Category Archives: Ripped from the Headlines

1989: Carlos DeLuna, “I didn’t do it. But I know who did.”

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On this date in 1989, with the last words “I want to say I hold no grudges,” Carlos DeLuna died by lethal injection in Texas

At the time, not many people took seriously DeLuna’s claim that a different Hispanic man named Carlos — one Carlos Hernandez — was the man who actually slashed Wanda Lopez to death in a Corpus Christi gas station on February 4, 1983.

“I didn’t do it. But I know who did.” That’s what he’d told a police officer soon after his arrest.

A generation later, it’s increasingly clear that Carlos DeLuna really didn’t do it … and that he knew who did it, knew he was going to the gurney for the crime of a man whom the state claimed was just a “phantom” invented by the defendant. Just a few months before DeLuna went to his death, that “phantom”, still on the streets, had knifed a four-inch gash in another woman’s abdomen. Carlos Hernandez had even bragged to others that his “stupid tocayo” — namesake — “took the blame for” a murder he’d committed. (Hernandez died in 1999.)

Carlos DeLuna might be the most convincing — Cameron Todd Willingham notwithstanding — instance of wrongful execution in America’s modern death penalty era.

DeLuna was arrested suspiciously hiding under a truck near the scene of a grisly knife slaying at a gas station. A Hispanic man had been reported as the suspect, and the eyewitness was able to identify DeLuna as that man, just moments after his arrest. Case closed.

Except everyone was wrong.

He was hiding because he’d been violating his parole by drinking at a strip club across the street. He chanced to look just like another Hispanic man from the area, a fellow who just happened to be a violent thug. And he didn’t have a spot of blood on him even though the murder scene looked like the set of a slasher film.

“It was an obscure case, the kind that could involve anybody,” Columbia Law Prof. James Liebman said. “Maybe those are the cases where miscarriages of justice happen, the routine everyday cases where nobody thinks enough about the victim, let alone the defendant.”

The facts of the case have been extensively documented elsewhere, including a 2006 Chicago Tribune series* and an entire 2012 issue of the Columbia University Human Rights Law Review, culmination of a years-long project organized by Liebman.

The latter investigation, complete with original source documents, video, and photographs, is preserved for public use at the magnificent Los Tocayos Carlos site. Its intensively-sourced book-length treatment comes highly recommended, but you might need to clear your schedule.

Executed Today is pleased to welcome one of the coauthors of Los Tocayos Carlos, Andrew Markquart — a 2012 graduate of Columbia Law who collaborated with Prof. Liebman on the DeLuna investigation and now practices in New York.

ET: How did you come to focus on this case, and what went into the investigation?

AM: I got involved after my first year at law school. I started out as a research assistant for Prof. Liebman, and he had been working on this project for years in one form or another when I got involved. I had already had quite a bit of interest in death penalty issues, so I jumped on it.

The initial investigation that Prof. Liebman did was back in 2004. He had done a previous study called “A Broken System” in which they found a shockingly high rate of reversals in capital cases. And basically the question that came out of that for him was, what does that mean?

Does that mean that the courts are doing their jobs and there are a lot of reversals because they’re being very diligent?

Or, is that high number indicative of some big systemic problems?

He started out looking at cases in Texas, for obvious reasons, and particularly focused on cases involving single eyewitnesses. This one came out fairly early on, but there wasn’t much about it initially to suggest this was a strong case. But Prof. Liebman was having someone going down to Corpus Christi anyway and had him check it out, and within one day this investigator was able to track down a lead and figure out exactly who this Carlos Hernandez person was who DeLuna claimed was the actual killer. From there the floodgates opened.

This case reads like something out of Dumas … your doppelganger, who looks just like you and also shares your name, commits a crime and you take the rap. Speaking as a layperson, it’s astonishing that Carlos DeLuna explicitly made the very argument you’re making, that this guy Carlos Hernandez was the real killer. But it wasn’t so much that DeLuna’s allegation was considered and rejected as that it was never taken seriously at all, even by his own defense. Why was that?

It’s a good question and it’s one of the major points we tried to make.

At first DeLuna was a little hesitant, with good reason: Hernandez was well-known in Corpus Christi; he was a terror in the town and had been known to use violence against people who threatened to expose him. Eventually the threat of execution overcame that.

His defense team did very little to research what could or would have been his saving argument, and on the flip side the prosecution said Carlos Hernandez didn’t even exist, which is just a mind-blowing claim. This guy had a rap sheet a mile long. He had been a major suspect in 1979 in another murder case involving one of the prosecutors in the DeLuna case.

