ExecutedToday.com

On this date in 2007, according to the Daily NK, five women were publicly tried, then immediately shot, in Hoiryeong Public Stadium in North Korea’s North Hamkyung province.

Their crime, “prostitution”, is supposed to be a euphemism for aiding refugees escaping to China in the area that also generated an infamous execution film broadcast on Japanese television in 2005. (And other death sentences earlier in 2007. North Korea is not enthusiastic about escapees.)

As usual with the insular state, details are hard to come by. The North Korean Human Rights Infringement Center claimed Pyongyang carried out 901 public executions in 2007; that figure would potentially make it the world’s #2 (after China) death penalty user, though Amnesty International doesn’t even venture a tally of North Korean executions.

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Two years ago today, the U.S. Supreme Court unexpectedly accepted a case, Baze v. Rees, challenging the constitutionality of lethal injection — the supposedly humane execution method that seemed less and less so.

Texas inmate Michael Richard, condemned for raping and murdering Marguerite Dixon in 1986, was slated to die that very evening, also by lethal injection.

As Richard’s Texas Defender Service lawyers scrambled to prepare a last-minute legal challenge based on the pending Supreme Court case — for how could Texas carry out a procedure whose constitutionality was in question? — they tripped over an unexpected stretch of red tape that ultimately claimed their client’s life:

The Texas Court of Criminal Appeals closed at 5 p.m. on the day of the scheduled 6 p.m. execution, and refused to accept an appeal filed a few minutes after 5.

Or more specifically, Judge Sharon Keller refused to accept the appeal, for which she came under immediate fire — and launched campaigns like the website SharonKiller.com.

This bizarre situation, complicated by the fact that the Lone Star State did not have written rules for handling last-minute appeals (it does now), has a thicket of procedural detail best appreciated by lawyers.

But it caught worldwide attention as an illustration of Texas’s cavalier approach to its numerous death penalty cases.

Keller, who has what you might say is an inordinate regard for “finality”, has herself been forced to defend her conduct in hearings of the State Commission on Judicial Conduct. Those hearings could result in her removal from the bench over this incident; a decision is expected soon.

Though it was not completely clear for a few more weeks, it was in fact true that the pending Baze decision suspended the death penalty in the United States. As a result, Michael Richard — whose execution would have been stayed had the appeal entered the judicial system — was the last American put to death until May of 2008.

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