April 20th, 2017
Moments before his death warrant expired at midnight U.S. Central Time, after a last meal consisting only of communion, Ledell Lee was executed by the U.S. state of Arkansas.
Lee spent 24 years awaiting execution for the bludgeon murder of Debra Reese on February 9, 1993, but he was done to death in a rush that left unanswered some of the most fundamental questions in the case.
Trial is the forum designated for contesting this question, of course. At Lee’s, he was represented by an unwilling defense team that repeatedly sought its own removal from the case, citing an “intolerable conflict” with their client, a conflict that paled in comparison to that of the judge, who was having an affair with a prosecuting attorney. (Multiple separate rape cases were pending against Lee at the same time, and those same conflicting attorneys were removed from those cases.)
A quarter-century on death row suggests claims litigated to the point of exhaustion, but this is not how the death penalty game is played in America. The art of execution lies in expediting a conviction and then fighting hammer and tong to maintain that verdict as a fait accompli against any attempt on appeal to litigate issues that the jury never heard. Mostly, the clocks runs for years on useless waiting or epicycles of procedural do-overs that never reach the most salient topics. The Innocence Project reports that outright exonerees (not limited to condemned prisoners) serve an average of 14 years before winning release on their various evidentiary trump cards. (Arkansas’s most famous death row exoneree,* Damien Echols, waited 17 years.)
By the time one reaches the end of the glacial death penalty process, the very refusal of the law to probe the questions it never bothered asking will have become the fault of a prisoner’s own dilatory appeals, leading — in this instance — to victim’s kin at Lee’s clemency hearing “asking you and begging you to please let us have some closure.”
In the name of closure, end-state cases must also insist on renouncing one of the potential benefits of all that time-wasting, the perspective of passing years. DNA tests that were not available when Lee stood trial for his life — and the discredited “forensic evidence” of matching hair samples was invoked against him — could have been used to examine blood spots on Lee’s shoes.** Because the prisoner maintained his innocence in the case from the time he was arrested until the very end, one of his late appeals vainly implored Arkansas to test that DNA sample. There are many cases, death penalty and otherwise, meeting this description, and most U.S. jurisdictions compulsively resist any calls to revisit testable tissue in the light of emerging DNA science as so many affronts to the majesty of law.
So what has everyone been up to while not testing DNA all those years? The Fair Punishment Project report on Lee’s post-conviction road makes depressing reading.
Lee’s first state post-conviction attorney had substance abuse problems that left him “impaired to the point of unavailability on one or more days of the Rule 37 hearing.” The Arkansas Supreme Court noted several examples of his lawyer’s “troubling behavior,” including “being unable to locate the witness room;” “repeatedly being unable to understand questions posed by the trial court or objections raised by the prosecution;” “not being familiar with his own witnesses;” and “rambling incoherently, repeatedly interjecting ‘blah, blah, blah,’ into his statements.” Unsurprisingly, Ledell lost his state-post conviction petition. Eventually, the Arkansas Supreme Court recognized that Lee received grossly inadequate representation and withdrew its opinion, giving him new counsel.
Unfortunately, his new counsel were not much better. First, they missed the filing deadline for the appeal. Then, the Arkansas Supreme Court twice, sua sponte, ordered the attorneys to submit a new brief because their filings failed to comply with Court rules — the second time, the Court referred the attorneys to the Committee on Professional Conduct. The attorneys also appear to have refused to accept their client’s phone calls and ignored his letters.
At one point, Ledell received a glimmer of hope when the Arkansas court appointed the Arkansas Federal Defender to his case. They tried to litigate a claim that Ledell is intellectually disabled. In response, the state argued that Ledell — with all of his competent representation — had procedurally defaulted this claim by not raising it before.† But before the parties could complete litigation on the claim, the Federal Defender was removed due to a conflict.