The defense lawyer in that case did what DeLuna’s lawyer should have done: he called Carlos Hernandez to the stand and basically prosecuted Carlos Hernandez as his defense. He got his client off, and we’re pretty confident from our research that Hernandez was actually guilty of that murder, too.

Hernandez was definitely no “phantom”: he was known to law enforcement, known in the neighborhood. Can you explain why the prosecuting attorneys would make such a claim?

It’s hard to explain. I suspect they probably thought they had the right guy, they probably thought he was making up a bogus story … and they cut a few corners. But that’s speculation.

Your report writes, “Central to DeLuna’s obscurity was the failure of lawyers on the defense as well as the prosecution side to have the curiosity and gumption to look just an inch or two below the surface.” It seems like there just wasn’t much of any work done by any actor to pursue evidence that could defend DeLuna.

Carlos DeLuna’s defense lawyer had trouble getting any kind of funding to do investigation. And this was his first criminal case of any kind, let alone capital case.

The police only investigated for a couple of hours before turning it over to the store manager to clean up to open the next morning. It was a simple case of tunnel vision: they had arrested Carlos DeLuna, they got a quick eyewitness ID, and they thought they were done.

There’s all kinds of evidence at the scene. In the police photos, which are available at our website, there’s a footprint in blood that has to be the culprit’s shoeprint, and they never even saw it. It was that sloppy. You can also see the detective, Olivia Escobedo, literally standing on evidence — a nice metaphor for the investigation.

DeLuna’s lead prosecutor has recently reiterated his confidence in the verdict in the face of your investigation, and said that DeLuna lied about his activities that night. Did he?

Yes, he did. For reasons I can’t make sense of, he either was just severely misremembering, or just made up, some story about hanging out with these girls earlier in the evening that was completely untrue. But the thing about it is that the story as he gave it didn’t even help his case. It didn’t give him an alibi. But it hurt his case, because then they could bring in these girls to testify and destroy his credibility.

It’s hard to figure out what was in his head to say that. DeLuna wasn’t the most intelligent person; his IQ tested just barely above the threshold for cognitive impairment.

The original trial was in 1983, and Carlos was executed in 1989. How representative are the circumstances of this case still, relative to new death penalty trials today or to death row prisoners whose appeals are being handled now?

“[DeLuna]’s lying. He won’t admit it. I hope this is the day he gets it. He’ll lie like he’s been lying and now he’ll have to pay for what he did to my daughter.”
-Wanda Lopez’s mother Mary Vargas, quoted in Dec. 7, 1989 Dallas Morning News

“After carefully reviewing the information recently uncovered and printed by Steve Mills and Maurice Possley in the Chicago Tribune, I am convinced that Carlos DeLuna did not kill my sister and that Carlos Hernandez was the real murderer.”
-Wanda Lopez’s brother Richard Vargas, June 2006

You see these kind of cases and issues come up even today. That’s one point we try to make: yes, this case was from 29 years ago, but a lot of things remain the same.

There was no physical evidence, despite all the blood at the scene: it was just based on eyewitnesses.** And you kind of have a casebook bad eyewitness identification. They didn’t use a lineup; it was nighttime; it was a cross-racial identification, which we know are highly error-prone; he [DeLuna] was in the squad car, at the scene, handcuffed, under a highly stressful environment. You have these kinds of show-up identifications happen all the time, all over the country. They’re rife with error.

I know actually someone in the Texas legislature has introduced a bill to reform the eyewitness identification process.

And there’s a lot of good public defenders out there who really work hard and do good work, but also a lot of underexperienced and overburdened public defenders who are just being crushed. There’s always systemic pressure for cops and prosecutors to cut corners. I certainly don’t think the lessons of Carlos DeLuna’s case have been learned.

In your view, what are the most important of those lessons?

The fallibility of our criminal justice system. Carlos DeLuna wasn’t convicted and executed in some third world country — he was given a trial and a lawyer and appeals and all the other protections and yet he still slipped through the cracks.

And the other lesson is the widespread nature of the factors involved, like the unreliable eyewitness ID. People go to prison on that basis every day. It seems highly likely there are more Carlos DeLunas.

The way that we found this story and developed it was enormously labor-intensive. The number of man-hours that went into this, between authors, investigators, research assistants, and the whole staff of the Columbia Human Rights Law Review … you just can’t do this for every case where there’s some kind of colorable suggestion of the possibility of wrongful execution.

I’d be very surprised if there aren’t more like him.

