On this date in 2006, the government of Kurdistan hanged eleven members of an alleged “terrorist cell” in its capital of Erbil.
Sheikh Z(h)ana Abdel Karim Barzinji and his gang “were involved in kidnapping and killing innocent people,” per media accounts, and security forces made sure to provide to television statements dubiously adulterated videotapes of confessions they had wrung from the group. The confessions copped to beheadings and bomb attacks, as well as to gay sex and child rape.
It was the first known judicial execution in Kurdistan since it attained functional autonomy in 1992 — but authorities still delayed it in deference to the moratorium on executions in Iraq immediately following the U.S. invasion. When Baghdad resumed executions in September 2006, Erbil went ahead and did so as well.
This was coming at a time when Erbil had just suffered an especially bloody suicide attack, and residents were demanding answers and more security. Because I had heard of similar homosexual accusations related to al-Qaeda before, my reaction was a mix of amusement and skepticism. A gay/pedophile/Islamist/terrorist network: how convenient to discredit any insurgent effort for years to come …
The entire city was waiting for the confessions, which finally came in the most sordid of manners, interrupted with footage of gay sex, executions, and much gore. The fact that the confessions were intermittent, cut off abruptly at times, that the images of gay sex supposed to have been filmed by Sheikh Zana and his group could have been filmed by anyone even after the culprits’ arrest — in the same way that some were filmed in Abu Ghraib — was not relevant at all to the viewers of this show. My friend Rowand and his family were mesmerized and disgusted. When I expressed my skepticism, they politely dismissed it. This footage appealed to the deepest of Iraqi collective fears, the fear of being exposed as a homosexual.
Daryl Holton went to the Tennessee electric chair.
Holton was an depressive Gulf War veteran with an acrid relationship with his ex-wife Crystle.
Bitter at being kept from his children for weeks on end, Holton picked up his three kids and their half-sister on November 30, 1997 and told them they’d be going Christmas shopping.
According to the confession that he gave when he turned himself in later that night, he instead drove them to an auto repair shop in Shelbyville, where he shot them in two pairs by having first Stephen and Brent (aged 12 and 10) and then Eric and Kayla (aged 6 and 4) stand front-to-back facing away from him, then efficiently shot them unawares through the back with an SKS. (Eric and Kayla played elsewhere while the older boys were murdered. Eric was hearing-impaired.)
“They didn’t suffer,” Holton would tell his shocked interrogators that night. “There was no enjoyment to it at all.”
The original plan was to complete a family hecatomb by proceeding to murder Crystle and her boyfriend, and then commit suicide. But on the drive over, Holton lost his zest for the enterprise, smoked a joint, and just went straight to the police where he announced that he was there to report “homicide times four.”
Holton had a light trial defense focused on disputing his rationality and competence at the time of the murders — a theme that appellate lawyers would attempt to return to, hindered significantly by Holton’s refusal to aid them or to participate in legal maneuvers that would prevent his execution. A spiritual advisor reported him at peace with his impending death: “He’s very clear, very focused.”
Holton’s was Tennesee’s first electrocution in 47 years and, as of this writing, its last. The Volunteer State subsequently removed electrocution from its statutes altogether — but in 2014 it re-adopted the electric chair as a backup option in view of the nationwide shortage of lethal injection drugs.
On this date in 2009, China executed Li Peiying, the former chairman of a vast airport conglomerate that managed, among many others, Beijing Capital International Airport.
Li was convicted on corruption charges that netted £11 million in bribes and embezzled public funds from 1995 to 2003. Li’s case for leniency was that he gave it all back; the court’s case for aggravation was that Li had solicited (and not merely accepted) the bribes, an “extremely serious crime” resulting in “large economic losses.” For instance, nightclub mogul Qin Hui* was able to secure through Li $90 million in loans and guarantees
The state-owned Capital Airports Holding Co. that Li managed was reported at the time of his execution to employ 38,000 people and handle 30% of China’s air traffic.