In 2016, Ledell’s local habeas attorney moved to withdraw from the case because she was retiring. She made clear that in ten years, she had done little work on the case. “I have no file on [Ledell],” she stated, despite having argued at least one of Ledell’s appeals before the Eighth Circuit. “I have no working relationship with [Ledell]. I have not seen [him] for several years. I have no relationship with [his] present counsel and have not had any working relationship with them for some time.”
In June of 2016, one of Lee’s federal habeas lawyers, Gary Brotherton, voluntarily surrendered his legal license “to prevent possible harm to clients” because he was suffering from bipolar disorder with psychotic features and anxiety. One month later, the Missouri Supreme Court suspended him from the practice of law. So, just seven months ago, in the eleventh hour of his case, Ledell received yet another lawyer on his case.
All in all, a shambolic proceedings crowned by the indignity of Arkansas’s cramming Lee into a raft of eight proposed executions — many of them now stumbling on late appeals — slated together for the last days of April for the tawdry expedient of using up the state’s lethal injection drugs before their imminent expiry. It’s a very not normal situation, and yet, it is also all too normal.
Ledell Lee was the first person executed by Arkansas since 2005.
* As we’ve previously noted, Arkansas forced Echols to make an Alford plea as the price of his release, allowing it to claim on a technicality that it had not wrongfully imprisoned an innocent man for two decades.
** The crime scene was a bloodbath, so the supposition is that the murderer would certainly have imbrued his clothes with Reese’s blood.
† Reese’s alleged intellectual disability ought to have been raised by his unwilling defenders at the trial’s mitigation stage; it appears they barely investigated it.
On this day..
Entry Filed under: 21st Century,Arkansas,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Lethal Injection,Murder,Racial and Ethnic Minorities,Ripped from the Headlines,USA
Tags: 2010s, 2017, april 20, ledell lee, literally executed today
April 20th, 2016
We’ve recently featured in these pages the very last hanging at Edinburgh’s old Grassmarket, scene of innumerable executions potent in Scottish history.
Beginning in 1785, public hangings were relocated to the Tolbooth, a medieval civic building that had been converted into a notorious prison — an era that was officially christened on this date in 1785 with the sacrifice of a juvenile delinquent.
the first person executed at the west end of the old city gaol, was Alexander Stewart, a youth of only fifteen, who had committed many depredations, and at last had been convicted of breaking into the house of Captain Hugh Dalrymple, of Fordell in the Potterrow, and Neidpath Castle, the seat of the Duke of Queensberry, from which he carried off many articles of value. It was expressly mentioned by the judge in his sentence that he was to be hanged in the Grassmarket, “or any other place the magistrates might appoint,” thus indicating that a change was in contemplation; and accordingly, the west end of the old Tolbooth was fitted up for his execution, which took place on the 20th of April, 1785.
Demolished in 1817, the Tolbooth survives today as a much-spat-upon heart design in the cobblestones marking the gaol’s former location.
On this day..
Entry Filed under: Capital Punishment,Children,Common Criminals,Crime,Death Penalty,Execution,Hanged,Milestones,Public Executions,Scotland,Theft
Tags: 1780s, 1785, alexander stewart, april 20, edinburgh, old tolbooth
April 20th, 2015
Bondy, today a Paris suburb, was in the Middle Ages a forest notorious for the bandits and murderers who laired in its leafy shadows — a reputation stretching back to antiquity. The Merovingian king Childeric II was assassinated while hunting there.
Just as the French Revolution swept away the titles and prerogatives left over from feudal Europe, it put the onetime thieves’ forest on the track to respectability. The golden age of the highwayman was rapidly closing anyway; as the 19th century unfolded, the lumberman, the railroad, and the police inspector combined to drain away the outlaw’s arboreal habitat.
Take the tram where angels once feared to tread. ((cc) image from gasdub.
But such transitions do not happen overnight, and on this date in 1824 were guillotined in Paris three representatives of this vanishing species — brigands from a ferocious gang who, in the words of their executioners’ memoirs, “excelled in the art of waylaying stage-coaches, and killing the passengers if they refused to give up their money.”
