ExecutedToday.com

(Thanks to John Temple, author of The Last Lawyer: The Fight to Save Death Row Inmates and journalism professor at West Virginia University, for the guest post. -ed.)

Barring a last-minute stay of execution, Khristian Oliver will be put to death late this afternoon.

(Update: Khristian Oliver has indeed been executed as scheduled. His likeness lives on in an altarpiece made by his father, an artist.)

In 1998, Oliver, now 32, shot and killed a man whose home he was burglarizing. Oliver’s guilt isn’t being questioned. The argument his attorneys and supporters are using to stave off his upcoming execution has to do with how the jurors in his case handled his sentencing.

An Oct. 15 story in The Guardian described the scene in the jury room this way:

A clutch of jurors huddled in the corner with one reading aloud from the Book of Numbers: “The murderer shall surely be put to death” and “The revenger of blood himself shall slay the murderer.”

Another juror highlighted passages which she showed to a fellow juror: “And if he smite him with an instrument of iron, the murderer shall surely be put to death.” (Apparently one of the same passages, Numbers 35:16, in fuller context.)

Juries debating this most difficult decision often reach for Biblical guidance, and there are no shortage of verses that relate to capital punishment, including the famous “eye for an eye” passage(s). Courts have ruled this improper, not because the Bible is a religious document, but because it is extrinsic evidence, meaning it was not properly introduced as evidence.

The same issue arose in the central case in my new book, The Last Lawyer: The Fight to Save Death Row Inmates.

To write the book, I shadowed a North Carolina legal team for four and a half years as they fought to overturn the death sentence of a man named Bo Jones. The attorneys crisscrossed the back roads of North Carolina to track down and interview most of the jurors from the trial, two of whom chased them off their property. In the end, the attorneys found one woman who claimed that a Baptist minister on the jury had brought a Bible into the room and quoted passages from it.

In the end, this claim didn’t help Bo Jones. A federal appeals judge threw it out, saying his lawyers hadn’t proved that the Bible-quoting had influenced the jury’s verdict. But Jones’s attorneys had plenty of other arguments up their sleeves, while Oliver’s supporters seem to be putting most of their emphasis on the Bible argument.

It remains to be seen whether this will bewas not enough to spare his life.

Also On This Date

• 1941: Arndt Pekurinen, conscientious objector
• 1925: Sidney Reilly
• Themed Set: Spies

On this date in 2006, Catholics Fabianus Tibo, Marianus Riwu and Dominggus da Silva were shot in the Central Sulawesi capital of Palu for inciting murderous anti-Muslim riots six years before.

The riots in question occurred in Poso, a hotspot of Christian-Muslim conflict that over 1,000 lives from 1999-2001. According to the Jakarta Post (September 25, 2006),

Tibo, Marinus and Dominggus were convicted of leading a Christian militia that carried out a series of attacks in May 2000 in Sulawesi, including a machete and gun assault on an Islamic school where dozens of men were seeking shelter.

Though a 2001 treaty stabilized the situation, tension remained, occasionally flaring into violence.

The 2001 death sentences of Christian activists also remained, a legacy of the open conflict. Small wonder that their execution triggered further unrest, not only in Poso but in Silva’s hometown in predominantly-Christian West Timor. And aftershocks for months to come — the murder a month later of a prominent Christian cleric, for instance — quelled by security forces sweetened with a bit of goodwill rebuilding.

Jakarta ignored international as well as domestic clemency appeals in carrying out the executions, including from the European Union and the the Vatican. The latter’s argument may have been somewhat compromised under the circumstances by Pope Benedict XVI’s impolitic citation just days before of a 14th-century Muslim-bashing text.

Apart from the humanitarian objections, others more specific to the case were raised in vain: that the trio executed had not been witnessed killing anyone personally, and that the sentences were disproportionate to that received by anyone else convicted in that era’s violence.

But such contentions were easily outweighed by the simultaneous progress of the Bali Bombers case, with the imminent likelihood of a triple-execution of Muslim militants … and the prospect of political fallout if only one faith’s martyrs were let off the hook.

Also On This Date

• 1776: Nathan Hale, with regrets