March 29
FLORIDA:
David Gore's lawyers file death row appeal with Florida Supreme Court
David Alan Gore's attorneys filed papers with the Florida Supreme Court on
Monday appealing an order by Circuit Judge Dan Vaughn that denied the serial
killer's request for a hearing to present evidence related to several legal
claims raised in an effort to stop his April 12 execution at Florida State
Prison.
Gore, 58, is under a death warrant signed Feb. 28 by Gov. Rick Scott for the
July 16, 1983 first-degree murder of Lynn Elliott, 17, of Vero Beach.
He's also serving multiple life prison terms after pleading guilty to killing 5
other women in Indian River County. His cousin and co-defendant, Fred
Waterfield, is serving life in prison for his role in the crimes.
In the 86-page appeal, Gore's lawyers ask the Florida Supreme Court to hold
oral arguments to better explore his claims of having inadequate legal counsel
during his post-conviction relief proceedings.
"A full opportunity to air the issues through oral argument would be more than
appropriate in this case," wrote Gore's attorneys, "given the seriousness of
the claims involved, as well as Mr. Gore's pending execution date."
On March 13, Vaughn told Gore's court-appointed attorney Linda McDermott that
none of the legal arguments presented to the court merited scheduling an
additional hearing for his lawyers to further try to prove their claims.
Vaughn ruled that McDermott failed to convince the court that his execution
should be stopped in part because the clemency process in his case was applied
in an arbitrary and capricious manner in violation of his U.S. constitutional
rights. Gov. Rick Scott also is accused of being unfairly influenced to sign
Gore's death warrant Feb. 28 after meeting in January with the Scripps Treasure
Coast Newspapers' editorial review board.
3 other claims raised by Gore center on charges he received ineffective
assistance of counsel during his 1992 resentencing. A fifth claim alleged that
because of the 28 years Gore has spent on death row, adding his execution to
that punishment would constitute cruel and unusual punishment.
The Attorney General's office is expected to file a response to Gore's appeal
by Wednesday. His lawyers will then have the right to file a reply that's due
April 2.
The Supreme Court has already indicated that if oral arguments need to be
scheduled in Gore's case, they'll begin at 9 a.m. April 4 in Tallahassee.
Assistant State Attorney Ryan Butler said it's entirely up to the high court's
discretion whether to listen to arguments in Gore's case.
"They may grant oral arguments or they may not," Butler said. "By Thursday or
Friday, they'll let everybody know."
(source: TC Palm)
ALABAMA:
Arthur execution likely off Sheffield native was scheduled to die at 6
p.m. today
A U.S. appeals court has upheld death-row inmate Tommy Arthur's stay of
execution in a decision that apparently has lifted today's scheduled execution.
Arthur, a 70-year-old Sheffield native, was scheduled for execution by lethal
injection at 6 p.m. today at Holman Prison in Atmore.
Deputy Alabama Attorney General Clay Crenshaw said Wednesday his office's
appeal to the 11th U.S. Circuit Court of Appeals to lift Arthur's stay was
denied.
"We're trying to decide whether to take it up to the U.S. Supreme Court,"
Crenshaw said. "Right now, the decision is the execution is off."
State officials said it would take unusual circumstances for the execution to
occur today as scheduled.
Arthur has been on death row for 29 years. He was sentenced to death after
being convicted of the 1982 murder-for-hire killing of Troy Wicker, a Muscle
Shoals man.
He also was convicted 2 other times during retrials.
This would be the 5th time his scheduled execution has been lifted.
Arthur had been taken to a special cell beside the death chamber this week,
which is normal protocol when an inmate is scheduled to be executed. Brian
Corbett, spokesman for Alabama Department of Corrections, said Wednesday Arthur
would be moved back to his regular death-row cell.
Arthur's daughter, Sherrie Stone, confirmed that he was moved to his regular
cell at 12:30 p.m. when the warden told Arthur the state's appeal was denied.
Last week, a 3-member panel of the federal appeals court reversed a judge's
decision to dismiss Arthur's appeal that contended Alabama's use of
pentobarbital as part of a 3-drug execution combination could be cruel and
unusual punishment.
In court documents, Arthur's attorneys contend pentobarbital takes
substantially longer to anesthetize an inmate than the old drug, sodium
thiopental. The filing states there is a significant risk that the 2nd and 3rd
deadly drugs used in the execution process might take effect before the inmate
is anesthetized.
Arthur's attorney, Suhana Han, said she also is concerned that pentobarbital is
considered a sedative instead of