Renaud, Ochard and Delaporte were their names; five others of their band had received sentences of life in prison at hard labor.
On this day..
Entry Filed under: 19th Century,Beheaded,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,France,Guillotine,History,Murder,Outlaws,Public Executions,Theft
Tags: 1820s, 1824, april 20, bondy, paris
April 20th, 2013
On this date in 1945, as Adolf Hitler celebrated his 56th birthday within a Red Army cordon, one of the Second World War’s more tear-jerking little crimes against humanity happened in Hamburg.
Bullenhuser Damm — still to be found today — was a former Hamburg school which fell out of use as World War II progressed, owing to the devastation Allied bombings wrought on the surrounding area.
The school itself sustained little damage, however, which eventually facilitated its appropriation as a satellite building for the nearby Neuengamme concentration camp.
Over at Neuengamme, the SS doctor Kurt Heissmeyer had been conducting a litany of horror medical experiments on 20 Jewish children — mostly from Poland — culled from the concentration camps, seeking medical evidence for Nazi racial theories further to a cushy professorship. But as April 1945 was obviously endgame for the Third Reich, thoughts naturally turned to disposing of evidence of indictable offenses.
Photos of the eventual Bullenhuser Damm victims showing their surgical scars after Heissmeyer injected them with tuberculosis.
Bullenhuser Damm was just the place for disposal.
On April 20, the 20 kids were loaded up on trucks with their four adult caretakers — two French, two Dutch — plus six Soviet prisoners of war.
At Bullenhuser Damm, the kids were parked in a room and hung out, blissfully ignorant of their danger. “They had all their things with them — some food, some toys they had made themselves, etc,” physician Alfred Trzebinski later recalled at his own trial. “They sat on the benches and were happy that they had gotten out. They didn’t suspect a thing.”
In the next room, the 10 adults were being hanged.
According to Admitting the Holocaust, Trzebinski was impressed with his own compassionate use of this bit of down time: he generously gave the children morphine shots to sedate them before their own executions. Or rather, their murders … since the doctor could not but agree that “you cannot execute children, you can only murder them.”
I must say that in general the children’s condition was very good, except for one twelve-year-old boy who was in bad shape; he therefore fell asleep very quickly. Six or eight of the children were still awake — the others were already sleeping … Frahm [an orderly] lifted the twelve-year-old boy and said to the others that he was taking him to bed. He took him to a room that was maybe six or eight yards away, and there I saw a rope already attached to a hook. Frahm put the sleeping boy into the noose and with all his weight pulled down on the body of the boy so that the noose would tighten. (Trzebinski, again)
The other 19 children were disposed of in like manner, and then all 30 corpses cremated overnight … just in time for what must have been a much-needed 5 a.m. coffee.
After the war, the facility went back to use as an actual (creepy!) school, but it was eventually renamed Janusz Korczak School, for a Polish-Jewish educator gassed with his young charges at Treblinka. There’s a permanent exhibition (German) at the site, as well as a memorial rose garden with a variety of plaques commemorating the victims of Bullenhuser Damm.
Trzebinski’s take on his conduct this horrible night might have been good enough for his conscience, but it didn’t pass muster with his judges: he was hanged on a war crimes rap prominently including Bullenhuser Damm on October 8, 1946. Kurt Heissmeyer, however, avoided detection until 1959 and only received a long prison sentence in 1966, shortly before his death.
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Entry Filed under: 20th Century,Capital Punishment,Children,Concentration Camps,Death Penalty,Disfavored Minorities,Execution,Germany,Hanged,History,Jews,Mass Executions,No Formal Charge,Soldiers,Summary Executions,War Crimes,Wartime Executions
Tags: 1940s, 1945, alfred trzebinski, april 20, bullenhuser damm, hamburg, neuengamme concentration camp, world war ii
April 20th, 2012
On this date in 1954, Michael Manning was hanged for the drunken rape-murder of an elderly nurse. It was the last execution in the Republic of Ireland.
