and as such was familiar with then-existing rules pertaining to the handling and transportation of dead bodies. Ms Fisher later recounted that “I just got up that [next] morning and said, ‘we might as well [bring] Ervin home’…. I just wanted to be close to him for a while.”
So Ms Fisher, her sister, and her niece piled in the latter’s SUV and drove to Raleigh at 6:00 a.m. on the 10th to claim the corpse. At first, the medical examiner balked at releasing the body thusly, but Ms. Fisher was versed in statute and code, and after a number of frantic phone calls for guidance, the ME had no choice but to turn Fisher’s remains over to his family.
Then, with the help of an employee of the ME’s office, the four struggled to wedge Fisher’s by-then-stiff corpus into the back of the SUV. Fisher had to be placed recumbent as he wouldn’t sit up straight. Ms. Fisher and her sister got in the back seat and talked with the departed while the niece drove the 100 miles west on Interstate 40 to Winston-Salem and the family residence.
Though it was only early March, Fisher’s family turned on the air conditioning inside the SUV — to the highest setting.
En route, they stopped at least once for sodas and to make phone calls to family and friends to let them know that Fisher was headed home, and that everyone should come to visit upon his arrival. There was a brief and impromptu reunion of sorts held in the front yard when the travelers reached the family’s residence. This was followed by a meandering drive around town to visit old haunts (pun fully intended) before eventually reaching the funeral parlor.
Word traveled fast, and it wasn’t many hours before a local television station in Winston-Salem had called the warden at Central Prison for comment regarding the inmate of whom he had overseen the execution mere hours before who was nevertheless now cruising out west with crowds forming to wave at him.
Some said that the family fetched Fisher to save expenses. The Department of Correction, though, was authorized to provide up to $300 to indigents for burial costs if a letter were received from a funeral home … and no such letter had been received. Ms. Fisher herself later said that money had nothing to do with the decision. “To me, it was … closure. For ten years, I was talking to him through glass and couldn’t touch him. That was my brother. He was the baby…. Bringing him back home helped me out.”
And in what may be Ervin Fisher’s lasting legacy, it is now mandated by amended state administrative code that only a hearse from a licensed funeral home can take possession of the dead at the medical examiner’s office.
“He got my sister pregnant three times,” the killer complained to the court.
He did indeed manage to kill Belal Al-Kohali during weekly prayers … along with five other people who died on the spot, and four more besides them mortally wounded who later succumbed to their injuries.
When I killed people I had a desire. This inspired me to kill more. I don’t care whether they deserve to live or not. It is none of my concern…I have no desire to be part of society. Society is not my concern.
On this date in 2004, China executed one of its most prolific serial killers ever.
Yang Xinhai was an impoverished migrant worker with previous theft and rape convictions already to his name when he commenced his infamous spree in 1999.
Over the ensuing four years the so-called “Monster Killer” amassed 67 murders and 23 rapes via terrifyingly bold home invasions: he would break into rural occupied rural dwellings under cover of darkness wielding a heavy iron hammer or similar slasher-villain melee weapon, and then just go to town.
“He didn’t leave survivors, and more than a few families were exterminated by his hand,” one newspaper report described. (In fact, about five people are known to have survived Yang’s various attacks.)
The last of his slayings — eight people in two different attacks in Hebei Province villages — occurred a bare six months before Yang himself caught a bullet to the back of his end. A routine police stop in November 2003 made him a little too shifty and prompted beat cops to detain him. Almost immediately the diabolical character of their new capture spilled out.
Yang himself didn’t see the point in resisting the inevitable. He provided a full confession, didn’t bother to defend himself in an hour-long trial on February 1, 2004, and declined to mount any sort of appeal to prevent his swift execution 13 days after that.
A 37-second security camera clip of a Tehran being mugged by machete-wielding assailants went viral to great outrage in Iran in December 2012, and resulted in the very speedy execution on January 20, 2013, of the culprits.
Alireza Mafiha and Mohammad Ali Sorouri were publicly hanged at a still-dark 6:30 a.m. before a crowd of about 300 people for Moharebeh (waging war against God)
One year ago today, 57-year-old Zhang Yongming was executed in China, just six months after a court in the province of Yunnan convicted him of murder. Zhang, a farmer, was modern China’s answer to Fritz Haarmann: authorities believe he killed young men and boys, cannibalized parts of their bodies and sold the leftover flesh at the village market.
Convicted of eleven murders, he’s suspected of six more.
When young people started disappearing in the neighborhood, the police initially assumed they’d been kidnapped and sold for slave labor, a sad situation that’s all too common in present-day China.
Witnesses reported that Yongming began selling meat at the local market, which he had never done before, after 1997. The meat, which he sold as ostrich meat, was cured and dried.
When police finally searched Yongming’s house, they found strips of human flesh that were hung up to dry around his house. He kept dozens of human eyeballs preserved in alcohol in bottles, which police said looked like “snake wine.” Investigators said Yongming likely fed human remains to his dogs. In a nearby vegetable garden, police found bones believed to be human.
This wasn’t the first time Zhang had faced the death penalty, either: in 1979, he was convicted of murder and sentenced to death, but the sentence was reduced and he was released from prison in 1997. The government even helped him get back on his feet by giving him a bit of land and a monthly allowance.
But Zhang simply couldn’t stay on the straight and narrow: by the spring of 2008, he’d started killing again, and the murders didn’t stop until his arrest four years later.
