Category Archives: Lethal Injection

1998: Jeremy Vargas Sagastegui

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On this date in 1998, Jeremy Vargas Sagastegui completed his suicide-by-executioner.

Babysitting on November 19, 1995, for a friend in the small town of Finley, just east of the Tri-Cities, Sagastegui raped and drowned his three-year-old charge Kievan Sarbacher, then awaited the return of Kievan’s mother to shoot her dead too, along with her friend.

As a capper, he stole Melissa Sarbacher’s truck, too — but he wasn’t trying to flee. The next morning when detectives showed up at Sagastegui’s Kennewick apartment, he had his bloody clothes, his rifle, and the stolen vehicle waiting to turn over to them. From that time until he was stretched on a gurney at the Walla Walla penitentiary, he had one steadfast refrain: he wanted the death penalty, as soon as possible.

Sagastegui acted as his own attorney, and put on no defense save to encourage his jurors to end his life. “I killed the kid, I killed the mother and I killed her friend,” he advised them. “And if their friends had come over, I would’ve killed them, too.” He pursued no appeals, and fought off attempts by his mother to make legal interventions on his behalf — her arguments were that he was severely mentally ill, and had been abused as a child — and used the legal capital punishment apparatus to do himself in. There was no final statement.

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2000: Ricky McGinn

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“I thought being away from the prison system would make me think about the things I’d seen less, but it was quite the opposite. I’d think about it all the time. It was like I’d taken the lid off Pandora’s Box and I couldn’t put it back on.

I’d open a bag of chips and smell the death chamber, or something on the radio would remind me of a conversation I’d had with an inmate, hours before he was executed. Or I’d see the wrinkled hands of Ricky McGinn’s mother, pressed against the glass of the death chamber, and I’d dissolve into tears.

–Michelle Lyons, former spokesperson for the Texas Department of Criminal Justice, on the burden she carries from witnessing some 300 executions. McGinn was executed by lethal injection on September 27, 2000, for raping and murdering his 12-year-old stepdaughter.

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2006: James Malicoat, little Pranzini

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On this date in 2006, James Malicoat was executed in Oklahoma for beating to death his 13-month-old daughter.

As a criminal case, the matter was open-and-shut. “Malicoat admitted hitting Leadford’s head on a dresser a few days before she died and punching her twice in the stomach the day she died, causing her to stop breathing,” the Oklahoma Attorney General’s statement noted. “Malicoat used CPR to revive her before lying down beside her to take a nap. When he awoke, Malicoat noticed Leadford was dead. He put her in her crib and covered her with a blanket before going back to sleep. When Leadford’s mother returned from work, the couple rushed the child to the emergency room, but staff there determined she had been dead for several hours.” The killer never attempted to deny what he had done; even at his clemency hearing, he didn’t request mercy.

While his case made its ponderous path through the judiciary, Malicoat came into the correspondence of a Benedictine monk from a nearby monastery.

“When I first saw the crime, I thought, ‘He needs a friend more than the others. Everyone is going to shrink back because the crime was so horrendous,'” said Brother Vianney-Marie Graham in this moving profile of the two men’s relationship, which spanned the last five years of Malicoat’s life.

In long letters and intermittent visits, Graham coaxed the already-penitent Malicoat towards a spiritual catharsis — often calling him “my little Pranzini” in reference to an inspiration for his mission, the condemned 19th century French murderer Henri Pranzini whose soul was famously won for God by the ministry of Saint Therese of Lisieux. By coincidence — or was it more? — Pranzini and Malicoat shared an August 31 execution date.

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2020: Lezmond Mitchell

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Although overshadowed by wildfires, hurricanes, political drama, economic collapse, civil unrest, and a goddamned pandemic, a noteworthy federal execution took place on August 26, 2020.

Lezmond Mitchell, the only Native American on federal death row, was killed by lethal injection at Terre Haute, Indiana for murdering 63-year-old Alyce Slim and her nine-year-old granddaughter Tiffany Lee. The offender and both victims were members of the Navajo Nation, and the crimes occurred on the Navajo Reservation in the northeast corner of Arizona.