Less than 40 years before the modern Irish state had been born in a bloody civil war, notorious for its many executions.
But once Ireland had the stability to draw a line under political executions in the early 1920s, it proved to have scant appetite for capital punishment. Indeed, a provision abolishing it altogether had even been considered for Ireland’s 1922 constitution.
Although Mountjoy Prison had murder hangings in the mid-1920s, which was the style at the time, even by the 1930s actual executions had receded into oddity status: only four men and one woman were hanged in that entire decade. They even had to keep importing British hangman Tom Pierrepoint, and later his famous nephew Albert Pierrepoint, to carry them out. That can’t have helped the popularity of the enterprise.
There was a brief death penalty recrudescence during the war years, and that was pretty much it. Michael Manning’s milestone execution (also in Mountjoy Prison, also conducted by Albert Pierrepoint) was the first one since 1948 … and the last one ever since.
Ireland repealed the death penalty for ordinary crimes in 1964, and has since abolished it for everything else. That constitutional prohibition on the death penalty that Ireland didn’t enact in 1922 was in 2001 adopted after all in what is now a very staunchly abolitionist Ireland.
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Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Ireland,Milestones,Murder
Tags: 1950s, 1954, albert pierrepoint, april 20, michael manning, mountjoy prison
April 20th, 2011
On this date in 1534, Elizabeth Barton was hanged at Tyburn with her “conspirators” for having prophesied the death of Henry VIII and (in the words of the parliamentary attainder against them) “traterously attempted many notable actes intendyng therbye the disturbaunce of the pease and tranquyllytie of this Realm.”
A country servant-girl, this Elizabeth Barton had begun having divine visions around Easter 1525, and developed a popular following for her gift of prophecy, generally delivered during spooky (perhaps epileptic) fits and trances.
This was all just fine with everyone, since King Henry was still a good Catholic at the time; Barton took orders in the St. Sepulchre Nunnery and continued her career in the seer business.
Elizabeth Barton wasn’t going to leave her place in Henrician England … but to paraphrase Ronald Reagan, Henrician England was about to leave her.
And like so many entries that age has given this site, it all went back to Henry’s leaving his first queen, Catherine of Aragon.
If one likes to see in the prophetic tradition a refracted expression of popular sentiment, speaking a religious rather than a political language, Elizabeth Barton’s divine gift set her up to be the mystical exponent of the English populace’s visceral reaction against Henry’s ascending paramour, Anne Boleyn.
Rather rashly, Barton began publicly warning her sovereign against his bedchamber gambit, threatening that if the proposed Boleyn union should come to pass, he “should no longer be King of this realm…and should die a villain’s death.”
That would be compassing the death of the king — which is treason.
Barton articulated a fear of Henry’s policies which was shared by many of his subjects. The anticipated breach with Rome made the citizens of England insecure about the future stability of the realm, and prognostications concerning the state of the country abounded. Barton was not alone in foretelling that wars and plagues would soon rack the country; or in prophesying that the King would be overthrown, that his death was imminent, that he would die as a villain. Many people were discussing such prophecies, by means of which they could “objectify their fears and hopes” in an age of change and disruption.
-Diane Watt, “Reconstructing the Word: the Political Prophecies of Elizabeth Barton (1506-1534)”, Renaissance Quarterly, Spring 1997
So it’s probably only fitting that this creature of her times would be devoured by the Tudor state which made its Reformation from the top.
Devoured, not only bodily.
As the Tudor king breaks with Rome, Barton becomes almost totally obscure to us, the real person who dared to stand openly against her king subsumed entirely by the edifice of state propaganda. As Watt observes, “as a result of her fate … almost all the first-hand evidence concerning Barton’s life and revelations has been destroyed” and “the surviving image of her has therefore been shaped by those who suppressed her visions and prophecies.”
