Also last night (technically the wee hours of this morning, as Missouri still sets executions dates as a single calendar day), Missouri carried out an execution. CBS and AP have this story on both executions, considerably more balanced and informative than the NBC story linked in Bill's post.
A Missouri inmate was put to death early Wednesday for fatally beating a 63-year-old woman with a hammer in 1998, the state's record 10th lethal injection of 2014, matching Texas for the most executions in the country this year.
In Georgia, a man convicted of killing a sheriff's deputy moments after robbing a convenience store in central Georgia was executed Tuesday night.
The Missouri case involved Paul Goodwin, 48, who sexually assaulted Joan Crotts in St. Louis County, pushed her down a flight of stairs and beat her in the head with a hammer. Goodwin was a former neighbor who felt Crotts played a role in getting him kicked out of a boarding house.
Goodwin admitted committing the crime after his arrest.
That is, of course, completely backwards. The Supreme Court has settled that intellectual disability is a categorical exemption, and the dispute is whether Holsey is, in fact, intellectually disabled. The CBS/AP story gets it right:
In their efforts to halt the execution, Holsey's lawyers argued that he was intellectually disabled. The U.S. Supreme Court in 2002 barred execution of the intellectually disabled, but left the states to determine who is intellectually disabled.
Georgia requires death-row inmates to prove intellectual disability beyond a reasonable doubt in order to be spared execution on those grounds. Courts have consistently upheld Georgia's toughest-in-the-nation standard of proof on this issue.
But the U.S. Supreme Court in May knocked down a Florida law that said any inmate who tests above 70 on an IQ test is not intellectually disabled and may be executed. The opinion said IQ tests have a margin of error and inmates whose scores fall within the margin must be allowed to present other evidence of intellectual disability.
The state of Georgia argued in court filings that Holsey is not intellectually disabled. An expert found that Holsey had a learning disability but was not disabled, and his siblings relied on him as a leader, the state's lawyers argued.
The Georgia Legislature really should drop that "beyond a reasonable doubt" standard for new cases going forward. Preponderance will do.
As for Holsey, to his credit he did make his exit with dignity:
Moments before he was put to death, Holsey addressed the victim's father.
"Mr. Robinson, I'm sorry for taking your son's life that night," he said. "He didn't deserve to die like that."
Holsey added, "I hope you can find it in your heart to forgive me and my family."
Opponents of the death penalty say it eliminates any chance for redemption. I disagree. I think there is a kind of redemption for killers for accept their punishment, apologize to the victim's family, and exit with dignity.
Meanwhile, back in Missouri:
Goodwin's sister, Mary Mifflin, wrote in a statement that the death penalty "is not a just punishment for his crime - an act that occurred out of passion, not premeditation, by a man with the mental capabilities of a child, not an adult."
Referring to people on the low end of the IQ scale as having the mental capabilities of a child goes back to the old, discredited notion of "intelligence quotient" as mental age over chronological age. Psychologists abandoned that long ago. Intellectual disabled adults do not have the minds of children. In this case, Goodwin is not ID anyway, and he had the ability to know what he was doing, know that it was wrong, and refrain from doing it if he chose to. By no stretch of the imagination is this punishment for this crime by this person an injustice.
They won't go away. That's why we don't use the word "closure" any more, because it had been misused to mean that. But victims' families have said that after an execution there is a sense of finality, a certainty that the perpetrator has been fully punished, that does help them move on with their lives. We sincerely wish that for families of both victims in these cases.Crotts' daughter, Debbie Decker, told the St. Louis Post-Dispatch that Goodwin deserved no mercy.
"I've been sitting back waiting for this to happen," Decker said of the execution. "I'm hoping all these bad memories will go away."
The problem is it takes way too long. Sixteen years is relatively fast, compared to typical executions today, but it is far longer than necessary in a case with no doubt whatever of the identity of the perpetrator. The D.C. Sniper was executed less than six years after sentence, and that is what should be typical.
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