Mitchell and a companion named Johnny Osringer — underaged, and therefore serving a life sentence instead — were picked up hitchhiking by the victims in 2001. They stabbed Alyce Slim to death when she stopped to let them out, then to murder the terrified little girl in greater privacy, drove her 30 miles into the mountains sitting next to her grandmother’s bloody corpse.

The horrific crime carried with it a problematic jurisdictional question that’s legacy of the continent’s Anglo conquest.

Within their treaty lands, indigenous nations still assert internal sovereignty when it comes to handling criminal offenses — sovereignty that Congress has legislated against by placing some big-ticket crimes like murder and rape under federal jurisdiction.

Neither this arrogation of authority in general nor its application to Mitchell in particular have been embraced by the Navajo Nation, which has advocated against the execution for many years and on the day it occurred issued a statement denouncing it.

The Navajo Nation’s position, from the beginning, was to advocate for the sovereign status of the Nation. Our decision not to accept the death penalty in federal cases remains a Navajo decision, but in this instance the federal government ignored the Navajo Nation. This is an affront to our Nation because we should be the ones to decide these matters. The federal government charged a crime that was added in 1994 to the Federal Death Penalty Act and blindsided the Navajo Nation by using this to sidestep the Navajo Nation’s position.

We have a court system that is fair and just for all persons. We have laws that protect our People. We have brave men and women on our police force to watch over us. Crimes committed on the Navajo Nation are for us to decide. Our judicial and public safety system considers restorative justice in court cases as based on our custom and traditions of hozho’ and k’e. Federal officials may not understand our family connections and our strength in keeping harmony. So, we invite them to meet with us and find an answer to address this important death penalty matter.

The Navajo Nation asked for clemency in Mr. Mitchell’s case in changing his sentence to life in prison without possibility of release. This is the same request supported by U.S. Senators, U.S. House Representatives, Tribal Nations, and tribal organizations. But our collective voice was ignored. We don’t expect federal officials to understand our strongly held traditions of clan relationship, keeping harmony in our communities, and holding life sacred. What we do expect, no, what we demand, is respect for our People, for our Tribal Nation, and we will not be pushed aside any longer.

We thank the many Tribal Nations who supported the Navajo Nation’s stand on sovereignty, and we appreciate the Tribal organization’s letters advocating for tribal sovereignty. We now call on all Tribal Nations and Tribal organizations to begin a dialogue on a respect for tribal sovereignty, respect for all Tribal Nation, and respect for Native Americans. We are moving forward in this fight and we ask all to join us.

Mitchell’s was the fourth federal execution conducted in little more than a month as part of a calculated campaign by Trump administration attorney general William Barr. Prior to the current paroxysm, the United States federal government (as distinct from its 50 states’ separate jurisdictions) had conducted only three executions — all in the early 2000s, most notably Oklahoma City bomber Timothy McVeigh — in the past 57 years.

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2003: Allen Wayne Janecka, hit man

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Contract killer Allen Wayne Janecka was executed in Texas on this date in 2003.

This bearer of the classic middle name was the instrument and the last casualty of a Houston insurance agent’s campaign for blood money. Markham Duff-Smith, the insurance agent in question — a man whose lifestyle rather outstripped his premiums — had hired Janecka way back in 1975 to murder his, Duff-Smith’s, adoptive mother so that he could take early collection on some inheritance.

Janecka did that, and everyone got away with the crime, Gertrude Duff-Smith Zabolio being taken for a suicide. But of course Duff-Smith’s issue was voracity and by 1979 he’d burned through the windfall … and he ran the same play a second time, retaining Janecka to murder his adoptive sister Diana Wanstrath, her husband, John; and their 14-month-old son, Kevin. When this trio was found shot to death, the coroner initially ruled it a murder-suicide.

