ExecutedToday.com

One year ago today, justice was served better late than never, courtesy of the crime lab.

The 1987 rape and murder of Jo Talley Cooper, a pregnant 28-year-old Norman woman killed while her infant son lay unharmed in the next room, had stood unsolved for a decade.

Coincidentally — unluckily for Frank Duane Welch — forensic DNA testing was just coming online during that decade. A match in another case led the database to its culprit, in the Cooper murder and a similar crime around the same time.

Apart from the manner of his capture — and the incidental minor distinction of being the last person killed in Oklahoma’s busy death chamber before the 2007-2008 execution moratorium due to court challenges to lethal injection — Welch is an almost wholly unremarkable character, central casting for the modern American death row, a paragon of the banality undergirding appalling, life-shattering crimes.

The penpal site of the Canadian Coalition to Abolish the Death Penalty still preserves Welch’s c. 1999 appeal for correspondence:

My name is Frank Duane Welch, I am a 38 yr. old white male who is confined on Death Row within the Oklahoma Department of Corrections. I enjoy watching numerous sporting events, such as football, baseball, tennis and rodeo. Here on Death Row we have only two options of exercise, basketball or handball. I try and take advantage of both in order to stay in shape. Besides sports, I enjoy a good book, novels mostly. My tastes in music are first country and then some light rock, no heavy metal. My educational background consists of a bachelors degree in Animal Science. Now as for what I am looking for in a pen pal. I am looking for a friend, age not important. One who is willing to be straight forward with me, no games. For I will be straightforward with them. I need someone who is willing to help me both emotionally and financially. Someone who, when I am having a bad day, is willing to listen and give support. I am a proud man, but it is hard being alone in this place, no one to share your thoughts and feelings with. For this is the reason I have written this letter. If you are willing to accept me as I am and not hold my faults against me, I would love to hear from you.

According to the macabre* blog Dead Man Eating, Welch checked out with a belly full of pizza and a two-liter Coke, tritely last-wording:

There is nothing that can change the horrible thing I done. There is nothing that can change that. I take full responsibility for what I done. I am truly, truly sorry for all the hurt and pain I have caused you. I take full responsibility for what I’ve done. There’s no excuse for it. There never was. It was just me.

I love y’all. God bless y’all. I’m ready.

Maybe that’s as much closure as one can have in this world. That infant child who survived his mother’s murder had grown into a 20-year-old man who had never know his mother. Travis Cooper’s testimony at the clemency board hearing helped seal Welch’s fate.

It would be different if my mother would have died of natural causes. It would be different if it was God’s will, but the truth is that an evil man named Frank Welch took her life … And the unspeakable things he did to her, my mother, is what fills me with anger, the pain, and the loneliness that I feel to this day.

“None of this will ever bring my mom back,” Cooper told reporters after the execution. “I miss my mom.”

* Pot. Kettle. Black.

Also On This Date

• 1915: Eleven Arab nationalists

At 7:14 a.m. on this date in 2001, Oklahoma City bomber Timothy McVeigh was executed at the federal penitentiary in Terre Haute, Ind.

More ink has been spilled about the 33-year-old Gulf War veteran and his infamous crime than this space can possibly hope to summarize. Books can be — and have been — written debating whence McVeigh sprang and whether he was rightly convicted.

McVeigh tended to keep coy about his version of his activities on April 19, 1995,* but he was never less than frank about his philosophy.

Though his avowed motive, the Waco slaughter that occurred two years to the day before Oklahoma City, has never exactly been secret, the way he’s connected those events has also never been particularly welcome. And McVeigh would say that the fact that he suffered execution while the only parties punished in the Waco siege were the survivors makes his point.

For all its moral monstrosity, the Gulf War veteran’s critique of his violent actions vis-a-vis those the state claims legitimacy for makes discomfiting reading, and is not always so easy to answer. From our distance of time, knowing that three months after McVeigh’s execution another terrorist act to beggar Oklahoma City would propel the United States back into Iraq, it strikes eerily prescient notes.

In a 1998 essay, McVeigh savaged the government for its hypocritical posture towards the country he had once fought, Iraq:

The administration has said that Iraq has no right to stockpile chemical or biological weapons (”weapons of mass destruction”) — mainly because they have used them in the past.

Well, if that’s the standard by which these matters are decided, then the U.S. is the nation that set the precedent. The U.S. has stockpiled these same weapons (and more) for over 40 years. The U.S. claims that this was done for deterrent purposes during the “Cold War” with the Soviet Union. Why, then is it invalid for Iraq to claim the same reason (deterrence) — with respect to Iraq’s (real) war with, and the continued threat of, its neighbor Iran?