In 2011, the successor to the corporate titancy Li was deposed from, Zhang Zhizhong, was himself convicted of wholesale corruption.** Perhaps in deference to China’s ongoing gradual de-escalation of penalties imposed for white-collar economic crimes, Zhang received only a 12-year prison sentence.
* Qin Hui shares a name with a villain in the classical story of Yue Fei. Our Qin Hui just owned the Paradise club in the Great Wall Sheraton.
** China’s aviation industry as a whole is notorious for corruption.
On this date in 2005, U.S. journalist Stephen Vincent was abducted off the streets of Basra by a Shia militia. Before the day was out, he had been extrajudicially executed on the outskirts of town — along with his assistant and translator, who managed to survive the execution.
Vincent, originally from California, had been a New York journalist (most prominent on the arts scene) for more than twenty years when he stood on his apartment’s roof on September 11, 2001, and watched United Airlines Flight 175 smash into the South Tower of the World Trade Center.
Deeply shaken by the specter of Islamic terrorism and wanting to, as he put it, “do my part in the conflict”, Vincent took an abrupt turn from his Gotham haunts and in 2003 bought his own ticket to Iraq to venture into the war zone with nothing but wits honed by a lifetime’s freelancing. Free of both institutional control and institutional protection, and picking up his Arabic on the fly, the dauntless Vincent reported from the ground in war-ravaged Iraq, eyed by perplexed officials who could scarcely help but suspect him a spy.
In April 2005, Vincent returned to Iraq — this time, to Muqtada al-Sadr‘s* bastion in the Shia south where, as he put it in a post on his still-extant blog, “militant Shiites … have transformed once free-wheeling Basra into something resembling Savonarola‘s Florence.”
One of few Western journalists in British-occupied but increasingly Sadr-controlled Basra, Vincent filed numerous stories raising the alarm on fundamentalism and Iranian influence.
“Basran politics (and everyday life) is increasingly coming under the control of Shiite religious groups,” Vincent wrote in a July 31, 2005 New York Times piece that would prove to be his last. “And unfortunately, the British seem unable or unwilling to do anything about it.”
Vincent traces the early cracks that would widen into Iraq’s now-familiar sectarian fracturing, and the ruins of a secular society as institutions like the university dare not shoo away self-appointed purity monitors of students’ dress and conduct lest they invite the wrath of the Iranian-backed Shia parties (and Shia police).
An Iraqi police lieutenant, who for obvious reasons asked to remain anonymous, confirmed to me the widespread rumors that a few police officers are perpetrating many of the hundreds of assassinations — mostly of former Baath Party members — that take place in Basra each month. He told me that there is even a sort of “death car”: a white Toyota Mark II that glides through the city streets, carrying off-duty police officers in the pay of extremist religious groups to their next assignment.
This passage prefigures Vincent’s own fate, and it’s thought to be the fact of his filing reports like this one that sealed it. Returning on the afternoon of August 2 from a Basra currency exchange with his translator Nouriya Itais Wadi (or Nouri al-Khal; Steven Vincent referred to her as “Leyla” in the personal dispatches he posted on his blog),** the pair was seized in broad daylight by armed men in a white police vehicle. Hours later, their bodies were recovered just a short drive away. Or rather, Vincent’s body was recovered: his aide, left for dead by her executioners, was clinging to life despite multiple gunshot wounds.
There’s an Open Source Radio interview with Vincent’s widow Lisa Ramaci-Vincent from August 10, 2005, available as a podcast here. After yet another journalist was abducted and murdered in Basra a few weeks later, Ramaci-Vincent launched the Steven Vincent Foundation “to assist the families of indigenous journalists in regions of conflict throughout the world who are killed for doing their jobs, and to support the work of female journalists in those regions.” She also helped Nouriya, who survived her injuries, to emigrate to the U.S.
Muqtada al-Sadr, who survived a 2008 attack by the American-backed Iraqi army on Basra, remains today one of the dominant figures in Iraqi politics.