A Javert-like detective who was convinced of foul play cussedly kept the investigation going, even publicly airing his dissent from the official finding which caused Duff-Smith to contemplate whacking him. When the only tool you have is a hit man, every problem looks like a hit.

(Janecka in this instance was the voice of reason, refusing the contract on the obviously correct grounds that such an act would bring way too much heat. You can read all about dogged investigator Johnny Bonds in The Cop Who Wouldn’t Quit.)

Not until late 1980 did the needed break emerge, in the form of some incriminating letters between Duff-Smith’s go-between and Janecka. The latter’s unveiling in the suspect brother’s orbit soon exposed the murder scheme, including the 1975 hit.

Duff-Smith was executed in 1993 for instigating the whole catastrophe.

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2020: Daniel Lewis Lee

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This morning in Terre Haute, Indiana, like the French guillotine making its way to the western front, America’s twilight men saluted Bastille Day by animating their empire’s creaking machinery on an absurd project to kill one guy to nobody’s edification in the midst of a rolling bloodbath.

Back in 1996, Daniel Lewis Lee traveled from Washington state to Arkansas with fellow white supremacist Chevie Kehoe where they slaughtered a family of three in the course of a robbery aimed at financing a racist enclave in the Pacific Northwest. Gun dealer William Mueller, his wife Nancy, and their eight-year-old daughter Sarah Powell were bound hand and foot and suffocated with plastic bags taped over their heads, before being dumped in a bayou. Kehoe and Lee netted $50,000 in cash and weapons.*

Yet family members of those victims were the most vocal critics of executing Lee.

For one thing, everyone involved in the case, including the prosecuting attorney and trial judge, agrees that Kehoe was the instigator of the crime. But perversely, it was Kehoe who received the lighter sentence. Sometimes this occurs when a wily ringleader turns state’s-evidence against his confederates; in the case at hand, it might have been nothing but the comparative visual affect presented to jurors by the baby-faced Kehoe as compared to the menacing Lee, one-eyed (courtesy of a bar fight) and swastika-tattooed. The two were tried and convicted together in a death case; when the jury returned a life sentence for Kehoe, the U.S. Attorney on the case attempted to withdraw the death notice still pending against Lee, only to be overruled by higher-ups at the Department of Justice.

Earlene Peterson, Nancy Mueller’s mother and Sarah Powell’s grandmother, “believes the jury’s prejudices led to Kehoe and Lee receiving different sentences,” according to a Reason magazine profile.

“Chevie Kehoe was dressed very nicely, like a young businessman, and Daniel Lee was not,” Peterson said, noting that Lee was missing an eye and had a swastika tattooed on his neck. “He looked like an outlaw,” and “was instantly judged the minute he walked into the courtroom,” she says.

And Peterson, joined by several other family members, didn’t want anyone whether businessman or outlaw executed in her name.

Peterson, her granddaughter Monica Veillette, and Kimma Gurel (Nancy Mueller’s sister) sued in federal courts arguing that conducting the execution in the midst of the dangerous COVID-19 outbreak frustrated their right and expressed desire to witness Lee’s execution. But what they would have preferred most of all would have been no execution at all, regardless of COVID; they petitioned President Trump to this same effect.** “For us it is a matter of being there and saying, ‘This is not being done in our name; we do not want this,'” Veillette told the press.

As everyone knows, victims/survivors with an attitude of clemency get no special consideration in the breach from the closure-for-victims crowd. Thus while Attorney General William Barr scheduled Lee’s execution — along with four others — last year to the familiar strains of “We owe it to the victims and their families to carry forward the sentence imposed by our justice system,” his agency defeated these victims’ family members by arguing that their allowance to witness the execution was in fact not any sort of “right” that anyone was “owed.” The first federal execution in 17 years was delayed half a day from its Monday-afternoon schedule by a last-minute judicial injunction that was predictably reversed by the Supreme Court: that issue concerned the lethal injection drug selection.