* The Tribune series on DeLuna began on June 25, 2006 … the day before Supreme Court crank Antonin Scalia taunted in Kansas v. Marsh that there was “not one” case of a “clear” wrongful execution. “The innocent’s name would be shouted from the rooftops by the abolition lobby,” Scalia wrote.

** Eyewitness (mis)identification is also at the heart of the Ruben Cantu case, another suspected wrongful execution in Texas.

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2006: A father-daughter drug smuggling team

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In Saudi Arabia, distinguished as the worldwide capital of beheading, a Pakistani named Mohamed Rafiq Myased and his daughter Abajan (or Apa-jan) were beheaded in Jeddah on this date in 2006 for smuggling drugs.

(Another Pakistani national lost his head in Jeddah 10 days later for the same crime; I’m uncertain whether the cases were related.)

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2012: Richard Stokley, while his accomplice goes free

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On a summer’s day in 1991, Richard Stokley and Randy Brazeal picked up two 13-year-old girls from a fair in Cochise County, Arizona and drove them to the desert. There they raped them, then stomped, strangled and stabbed the two to death and dumped their naked bodies in a flooded mineshaft.

Today, Richard Stokley is set to bewas executed for that double homicide.

His accomplice Randy Brazeal is a free man living in Arkansas.

And little but the chance progress of justice and the human judgment calls that officers of the court make every day will distinguish the fate of two men, even though their trial judge has said that he “didn’t have a feeling that one was less culpable than the other.”

Brazeal, a 19-year-old troublemaker new to the area, and Stokley, a local brute twice his age, would spin different stories about exactly what happened in the desert that night to Mandy Meyers and Mary Snyder: about how the attacks began, and who particpated in what.

Long story short: Stokley’s version had both men as full participants, raping at least one girl apiece and each strangling a different victim. Brazeal’s version had him basically just giving people a ride and Stokley committing the crimes. (It’s not clear whether the victims were abducted from the fair, or went along willingly only to be attacked later.)

Forensic DNA testing was only just emerging in 1991, and it required months to process … months that the state did not have before Brazeal’s murder trial was set to begin. Even then, the state’s attorney worried that “the status of the law is in some question as to whether the DNA evidence would be admissible.”

This uncertainty set the parameters for a plea deal in which prosecutors took the guaranteed conviction and Brazeal dodged the needle. He was released in 2011 after serving concurrent 20-year sentences for second-degree murder.

But weeks after that deal was sealed (and before Stokley’s trial) DNA tests on semen retrieved from Mandy Meyers showed that both men had indeed raped her.

The DNA evidence helped seal Stokley’s conviction, even though it and other forensic evidence around the scene also tended to buttress Stokley’s “equal partners in the crime” story to the detriment of Brazeal’s version.

The net outcome* doesn’t necessarily look like justice. Mandy’s devastated mother, Patty Hancock, has been vocal in the run-up to Stokley’s execution about her disgust with the sentencing disproportion.

“With the evidence that they did have, Randy Brazeal should be sitting right next to Richard Dale Stokley,” she told one reporter. “And I will say that until the day I die.”

Stokley, for his part, filed a similar appeal in the courts as grounds for reducing his own sentence. But even though he’s availed every legal avenue possible, he didn’t bother trying the long odds at a gubernatorial reprieve — instead writing the Arizona Board of Executive Clemency:

I am also sorry I was mixed up in those awful events that brought me to this. I have been sorry for the victims and the victims’ families. But no one wants to hear of my miserable sorrow, they just want for me to get dead, which is vengeance. They think it will bring ‘closure.’ But there is no healing in that. Ever.

I have decided to decline a clemency hearing. I don’t want to put anyone through that, especially since I’m convinced that, as things stand now, it’s pointless. I reckon I know how to die, and if it’s my time, I’ll go without fanfare. And if it ain’t, I won’t. God’s will be done.

God’s will is scheduled for 10 a.m. Mountain time today. (Update: Stokley was executed as scheduled.)

* It’s particularly striking that the man who was more forthcoming and cooperative with investigators ended up with the heavier sentence.

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2012: Ajmal Kasab, 26/11 Mumbai terrorist

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At 7:30 this morning at Yerwada jail in Pune, Maharashtra, the sole surviving author of 21st century India’s most notorious terrorist plot was put to death.

Ajmal Kasab was captured alive after the deadly November 26, 2008 Mumbai terrorist attacks. The “26/11” date will live quite a while in infamy on the subcontinent … as will the chilling CCTV images of the armed and armored Kasab prowling the Chhatrapati Shivaji Terminus. Kasab and his partner in the rail station attack slew more than 50 people that evening, and another dozen-plus policemen in running gun battles as they fled the scene.