* Saddam Hussein — a Sunni — had the name “Muqtada” chanted at him by his executioners during the fiasco of his hanging.
** Vincent’s relationship with his unmarried translator has also been cited as a possible factor in their murder. He was apparently planning to marry her opportunistically to help her escape Iraq, a plan that his wife knew about and supported.
(Thanks to Robert Elder of Last Words of the Executed — the blog, and the book — for the guest post. This post originally appeared on the Last Words blog. Fans of this here site are highly likely to enjoy following Elder’s own pithy, almanac-style collection of last words on the scaffold. -ed.)
“Tell my family and friends I love them, tell the governor he just lost my vote. Y’all hurry this along, I’m dying to get out of here.”
— Christopher Scott Emmett, convicted of murder, lethal injection, Virginia.
Executed July 24, 2008
The Washington Post reported: “Emmett fatally beat his roofing company co-worker, John F. Langley, with a brass lamp in a Danville, Va., motel room in 2001. He then stole Langley’s money to buy crack.” He later lost an appeal in Virginia claiming that the state’s lethal injection protocol constituted “cruel and unusual” punishment.
On this date in 2000, Robert Earl Carter was executed in Texas for slaughtering six people at the home of his Somerville ex, after the latter filed a child support suit against him.
The ex herself, Lisa Davis, wasn’t home at the time. But Carter’s stabbing-and-shooting rampage slew Davis’s mother Bobbie, Bobbie’s 16-year-old daughter Nicole, Robert and Lisa’s son Jason (the subject of the support suit), and three other small children that shared the residence. After murdering them, Carter set the house on fire: the burns he suffered to his own face and arms in the process helped connect him to the crime.
Pressed by interrogators, Carter at first admitted only that he was present with someone else who carried out the murders. Over time, he broke down and admitted to the slayings himself.
But Carter’s supposed other party also became a character fixed in the story that investigators were looking to tell — and that party’s identity became fixed on a casual acquaintance whom Carter eventually accused: Anthony Graves.
No forensic evidence implicated Graves, but Carter provided damning testimony at Graves’s 1994 trial. On that occasion, Carter claimed to have shot the teenage daughter Nicole, while Graves committed the rest of the murders, testimony that sent Anthony Graves to death row as well. (Graves’s brother Arthur Curry testified that Graves had been at home sleeping.)
But Carter changed his story again after both men were convicted.
As he prepared for his execution, Carter was keen to clear Anthony Graves before he left this mortal coil. Weeks earlier, he provided a sworn 85-page statement insisting that “Anthony Graves did not have any part in the murders and was not present before, during or after I committed the multiple murders at the Davis home.”
Even in his last statement on this date, Carter went out of his way to exonerate his supposed accomplice. “I’m sorry for all the pain I’ve caused your family,” Carter said from the gurney in his last moments, addressing the execution witnesses from his victims’ family. “It was me and me alone. Anthony Graves had nothing to do with it. I lied on him in court.”
Anthony Graves had been on death row for six years at this point. With Carter’s retraction it had become discomfitingly apparent that there was practically nothing to associate him with that horrific night in Somerville … butit would still be another decade more before he was officially exonerated and released.
After an appeals court ordered a new trial, a different prosecutor’s investigation of the case turned up just how scanty the case against him was.
“After months of investigation and talking to every witness who’s ever been involved in this case, and people who’ve never been talked to before, after looking under every rock we could find, we found not one piece of credible evidence that links Anthony Graves to the commission of this capital murder,” announced former Harris County prosecutor Kelly Siegler in a statement officially exonerating Graves. “This is not a case where the evidence went south with time or witnesses passed away or we just couldn’t make the case any more. He is an innocent man.” Siegler had been hired as a special prosecutor, and would have been the one to re-try Anthony Graves.
Today, Anthony Graves — you can find him on twitter at @AnthonyCGraves — is an activist and motivational speaker. He’s been outspoken especially on the torture inflicted by long-term solitary confinement, which he also endured during his years in prison.
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.
(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.