Peterson, Veillette, and Gurel did not in the end attend the execution, for fear of the coronavirus. Besides being afoot broadly, it was known to have broken out in the Terre Haute federal prison. In fact, one of the execution planners tested positive for COVID-19 just days before the execution and the small viewing chamber reserved for official witnesses makes no allowance for social distancing. (Prison officials and the “Appalachian pagan minister” present to conduct the execution itself also wore no masks, nor did the executed criminal himself.) Considering the short shrift federal authorities have given to protective measures surrounding people who didn’t commit triple homicide, it’s no surprise that the pandemic was also no obstacle, with Barr making the Orwellian assurance — which doubles as a distillation of his philosophy of governance — that his team could “carry out these executions without being at risk.”

* Lee later also pipe-bombed the Spokane, Washington, city hall.

** Lee’s was the first execution to proceed on Donald Trump’s say-so.

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2004: David Harris, Errol Morris subject

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Errol Morris’s classic 1988 docudrama The Thin Blue Line helped to exonerate former death row inmate Randall Dale Adams.* He’d been convicted of shooting a Dallas police officer to death during a traffic stop.

On this date in 2004, the man who really pulled the trigger, David Ray Harris, received lethal injection. It wasn’t the murder of Officer Robert Wood he was being punished for: after more or less confessing the crime to Morris’s recorders, Harris was never charged with it. By that time, he was already on death row for an unrelated 1985 murder.

Randall Adams published a book about his ordeal. He died of brain cancer in 2010.

* Adams avoided execution in 1980 and had his sentence commuted. He was still in prison, but no longer on death row, at the time of the film’s release. He was released outright in 1989. Filmmaker Morris describes how he came to make the film — and how Adams “never will be exonerated” officially — in this interview with Bill Moyers.

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2002: Johnny Joe Martinez

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“My client, Johnny Joe Martinez, was executed on Wednesday, May 22. The time of death was 6:30. Two days before, the Texas Board of Pardons and Paroles voted against commuting Martinez’s death sentence to a sentence of life in prison by a vote of 9 to 8.”

This is from a touchingly personal obituary written by Martinez’s attorney and friend, David Dow — a prominent anti-death penalty advocate who has bylined several books.

A few books by David Dow

As indicated by drawing eight favorable votes from the notoriously commutation-averse Texas Board of Pardons and Paroles, Martinez‘s was an unusually sympathetic case.

Twenty years old and drunk, he’d successfully shoplifted some stuff from a Corpus Christi 7-11 late one night, then impulsively returned and robbed the till with a pocket knife to the neck of the clerk, Clay Peterson. He got $25.65 from the register, then suddenly stabbed the unresisting Peterson about the neck, back, and shoulders. You already know that the wounds proved fatal.

Seemingly stunned by his own senseless action, Martinez fled the store in tears, confusedly discarding the knife, then directly turned himself in to police. He couldn’t explain why he’d attacked Clay Peterson. “I don’t know. That’s a question I will never be able to answer.”

He was always going to be convicted of this crime, but a robust defense during the penalty phase of the U.S.’s distinctive bifurcated capital trial process had a high probability of success. Martinez had no criminal history and was obviously sincerely remorseful. You’d have a strong argument to make that he posed as little a future risk to society as one could imagine of a murderer.

Such a defense was not forthcoming, and because the lawyers who handled Martinez’s state appeals (Mr. Dow did federal appeals) also failed to mention it, the entire question became procedurally defaulted. One does not wish to verge into special pleading on behalf of a man who gratuitously took a life. But, weighing aggravation and mitigation is the very crux of the entire enterprise: the point of the death penalty machinery is to select from among homicides the worst crimes and criminals most exceptionally deserving of capital punishment. Were the threshold of “worst” implied by Martinez’s sentencing to be applied generally, there would be thousands of U.S. executions per annum.

Martinez in the end had a better hearing on this score from Clay Peterson’s mother than from the courts. Lana Norris met with her son’s killer personally shortly before the execution — gave him her forgiveness — and appealed for his life, a gesture that Martinez recognized appreciatively in his last statement seconds before the lethal drugs began flowing.