This was only one of a multitude of Mumbai targets hit in an audacious attack on that 26/11 by a ten-man team of Lashkar-e-Taiba* Islamic militants, trained in Pakistan. They had sailed in from Karachi (murdering the crew of a small fishing boat they hijacked) just for the occasion.

Kasab’s confederates elsewhere in town achieved a similar body count hitting a pair of five-star hotels, the Taj Mahal and the Oberoi Trident, each of which turned into a multi-day hostage standoff only resolved by a bloody to-the-death shootout with paramilitaries.

Attacks on a cafe and a Jewish center, as well as several timed bombs, also took place. In all, some 166 people — plus nine of the ten terrorists responsible — died, with hundreds more wounded and a nation of more than a billion shaken and angry. It’s one of those cases that make people say, “if ever there was a death penalty case …” Kasab’s speedy dispatch has been a hot political topic since he was first handed a death sentence on May 6, 2010, and the whole affair has not done any favors for the ever-touchy India-Pakistan relationship.

The (usually) sluggish India death penalty process requires that cases cleared by the judiciary receive executive clemency consideration — a stage of the process that often takes years. Recent presidents have tended to stand on only considering such applications in the order they are submitted, and then either granting those clemencies after ponderous review, or scarcely prioritizing any review at all, with further judicial interventions and a shrinking pool of trained hangmen also gumming up the works.

It’s been a recipe for virtual death penalty abolition: the last hanging prior to Kasab’s was in 2004, India’s only other execution this century. This is in a country with one-sixth of the world’s population.

Pranab Mukherjee, India’s new president, took office with a number of presidential clemency applications still pending, some dating back to the late Nineties. While there’s no guarantee that he’ll break with the glacial pattern established by his predecessors when it comes to backlogged everyday criminals, Mukherjee advanced this exceptional petition right to the front of the line and turned it down flat even as Kasab was secretly transferred from his unusual egg-shaped bombproof Mumbai cell to the hanging facility at Yerwada.

“His execution,” said Maharashta Home Minister R.R. Patil, “is a tribute to the victims.”

* Lashkar-e-Taiba also masterminded a 2001 massacre at the Indian Parliament, which brought India and Pakistan to the brink of war.

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2011: Oba Chandler

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

A year ago today, Oba Chandler was executed by lethal injection in Florida for the brutal triple homicide of a Willshire, Ohio mother and her two teenage daughters.

Thirty-six-year-old Joan Mae “Jo” Rogers and her daughters Michelle, 17, and Christe, 14, were vacationing in Florida when they vanished on June 1, 1989. Three days later their bodies turned up in the Tampa Bay. All three were naked from the waist down and had their hands and feet bound, their mouths taped shut, and concrete blocks tied to their necks. Michelle had managed to free one arm before she drowned.


The victims (left to right): Joan, Michelle, and Christe Rogers.

The police initially suspected the girls’ uncle, John Rogers, even though he was in prison at the time.

Rogers had been incarcerated for rape; one of his victims was Michelle, and authorities theorized he had a third party kill her and her mother and sister. Eventually that gentleman was cleared, as was his brother Hal, husband and father of the victims.

The sexual abuse, which had gone on for years, had torn the family apart, and part of the reason for the Florida vacation was so that everyone could relax and get some distance from what had happened. Hal had wanted to join his wife and daughters on their trip, but he had to stay and look after the family’s dairy farm.

The murders and subsequent investigation were covered in heartbreaking detail in St. Petersburg Times reporter Thomas French‘s Pulitzer Prize-winning series here.

Characteristically, local gossip pursued Hal and John for years, particularly Hal. His neighbors in Ohio thought he didn’t appear traumatized enough,* noting that he never cried in public and that he continued to take care of his farm in the wake of the murders.

They didn’t care that the farm was Hal’s livelihood, that cows could not milk themselves. They didn’t care that there was no evidence that he’d left Ohio during the critical time period, and that the police had very quickly cleared Hal as a possible suspect in Jo, Michelle and Christe’s deaths. They didn’t know that he was too traumatized to sleep in his own home and spent months couch-surfing at friends’ houses. They didn’t know that he was devastated, that he’d tried to take his own life at one point so he could be with his family.

As Hal’s sister-in-law said, “There’s no protocol here. There’s no Murder 101 class. No Grief 101 that anybody thinks to give you.”