We have her mystical utterances mostly indirectly, through the interlocutors charged with refuting her, and we have the expedient charges against her of fraud, contumacy, and (of course) sexual indiscretion leveled by her foes.
“The Imposture of the Holy Maid of Kent”
Arrested with a circle of supporters, Barton was forced into a public recantation in November 1533 by her persecutors. One supposes such a recantation was in any event obtained under some duress; undoubtedly it was, as the disgusted Spanish ambassador recorded, staged “to blot out from people’s minds the impression they have that the Nun is a saint and a prophet.” (Cited by Watt)
If said duress included an easing of the charges against herself or her associates, Barton was to be disappointed.
She was attainted for treason* in January (the evidence against her being insufficient for a judicial verdict of treason); the bill of attainder also required the public to hand over any writings about her alleged prophecies or revelations, like the popular pamphlets that had circulated with official approval in the 1520’s: there would be nothing to nurture a people’s cult for this exponent of resistance. Over the decades to come, the early writings sympathetic (and proximate) to Barton would be almost completely annihilated, supplanted by Protestant works that rendered Barton a trickster, a puppet, a sham — magnified her retraction into the definitive statement. It was a propaganda victory almost as chilling as Barton’s corporeal fate: even her potentially sympathetic Catholic audiences can latterly make no reliable judgment about her.
And so Barton moulders.
In April 1534, the usurping consort once more apparently pregnant with Henry’s long-sought heir, the once-popular, now-deflated prophetess of the old queen and the old faith was emblematically put to death with her former adherents on a most significant day in the city of London.
[T]his day the Nun of Kent, with two Friars Observant, two monks and one secular priest, were drawn from the Tower to Tyburn, and there hanged and headed. God, if it be his pleasure, have mercy on their souls. Also this day the most part of this City are sworn to the king and his legitimate issue by the Queen’s Grace now had and hereafter to come, and so shall all the realm over be sworn in like manner.
-Letter from John Husee to Lord Lisle, April 20, 1534 (Source)
We trust everybody got the message.
But in case anyone missed the point, there would be plentiful reminders still to come.
* Chancellor Thomas More had some traffic with Barton — very cautious, as befits a skeptical elite’s approach to a loose cannon commoner — and was briefly in some danger of being named in the indictment against her. When his loyal daughter Meg joyously reported to him that he’d been cleared, he’s supposed to have replied, “In faith, Meg, ‘quod differtur non aufertur’, what is put off is not put away.” But it probably didn’t require heavenly foresight for More to perceive the wheel of fortune about to turn on him, too. By the time of Barton’s actual execution, More had already been clapped in the Tower himself.
On this day..
Entry Filed under: 16th Century,Capital Punishment,Death Penalty,Diminished Capacity,England,Execution,God,Hanged,History,Martyrs,Mass Executions,Notable for their Victims,Power,Public Executions,Religious Figures,Treason,Women
Tags: 1530s, 1534, anne boleyn, april 20, catholicism, elizabeth barton, henry viii, john husee, london, marriage, propaganda, saint thomas more, sir thomas more, st thomas more, thomas more, Tyburn
April 20th, 2010
On this date in 2004, an Afghanistan liberated from the Taliban enjoyed its first freedom-execution: the secret shooting for various war atrocities of Abdullah Shah.
Shah worked for Afghan warload Zardad Khan during the early 1990s civil war that brought the Taliban to power.
And by “worked for,” we mean that Zardad kept Shah chained up in a cave, and used him to bite his prisoners and (!) devour their testicles.
Michael Vick, eat your balls out.
“Zardad’s Dog” — the guy’s nickname, as well as the title of a short film made about his case, which was also the first capital prosecution in post-Taliban Afghanistan — was well-qualified for his bestial career.
Implicated in possibly hundreds of deaths, his 20 murder convictions included three of his wives (another of his wives, whom Shah tried to burn to death, testified against him) and five of his own children.