“Please do not cause another mother to lose her son to murder, needlessly!” she wrote to that same clemency board that would refuse Martinez’s appeal by a single vote. “There is no doubt in my mind, that to execute Mr. Martinez would be a double crime against society. Here is a young man that has truly repented and regrets his actions.”

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2020: Walter Barton, coronavirus milestone

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Missouri graced America with her first coronavirus pandemic execution tonight.

Aptly emblematic of a moment where crumbling institutions reveal the post-Cold War empire’s far-advanced rot, Walter “Arkie”* Barton’s death on the gurney culminated three decades of shambolic re-prosecutions, reliant in the end for their victory on nothing but the unequal strength of the prosecutor’s office and the willingness of courts to certify junk science as real evidence.

The victim of the murder was the 81-year-old manager of Riverview Trailer Park, where Barton lived. He was friends with that woman, Gladys Kuehler, and visited her the afternoon of her murder; later, he together with Kuehler’s granddaughter and a neighbor discovered the woman’s body. She’d been sexually assaulted and horribly knifed, slashed and stabbed more than 50 times.

The key bits of evidence convincing jurors — several of whom submitted affidavits during Barton’s clemency stage regretting their findings — that Barton had been the author of this savage attack were essentially two:

  1. Blood-spatter expert testimony that a drop of blood on Barton’s shirt that was a DNA match for Gladys Kuehler had arrived there via a “high-impact” splat at velocity –i.e., flying fast off the murder weapon. This stuff is humbug of the same genus as the burn pattern pseudoscience that wrongly executed Cameron Willingham, and more importantly it’s conspicuously silent on why Barton, who didn’t change or wash his clothes, wasn’t ribboned with high-impact bloodstains from his slasher-film murder. His own hypothesis that he picked up a spot of blood at the time he helped discover the body is at least as compelling an explanation.
  2. The ubiquitous jailhouse snitch, behind bars for a list of frauds as long as your arm, to whom Walter Barton, that fool, just spontaneously confessed even while otherwise maintaining his innocence to everyone else who would listen. The use and abuse of these finks, whose comforts are directly controlled by one party in the adversarial hearing, is a factor in a great many wrongful convictions.

Aggressively prosecuted by an attorney general — Jay Nixon, subsequently Missouri’s governor — more politically ambitious than forensically rigorous over the span of no fewer than five trials, then upheld by a split 4-3 vote in the state’s highest court, this met the emptiest formal standards of technical sufficiency to take the life of Arkie Barton, a sort of hollow malevolent pantomime of a functioning liberal democracy’s justice system.

Barton’s was just the sixth U.S. execution of 2020, and the first since COVID-19 torpedoed everything in mid-March. The last previous U.S. execution was that of Nathaniel Woods in Alabama, on March 5. Various states have delayed scheduled execution dates during the 11 intervening weeks, but those and others loom on the dockets as states push to reopen once it’s semi-safe to operate the machinery of death.

* Because he hailed originally from Arkansas.

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2012: Zhang Jianfei, job-seeker

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From Xinhua on May 12, 2012:

A 50-year-old man was executed in Beijing Friday for killing two and injuring 14 others in the capital’s downtown area in 2009.

Zhang Jianfei, a native of northeast China’s Jilin province, was found guilty in 2010 of endangering public security by stabbing two to death and injuring another 14 in the Dashila area on Sept. 17, 2009.

Tourists, security guards and salesmen at roadside shops were among the victims.

Zhang, a former worker at a primary school in Yongji county of Jilin, blamed his actions on him becoming emotionally distraught while looking for a job.

He argued that he was drunk at that time, and but forensic doctors concluded following an investigation that Zhang was only slightly drunk and had the full ability to control himself.

Zhang’s death penalty was meted out in November 2010. The verdict has been approved by the Supreme People’s Court, as required.

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