Stranger-on-stranger crimes are incredibly difficult to solve. It wasn’t until October 1989 that the police linked the Rogers family’s murders to the rape of a Canadian tourist that had happened in May, two weeks before the triple homicide. The rapist had lured the woman out onto a boat, threatened to kill her, and threatened to duct-tape her mouth if she didn’t stop screaming. After the rape he apologized to her, threw up over the side of the boat, took her to shore and let her go.

Police released a composite sketch of the woman’s attacker, whom they believed was the same man who killed the Rogerses. That got over 400 tips from the public, but none of them panned out.

Twice, the case appeared on the popular television show Unsolved Mysteries.

The authorities found some driving directions written on a brochure in Jo’s car which were not in her handwriting and which they thought were written by the murderer; they released samples to the public in the hopes that someone would recognize the writing.


Composite sketch of the suspect (top); Oba Chandler as he looked around the time of his 1992 arrest (bottom).

Finally they got a break: one of Chandler’s neighbors recognized the sketch of the rape suspect and turned his name over to the police. That same neighbor had hired Chandler to build out her porch, and she had a copy of the contract he’d written out for her. She turned the contract over to the authorities, and handwriting experts determined it was written by the same man who wrote the driving directions found in Jo’s car. Investigators also found Chandler’s palm print on the brochure.

In September 1992, convinced that they were on the right track, the police flew to Canada to interview the rape survivor from May 1989. She picked Chandler’s photo out of a line-up. With that, the authorities finally had enough evidence to make the arrest.

Chandler, an Ohio native like his victims, gave the impression of an ordinary, mild-mannered sort, but he was in fact a career criminal: he went by many alias names and had an arrest record dating back to when he was fourteen years old, for a wide range of offenses including car theft, robbery, kidnapping, receiving stolen property, possession of counterfeit money, and various sex crimes. By the time of his 1992 arrest he had racked up six felony convictions.

Chandler testified at the murder trial, against the advice of his attorney, and admitted he had met the three victims and given them directions. He could hardly deny that, given the handwriting and fingerprint evidence.

He did deny having ever seen them again after that, and he swore he’d never taken them out on his boat and never harmed them. He called the very idea “ludicrous.” In fact, he maintained his innocence until his death.

But the prosecution eviscerated him during cross-examination. Chandler claimed that on the night of the murders he’d gotten stuck out in Tampa Bay when his boat’s fuel line sprung a leak and he ran out of gas. A boat mechanic employed by the Florida Marine Patrol examined the vessel and determined that this story was impossible: the boat had an anti-siphon valve that would have prevented a leak.

The Canadian rape victim was permitted to testify. She didn’t cry as she described what happened to her, but some of the jurors did. One of Chandler’s adult daughters (he had eight children by seven different women) also testified, saying her father had told her he’d raped a foreign tourist and also killed some women in Florida.

The judge who presided over the trial later said Chandler was “the vilest, most evil defendant I ever handled.” When the jury retired, they took an initial poll among themselves and discovered that all twelve believed he was guilty. For form’s sake, however, they waited an hour and a half before returning with their verdict.

There’s some speculation that Chandler was involved in other murders besides those of the Rogers family.

Linda Lois Little, a Daytona Beach woman, disappeared on his birthday in 1991 and was never found. One of Little’s sisters thinks saw him at her apartment complex a few days before Little disappeared. Chandler refused to answer law enforcement’s questions about Little’s disappearance and his involvement has never been proved one way or the other.

During his seventeen years on death row, Chandler never had a single visitor, not even any of his own relatives. The execution, which went smoothly, was attended by Michelle and Christe’s cousin, as well as a reluctant Hal Rogers. He remarried more than a decade after his family’s murder and became a stepfather of four, but wasn’t able to have any more children.

When asked if he had any last words, Chandler simply answered, “No.” He did leave a written statement that simply said, “You are killing an innocent man today.”

No one believed him.

* “Didn’t display the right kind of grief in the right kind of way for the right amount of time” was also one of the raps on wrongly executed “arsonist” Cameron Todd Willingham.

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2009: John Muhammad, D.C. sniper

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On this date in 2009, D.C. sniper John Muhammad was executed by lethal injection in Virginia.

Muhammad — born John Allen Williams; he renamed himself after joining the Nation of Islam — authored with Lee Boyd Malvo, a juvenile collaborator under his sway, a spree of random sniper attacks around the Washington D.C. suburbs that terrified the nation’s capital in October 2002.