“The president felt compelled by the need to ensure justice to the victims,” a Karzai spokesman said. “Especially in view of the nature of the crimes he [Abdullah Shah] committed.” So compelled was he that the government only publicly declared the execution a week later.
Skeptical observers have noted that Karzai might have also felt this particular “need to ensure justice to the victims” in a case where the condemned had the goods on some of the top men in Karzai’s own government, who resided further up Shah’s own chain of command.
Amnesty International considered his case rife with other irregularities. Kabul temporarily suspended judicial executions thereafter; the country would not carry out another execution until 2007 (pdf).
Shah’s eponymous boss, Zardad, slipped into England on asylum. A year after his “dog’s” execution, Zardad drew a 20-year sentence at the Old Bailey for various acts of torture and summary execution during Afghanistan’s civil war.
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Entry Filed under: 21st Century,Afghanistan,Capital Punishment,Death Penalty,Execution,History,Milestones,Murder,Shot,Soldiers,Torture
Tags: 2000s, 2004, adbdullah shah, april 20, hamid karzai, pul-e-charkhi, zardad khan
April 20th, 2009
When the Rwandan genocide erupted following the April 6, 1994 assassination of President Juvenal Habyarimana, the southern province of Butare went initially unscathed. Its large and powerful Tutsi population had limited the foothold of violent Hutu paramilitaries.
That calm lasted a mere fortnight, however, and was shattered this date in 1994 when the aged widow of Rwanda’s last monarch was hauled to Butare city’s national museum and shot along with several of her caregivers.
Taken in marriage in 1942 (French link) by King Mutara III, Rosalie Gicanda had stayed out of politics after he died mysteriously and Rwanda became a republic.
Being an emblematic Tutsi in April 1994, however, was all the political involvement needed to doom her. According to Human Rights Watch.
At 11 a.m. … a detachment of soldiers commanded by Lt. (jg) Pierre Bizimana, acting under the orders of Capt. Nizeyimana, invaded the modest home of Rosalie Gicanda … About eighty years old, she lived a quiet life as a devout Catholic, sharing her home with her bed-ridden mother and several women and girls who cared for them both. Because she eschewed any involvement in politics and behaved with discreet dignity, even the most anti-Tutsi politicians had left her largely undisturbed throughout the thirty years of Hutu rule…. The soldiers passed through the wooded enclosure that protected the house from the main street and entered the little house with its air of faded respectability. They seized the former queen and six others, leaving her bed-ridden mother and one girl to care for her. The soldiers passed by the ESO and then took Gicanda and the others to a place behind the national museum where they shot them. One teenaged girl, left for dead, survived to recount the murders. The soldiers returned to pillage Gicanda’s home in the afternoon and, two days later, they killed her mother. …
The news that this gracious lady and others from her household had been taken away by soldiers in the back of a pickup truck spread rapidly and alarmed Tutsi and all others who opposed the genocide. They concluded that if soldiers dared to seize even this revered person, then no one was safe.
That conclusion, of course, was well-founded. Over 200,000 Butare Tutsis are thought to have suffered Gicanda’s fate (or worse) in the ensuing months, making it the Rwandan genocide’s bloodiest province.
Pierre Bizimana was sentenced to death for Gicanda’s killing in 1998; I have been unable to document whether that sentence was ever carried out. His commanding officer, Idelphonse Nizeyimana, was arrested in October 2009.
On this day..
Entry Filed under: 20th Century,Borderline "Executions",Disfavored Minorities,Execution,Famous,History,Innocent Bystanders,Mass Executions,No Formal Charge,Power,Racial and Ethnic Minorities,Ripped from the Headlines,Royalty,Rwanda,Shot,Summary Executions,Women
Tags: 1990s, 1994, april 20, idelphonse nizeyimana, juvenal habyarimana, mutara iii, pierre bizimana, rosalie gicanda, rwandan genocide