Following his conviction in July 2012, he confessed to his crimes and didn’t bother to file any appeals. He reportedly showed no remorse and didn’t offer any apologies for his victims’ families or any explanation for his conduct.
A year ago today, a blindfolded, white-clad Rizana Nafeek had her head chopped off in public in Dawadmy, near the Saudi capital of Riyadh.
Rizana Nafeek, a Sri Lankan, was among the numerous foreign laborers routinely imported to Saudi Arabia for domestic work. There are an estimated 1.5 million migrant domestic workers in Saudi Arabia from South Asia (especially Sri Lanka), Nepal, Indonesia, East Africa, and the Philippines. Most are employed via the kafala (“sponsorship”) system that places their host in an almost lord-like position of authority.
Such workers are excluded from Saudi Arabia’s labor protections, and as a result stand vulnerable to horrifying abuse.* Household heads often confiscate these workers’ passports, and in some cases have subjected their domestic employees to rape, horrifying physical abuse, wage confiscation, and work weeks of 100-plus hours. One Sri Lankan woman had nails driven into her hands when she complained about overwork.
Rizana Nafeek hardly had time to find out whether any of these perquisites were in store for her. Not long after she arrived in Saudi Arabia in 2005 hoping to make enough money as a domestic drudge to move her impoverished family into a house, she had bottle-feeding duties for her host family’s infant foisted upon her. Nafeek had no training in caring for infants.
In May 2005, child child began choking while in Rizana’s care, and her panicked shouts summoned the mother. By the time the mother arrived, the infant had fallen unconscious, and the upset family immediately handed over their maid to the police, accusing her of strangling the baby.
This was the victim for whom Nafeek was decapitated, and also perhaps an illustration of tunnel vision in law enforcement. It’s quite doubtful whether there was ever any objective basis for supposing a homicide, but the fact that this was the color the family gave to events in the horror of the moment set in motion all the ensuing events.
During the investigation leading up to her 2007 trial and condemnation, Nafeek confessed to smothering the child — but she would later claim this confession was tortured out of her, and that the baby simply started choking on its bottle. (There was never a post-mortem on the dead baby.)
Opaque as the Saudi Arabian criminal justice system is, it’s got ample reputation for obtaining confessions by violence, and for mistreating migrant workers. And the accused had scant legal representation and no translator when she was tried for her life in a Saudi court.
After her conviction, it would also emerge that, order to land her the gig, Nafeek’s Sri Lankan recruiting agency falsified her papers to bump her age up past the legal minimum of 21. Rizana Nafeek arrived in Saudi Arabia carrying a passport that said she was born in 1982, making her 23 years old when she committed the supposed murder … but her birth certificate said that she was born in 1988, and was still a minor when the “murder” took place.
Noting that the dead infant’s family refused repeated blandishments of “blood money” to exercise its right to grant clemency, Riyadh officially “deplore[d] the statements made” by Rizana’s supporters “over the execution of a Sri Lankan maid who had plotted and killed an infant by suffocating him to death, one week after she arrived in the kingdom.”
More sympathetic Saudis, undoubtedly meaning well, offered Rizana Nafeek’s family cash compensation after the young woman was beheaded. That money, too, was angrily refused.
“I will not accept any gifts from the Saudis or the Saudi government which murdered my daughter,” mother Saiyadu Farina told a Sri Lankan newspaper. That anger was widely shared in Sri Lanka; Colombo even recalled its Saudi ambassador in protest.
That’s as may be, but money is sure to carry the argument at the end of the day. Wage remittances by overseas laborers are a massive boon to the island nation, amounting to $6.3 billion in 2012 — 8.8% of the Sri Lankan economy. And Saudi Arabia remains the single largest employer (pdf) of Sri Lankans abroad.
As of the time of Rizana Nafeek’s execution, at least 45 other foreign domestics, most of them Indonesians, were also awaiting execution on Saudi Arabia’s death row.
According to an AFP report, Iran hanged a drug trafficker in Sari, Mazandran province, on December 25, 2010 — “after being convicted of keeping, carrying and selling the narcotic drug ‘crack’,” in the words of prosecutor Assadollah Jafari.
On this date in 2008, Chinese biochemist and businessman Wo Weihan was shot for espionage along with his alleged co-conspirator Guo Wanjun.
Wo had been resident in Austria since 1990, and his daughters Chen Ran and Chen Di were Austrian citizens. In 2004, he returned to his native soil to launch a medical equipment firm in Beijing.
Wo was arrested in China in January 2005 and accused of passing “state secrets” to Taiwan and the U.S. He didn’t have a lawyer until 2006 — by which time he had produced a coerced confession that he tried in vain to retract — and the 2007 trial took place in secret, so the case against him was troublingly opaque at the time of his execution. The verdict publicly released in March 2008 even included such trifles as “discussing the health of senior Chinese leaders” — an actual crime in China but awfully difficult to accept as a factor in a capital case.
“The lack of transparency does nothing to reassure us that the court’s conclusion was the right one,” said a Dui Hua Foundation spokesman.
Allegedly, Wo got information about Chinese ICBMs from missile expert Guo Wanjun, and passed drawings to Taiwanese and American intelligence. Chinese state media have claimed that Wo’s wife was able to open a restaurant in Austria with the payoffs.