…

If Saddam is such a demon, and people are calling for war crimes charges and trials against him and his nation, why do we not hear the same cry for blood directed at those responsible for even greater amounts of “mass destruction” — like those responsible and involved in dropping bombs on [Dresden, Hanoi, Tripoli, Baghdad, Hiroshima and Nagasaki]?

…

The truth is, the use of a truck, a plane, or a missile for the delivery of a weapon of mass destruction does not alter the nature of the act itself.

These are weapons of mass destruction — and the method of delivery matters little to those on the receiving end of such weapons.

Whether you wish to admit it or not, when you approve, morally, of the bombing of foreign targets by the U.S. military, you are approving of acts morally equivalent to the bombing in Oklahoma City. The only difference is that this nation is not going to see any foreign casualties appear on the cover of Newsweek magazine.

It seems ironic and hypocritical that an act viciously condemned in Oklahoma City is now a “justified” response to a problem in a foreign land.

Another note sent shortly before his execution to author Gore Vidal travestied government warmaking talking points:

[T]his bombing was also meant as a pre-emptive (or pro-active) strike against those forces and their command and control centers within the federal building. When an aggressor force continually launches attacks from a particular base of operations, it is sound military strategy to take the flight to the enemy. Additionally, borrowing a page from U.S. foreign policy, I decided to send a message to a government that was becoming increasingly hostile, by bombing a government building and the government employees within that building who represent that government. Bombing the Murrah Federal Building was morally and strategically equivalent to the U.S. hitting a government building in Serbia, Iraq, or other nations. Based on observations of the policies of my own government, I viewed this action as an acceptable option. From this perspective what occurred in Oklahoma City was no different than what Americans rain on the heads of others all the time, and, subsequently, my mindset was and is one of clinical detachment.

He broadcast clinical detachment in the execution itself — the first conducted by the federal government since 1963, technically imposed for the eight federal employees among his 168 victims — from his waiver of appeals to his unnervingly unblinking death mask to the 19th century poem “Invictus” that formed his written (and only) final statement.

* Also — coincidentally or not — the execution date of Richard Snell in Arkansas, a militia man (and white supremacist, which McVeigh was not) who had once tried to blow up the Murrah building himself.

Also On This Date

• 1725: John Gow and his pirate crew

On this date in 2001, Lois Nadean Smith was executed by lethal injection in Oklahoma for the murder of her son’s ex-girlfriend.

By the standards of the 1,099 executions in the “modern” death penalty in America — those since the 1972 Furman v. Georgia Supreme Court decision — very little especially distinguished Smith’s case.

Sentenced some 19 years before her death, she had committed a single horrifying and rather tawdry kidnapping and murder. Her guilt was in no question, although she stood trial along with her son — who received a life sentence — and would later argue on appeal that their lawyer had pursued a defense intentionally shifting blame onto her in order to save him.

As a woman, though, Smith was inherently an oddity. This date completed a remarkable year in which Oklahoma, having not put any woman to death since 1903, emptied its women’s death row with three such executions.

Including those three, only eleven women have been executed in the United States since Furman — or, indeed, since the Kennedy administration. There had been no calendar year in which three women were executed in the entire country since 1953 … and no single state had executed three women in one year since Virginia when the women in question were property.*

According to the Death Penalty Information Center:

Death sentences and actual executions for female offenders are also rare in comparison to such events for male offenders. In fact, women are more likely to be dropped out of the system the further the capital punishment system progresses. Following in summary outline form are the data indicating this screening out effect:

• women account for about 1 in 10 (10%) murder arrests;
• women account for only 1 in 50 (2.1%) death sentences imposed at the trial level;
• women account for only 1 in 70 (1.4%) persons presently on death row; and
• women account for only 1 in 90 (1.1%) persons actually executed in the modern era.**

At the end of a chain of improbabilities, Smith apparently met her death with composure. “To the families, I want to say I’m sorry for the pain and loss I’ve caused you,” she said from the gurney. “I ask that you forgive me. You must forgive to be forgiven.”

* See charts of female executions through 1962 and since 1900, both courtesy of the comprehensive Espy file of all executions in American history.

** This calculation appears to be slightly dated, with women currently accounting almost exactly 1 in 100 persons actually executed. The last 117 American prisoners executed have all been men.

Also On This Date

• 1937: Masao Sudo, since rehabilitated