1989: Horace Franklin Dunkins, Jr., “just hope that he was not conscious”

Minutes after midnight this date in 1989, Alabama’s executioners electrocuted a developmentally disabled murderer. Nine minutes later, after rewiring the chair, they finally managed to kill him.

Alabama’s fifth execution of the “modern” era initially made the headlines as the nation’s first execution of a mentally impaired prisoner after the Supreme Court’s controversial Penry v. Lynaugh decision (since overturned) green-lighted the death penalty for developmentally disabled defendants.

Horace Franklin Dunkins, Jr. and an accomplice had raped a mother of four, tied her to a tree, and stabbed her to death, an unquestionably horrific crime. A black man with a white victim deep in Dixie … well, his IQ in the high sixties wasn’t going to help him do anything but waive his right to remain silent. The jury at his trial didn’t hear about his borderline mental retardation — Penry would require that juries get that information in the future — and at least one juror later said that little tidbit would have made the difference in Dunkins’s case.

At any rate, the buzz in this morning’s papers wasn’t about the circumstances of Dunkins’s entry into the criminal justice system, but his clumsy exit from it into the great hereafter.

According to the account of a Dr. John Vanlandingham:*

I saw Dunkins in the electric chair and I heard the generator start…. After a short period of time the other doctor … and I were called into the execution chamber. I could see that Dunkins was breathing…. I checked his peripheral pulse, in his wrist, and it was normal. I listened to his heart and his heartbeat was strong with little irregularity…. I told an official that Dunkins was not dead. Dr. – and I returned to the witness room…. I again heard the generator begin.

“I believe we’ve got the jacks on wrong,” the prison guard captain called out. It was flatly not enough current to kill, although it apparently did the killer the favor of knocking him out.

From 12:08 to 12:17, Dunkins sat motionless and seemingly unconscious while the execution team went all MacGyver on Yellow Mama. Once they’d fit Tab A into Slot B into Lethal Electrode C, they were finally able to try again. The doctors pronounced death 19 minutes after the switch had first been thrown.

”I regret very very much what happened,” the Alabama Prison Commissioner, Morris Thigpen, said at a news conference after the execution. ”It was human error. I just hope that he was not conscious and did not suffer.” (The New York Times)

* Dr. Vanlandingham was participating in the execution despite an injunction by the American Medical Association, which considers it a violation of the Hippocratic Oath. Physicians’ involvement (or not) in executions is a thorny ethical issue of its own; Vanlandingham, however, is not the only doctor to break the taboo.

Part of the Themed Set: Embarrassed Executioners.

On this day..

1997: Henry Francis Hays, whose crime cost the Klan

On this date in 1997, an Exalted Cyclops of the Ku Klux Klan went to Alabama’s “Yellow Mama” for lynching a black teenager.

Henry Francis Hays, son of a top Klan officer in Alabama, had vented dissatisfaction with a jury’s failure to convict a black defendant for a white policeman’s murder by grabbing and stringing up a random black, 19-year-old Michael Donald.

Hays and his 17-year-old accomplice skated for more than two years because Mobile’s finest figured a publicly hanged black man probably had it coming from some drug deal.* Only through the victim’s mother’s persistence — she got Jesse Jackson involved, which helped involve the FBI — did the real murderers feel the heat.

Before long, the Klan would wish it had stayed out of the kitchen.

After Hays’ conviction, Michael Donald’s mother brought a civil action against the United Klans of America with the help of the Southern Poverty Law Center. The $7 million liability verdict she won financially destroyed the United Klans — perpetrators of some of the 1960s’ most infamous anti-civil rights terror — and Donald was awarded its national headquarters building in Tuscaloosa, Ala.

This novel keys on the Michael Donald lynching as part of a (fictional) Mobile teen’s coming of age.

Hays wasn’t through making the sort of history he’d rather not have made.

When his turn in the electric chair finally came in 1997, he became the first white in Alabama put to death for an offense against a black in 84 years.**

Seemingly less cocksure in answering for his crime than he had been in committing it, Hays had always maintained his innocence. A few days before walking his last mile, he finally confessed to the Mobile chapter head of the NAACP.

* Michael Donald was not, in fact, involved in drugs.

** There haven’t been any other executions for white-on-black crime since Henry Hays, a span of 11 more years and 22 more executions as of this writing. (via the Death Penalty Information Center’s Execution Database)

On this day..