The two were captured together sleeping out in their sniper-mobile — a Chevy Caprice with a hole drilled in the trunk for taking concealed potshots at gas stations and mall parking lots and the like. Although arrested initially in Maryland, the U.S. Attorney General forced their case to the more aggressive death penalty jurisdiction of Virginia. (The two killed people in both states, tallying 10 dead and three wounded all told.)

From the time of his Oct. 24, 2002 arrest until the very end, Muhammad was frustratingly tight-lipped about how and why the carnage took place. Was it personal pique? Religious terrorism? Just a regular criminal racket?

In 2006 testimony, a now-contrite Lee Malvo — at one point he addressed Muhammad directly, saying “You took me into your house and you made me a monster” — outlined a plan that constituted a fearsomely nutty combination of motives: use the mayhem to extort millions of dollars, then take the money and set up a Canadian camp for 140 homeless black youth and rear them as terrorists. It’s just possible that this proposed enterprise pushed every single button in the collective American id.

(Malvo himself pled out to the murders, accepting six life sentences.)

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2005: Brian Steckel, the Driftwood Killer

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On this date in 2005, Brian Steckel was executed by lethal injection for a Delaware rape-murder.

Steckel got 29-year-old Sandra Lee Long to let him into her apartment on the pretext of making a phone call. (This was 1994, pre-cell phones.) Then he throttled her, sodomized her, raped her with a screwdriver, and set her bedroom on fire. Then he fled. (Long survived the immediate attack; she would die of smoke inhalation from the arson.)

Hours later, he called The News Journal identifying himself as the “Driftwood Killer” and threatening his next prospective victim by name. Police took that woman into protective custody and traced harassing calls she’d been receiving to Steckel, who obligingly confessed when arrested.

And investigators took Steckel’s threats at their word — as well they might with Long’s ghastly murder already under his belt — and counted themselves lucky to have nipped a potential spree killer in the bud. Steckel “thought about committing a murder for a long time,” New Castle County detective John Downs said. “We got him relatively early in his career. This was something he’d worked at.”

Fond of the drink and none too stable, Steckel menaced his own attorneys, spat at prosecutors, soaked up the media attention, and sent dozens of letters from prison, including Long’s autopsy sent to Long’s mother with a scribbled taunt reading “Happy, Happy. Joy Joy. Read it and weep. She’s gone forever. Don’t cry over burnt flesh.” He also made and retracted various dubious confessions to various murders in various states, and alternated between slandering his (known) victim and calling himself an “animal” for killing her.

If the evil was unfeigned, so was the remorse. At the end of his trial, he surprisingly addressed the the jury with an assent to his own execution.

I didn’t know how to say I’m sorry. How do you tell someone’s family you’re sorry for strangling them? … How do you do such a thing? I don’t know. I ask you people to hold me accountable for what I did. I’ve gotten away with so much in my life that I stand here today … I know I deserve to die for what I did to Sandy. … I’m prepared to give up my life because I deserve to.

He carried a like sentiment to the gurney, where he was apologetic to the victim’s mother he had once mocked.

I want to say I’m sorry for the cruel things I did. I’m not the same man I was when I came to jail. I changed. I’m a better man … I walked in here without a fight, and I accept my punishment. It is time to go. I love you people … I’m at peace.

At this point where the repentant felon ought to close his eyes and exit, an awkward 12-minute delay followed while the lethal injection machine clicked several times and Steckel remained lucid, appending his last statement with observations like, “I didn’t think it would take this long.”

While state officials denied there was any problem with the exceedingly slow lethal injection, Steckel did not appear to have been rendered unconscious, and was awake when he finally snorted and convulsed into death.

Attorney Michael Wiseman, pursuing a later lawsuit against the state’s death penalty procedure, claimed that the main IV line was blocked and when executioners switched to the backup line, they didn’t bother (pdf) re-administering the anesthetic sodium thiopental that forms the first drug of the basic three-drug lethal injection cocktail. That omission meant that Steckel would have been conscious when he was hit with a paralytic dose of pancuronium bromide, and still conscious when that was followed with an excrutiating heart-stopping shot of potassium chloride. (More on the process.)

Wiseman even got a member of the execution team to testify that he was “okay with” causing Steckel suffering owing to the bestial nature of Steckel’s crimes. (The source for this is the January 29, 2009 News Journal; the article is no longer available online.)

A federal circuit court rapped Delaware for “occasional blitheness” and “isolated examples of maladministration,” but rejected the lawsuit.

After a five-plus year hiatus following Steckel’s execution, the Blue Hen State resumed executions in 2011, switching for the occasion to the trendy new anesthetic drug pentobarbital since execution chambers can no longer get hold of sodium thiopental. Just like Brian Steckel.

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2012: Eric Robert, determined volunteer

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Tonight at 10 p.m. local (U.S. Central) time* in Sioux Falls, South Dakota will administer a toxic lethal injection to Eric Robert … with Robert’s complete consent. (Update: Robert has indeed been executed as scheduled.)

Robert will reach the gurney on the greased-lightning legal path, thanks to his own willingness to die.

It’s a mere 18 months since Robert (then serving a prison term for kidnapping) and another convict murdered guard Ronald “RJ” Johnson for his uniform during an unsuccessful escape attempt.

Robert pled guilty, requested the death penalty, and waived his appeals. This phenomenon is surprisingly common; the Death Penalty Information Center’s invaluable executions database classifies over 10% of modern U.S. executions as voluntary. (138 volunteers out of 1,308 total executions as of this writing: Robert will be the 139th and 1,309th)

While many of those abandoned their appeals in despair once they’d been on death row for a while, Robert has shown uncommon clarity of purpose from the very first, and his firm and intelligent resistance to any attempt to intervene against his death sentence has undermined any possible argument that the guy isn’t in his right mind. So far as anyone can tell, he sincerely believes in a retributive criminal justice ethos.

It might help that the man has followed an atypical criminal arc. He has a biology degree and was a law-abiding wastewater treatment supervisor and Little League coach until he weirdly posed as a police officer and kidnapped a teenager in 2005.** (He says he was drunk.)

Robert even complained publicly when South Dakota nixed a spring 2012 execution date to conduct the mandatory appellate review all capital cases receive; he wrote a letter to the Associated Press saying that he would kill again.

“Victims of non-capital offenses receive their justice when the perpetrator is placed in custody,” Robert wrote. “Victims in capital cases receive their justice when the perpetrator is executed.” That might indeed constitute a persuasive reason to execute Eric Robert, though the same logic would just as readily dispute the suitability of the death penalty as public policy. It’s invariably justice delayed, after all.

I am free to admit my guilt, as well as acknowledge and accept society’s punishment just as I am free to proclaim innocence in defiance of a verdict. I believe that the sentence of death is justly deserved in any murder and should be carried out … Give the Ron Johnson family their justice, they have been forced to wait too long. I finish where I started — I deserve to die.

The court soon obliged him. With legal interventions seemingly at an end and no reason to expect a change of heart from Robert (who could stop the proceeding at any time by announcing his intent to file additional appeals) his execution tonight appears to be inevitable.

And if legal maneuvering has been light, South Dakota — whose 2007 execution of Elijah Page, another volunteer, was the first in that state since the Truman administration — has not been spared the lethal injection misadventures that have bedeviled American death chambers the country over.

Sodium thiopental, one of the drugs used in the classic three-drug lethal injection cocktail, has become very hard to come by for executions. In 2011, South Dakota was exposed for having purchased a supply of unlicensed thiopental from the India company Kayem Pharamaceuticals.

That led South Dakota to switch its lethal injection process to instead use pentobarbital, again following a nationwide trend. Pentobarbital executions have been subject to their own legal challenges, and in South Dakota such suits have been pushed by advocates for Donald Moeller.

Moeller is the next man scheduled to die at Sioux Falls; like Robert, he’s a volunteer, and he’s successfully rejected the “assistance” of the pentobarbital appeal. If all goes to plan Moeller will die during the week of Halloween: two executions in three weeks for a state where the death chamber went unused for a lifetime.

* See this handy list of the times of day each U.S. jurisdiction conducts its executions. The time is rather unusual; many states have moved away from the stereotypical “midnight assassination” late-night execution in favor of something more proximate to business hours.

** The available public evidence suggests Robert perhaps (and understandably) loathes incarceration; rather than shibboleths about society’s punishment, Robert fought to reduce his kidnapping sentence to bring a potential parole opportunity within his grasp. The escape attempt and bluster about killing people happened after those kidnapping appeals foundered.

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1975: The last executions under Franquismo

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Though Spain’s last execution is often misremembered as that of handsome anarchist Salvador Puig Antich in 1974, that milestone actually occurred with the shooting of five anti-Franco terrorists in three different cities on September 27, 1975.

It was an ugly coda to an ugly regime and a 40-year history of political killings.

Gen. Francisco Franco had the previous year been forced by his failing health to hand over power, raising hopes for a democratic transition. But after surprisingly recovering, Franco surprisingly took back his strongman role — and anti-Franco revolutionary movements that had been biding their time greeted the return of Franquismo with a wave of bombings and assassinations.

Spain’s cabinet met in September 1975 to consider eleven death-sentenced prisoners — three Basques of the separatist ETA, and eight members of the communist revolutionary organization FRAP. It upheld five of those sentences, all involving the killing of policemen. (Two women, who both claimed to be pregnant, were among those reprieved.)

The five who ultimately died were (and these are all Spanish Wikipedia links):


Headline from the London Times, September 27, 1975. The garrote was not, in fact, used for any of the executions.

The shootings met angry — often violent — reaction throughout Europe. Spanish embassies in the Netherlands and Turkey were attacked; several countries recalled their ambassadors; and French protesters rioted on the Champs Elysees. The EU predecessor entity EEC (Spain was not then a member) voted to freeze its trade relations with Spain.

And it was about more than just the five humans shot to death.

They had all been condemned within a month before their deaths, by military tribunals requiring harsh mandatory death sentences for crimes against public order. As the unsettled situation on the ground implied quite a lot of disorder and anti-government violence, observers worried that the regime’s willingness to actually carry out those sentences would unleash a “death machine” of unstoppable condemnations, met with inevitable reprisals, and still more unstoppable death sentences. Satans mördare, in the words of outspoken Swedish Prime Minister Olof Palme. Devilish murders.

The devil had plans for a different soul.

The ailing Franco succumbed to Parkinson’s Disease on November 20, 1975, once again introducing the period of relative calm and stability that Spain could have been enjoying for the previous year had the late caudillo just stayed in retirement. Spain abolished the death penalty under its post-Franco constitution.

Spanish-speakers may enjoy this documentary focusing on one of this day’s victims: parts 1 | 2 | 3 | 4 | 5. Indeed, this gruesome parting Franco made with his mortal coil has inspired many remembrances up the present day, especially given the martyrology-friendly anti-fascist credentials of the five. There’s also a 1991 film called The Longest Night and the Luis Eduardo Aute song “At Dawn”:

* This man’s widow Silvia Carretero, who was herself arrested and tortured (while pregnant!) under Franco, pushed an unsuccessful 2010 lawuit for her husband’s execution.

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2003: Vignes Mourthi, framed in Singapore?

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On this date in 2003, 23-year-old Malaysian Vignes Mourthi was hanged in Singapore’s Changi Prison as a drug courier, along with his supposed collaborator Moorthy Angappan.

Mourthi vigorously maintained his innocence, and his family has done likewise in the years since, helping turn the young factory worker into a wrongful-execution poster child.

It was a Sgt. Rajkumar who arrested Mourthi by posing as a buyer of his cargo. Rajkumar would later present an undated, unsigned “confession” purporting to show that Mourthi was completely aware that it was heroin he was moving. At first read one might might indeed doubt Mourthi’s insistence that he thought he was carrying “incense stones” … but his compatriot Angappan was indeed an incense dealer and a family friend known to Mourthi as such.

British journalist Alan Shadrake‘s 2010 indictment of Singaporean justice Once a Jolly Hangman (banned in its titular city-state) calls Mourthi’s hanging “arguably one of the most appalling miscarriages of justice in Singapore’s history”.

Rajkumar’s testimony about Mourthi’s confession was instrumental in hanging the young man, but just a couple of days after he arrested Mourthi, Rajkumar himself was arrested (and then released on bail) on a rape accusation. According to the recent book Once a Jolly Hangman, whose denunciations of Singapore’s death penalty system earned its author a prison term in the repressive city-state,

Intense efforts were … made by Rajkumar’s many friends in the CNB and a police friend at Clementi Police Station to persuade ‘J’ to withdraw her statement. The bribes involved large sums of money, which she refused … There were frantic, secret meetings between Rajkumar, his police officer friends and his accuser in shopping malls and fast-food outlets during which he, his family and friends continued to offer large sums of money in exchange for withdrawing her allegations. All this intrigue was going on while Rajkumar was busy getting enough evidence together to ensure Mourthi would be found guilty and hanged.

So. That’s less than ideal.

Sadly for the accused, none of this credibility-melting information was ever known during Mourthi’s trial and appeal. After Mourthi’s execution, the bad cop who hanged him went on trial for corruption over his witness-tampering, and eventually served 15 months.

Certainty is never given to mortals. But Mourthi’s father for one has no doubt: “I know he is innocent.”

On this day..