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Hearing set for convicted murderer whose execution was halted in May

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A hearing date of September 9 has been set for the 8th Circuit Court of Appeals to hear arguments in the case of a convicted Missouri inmate whose execution was halted last month.

Russell Bucklew (courtesy, Missouri Department of Corrections)

Russell Bucklew (courtesy, Missouri Department of Corrections)

The U.S. Supreme Court wants the Appeals Court to hear the claims by attorneys for 46-year-old Russell E. Bucklew that he has a medical condition that could result in suffering if he undergoes a lethal injection, which would violate constitutional protections against cruel and unusual punishment.

Bucklew has a condition known as cavernous hemangioma that results in malformed blood vessels. His attorneys argue that could cause, among other things, a painful or prolonged lethal injection.

Attorney Cheryl Pilate says the potential for suffering is greater because of Missouri’s policy of secrecy regarding its execution procedures and drugs.

“A protocol in which virtually nothing is known about either the drug itself or its safety or where it came from or how certain things are going to be done during the execution,” says Pilate. “The secrecy is a factor that is common to all these executions that we’ve seen carried out in Missouri but because of Mr. Bucklew’s unique medical condition, we believe the risks to him were heightened.”

Pilate says it would be inappropriate to speculate about the outcome of her client’s case, but notes that if the state is prevented from giving him a lethal injection, it is unclear how Missouri might proceed. State law only allows for executions to be carried out by lethal injection or lethal gas.

“It’s my understanding the state is not prepared to proceed with lethal gas, so it would appear that absent some other kind of statutory authorization that there would not be other options,” says Pilate.

Bucklew was sentenced to death in 1997 for fatally shooting Michael Sanders in Cape Girardeau County. Bucklew believed Sanders to be his ex-girlfriend’s new boyfriend. Bucklew then kidnapped and raped his ex-girlfriend before getting involved in a gunfight with authorities that left him and a Missouri State Highway Patrol trooper wounded.

Missouri is scheduled to carry out early Wednesday morning the lethal injection execution of John Winfield for the murders of Arthea Sanders and Shawnee Murphy, friends of his ex-girlfriend.

US Supreme Court halts execution of convicted murderer Russell Bucklew

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The execution of convicted Missouri inmate Russell Bucklew has been halted by the Supreme Court of the United States.

Russell Bucklew (courtesy, Missouri Department of Corrections)

Russell Bucklew (courtesy, Missouri Department of Corrections)

The Court ruled the 8th Circuit Court of Appeals should consider the appeal filed by Bucklew’s attorneys. They argue that a rare medical condition affecting Bucklew’s blood vessels creates a heightened risk that he would suffer during a lethal injection. They also challenge the policy of secrecy by the Missouri Department of Corrections regarding the maker of its lethal injection drug, pentobarbital.

See the Court’s order

Bucklew was sentenced to death for the 1996 murder in Cape Girardeau County of Michael Sanders, thought to be the boyfriend of Bucklew’s ex-girlfriend. Bucklew committed the murder in front of Sanders’ 6-year-old son, who he also shot at and missed, before kidnapping his ex-girlfriend whom he raped and assaulted. He was captured after a shootout that left him and a Highway Patrolman wounded.

His execution had been set for 12:01 Wednesday morning at the Eastern Reception, Diagnostic and Correctional Center in Bonne Terre but the Supreme Court issued a stay late Tuesday night, and issued its order Wednesday afternoon.

U.S. Supreme Court stays Russell Bucklew execution, Gov. Nixon denies clemency

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The U.S. Supreme Court has issued a stay of execution for condemned Missouri inmate Russell Bucklew. He was sentenced to die by lethal injection after midnight Wednesday morning for the 1996 murder of Michael Sanders.

Russell Bucklew (courtesy, Missouri Department of Corrections)

Russell Bucklew (courtesy, Missouri Department of Corrections)

Attorney General Chris Koster (D) says the full Court is anticipated to consider Bucklew’s pending requests on Wednesday. He notes in his statement that the execution warrant for Bucklew is valid through midnight, Wednesday night, meaning the execution could be carried out any time May 21.

Bucklew’s attorneys argue that he suffers from malformed blood vessels that could increase the risk of pain and suffering or a prolonged lethal injection.

The timing of this stay by the U.S. Supreme Court is similar to events leading up to the execution of Allan Nicklasson in December.  He had been scheduled to be executed at 12:01 the morning of December 11 but a stay was issued by the Court late the night before, with the Court hearing arguments on December 11.  His execution was eventually carried out after a delay of nearly 23 hours.

Governor Jay Nixon (D) has meanwhile denied a petition for clemency for Bucklew.

In his statement, Nixon says, “Russell Bucklew came to the home of Michael Sanders armed and with the intent to murder him. After storming into the home and fatally shooting Mr. Sanders, Bucklew fired a shot at Sanders’ six-year-old son, but missed. Bucklew then continued on a rampage of violence, including the armed kidnapping and rape of his former girlfriend and a shootout with the Missouri State Highway Patrol that left a trooper wounded. The jury in this case properly found that these heinous crimes warranted the death penalty, and my denial of clemency upholds the jury’s decision.

“I ask that the people of Missouri remember Michael Sanders and keep his family, as well as the other victims of Russell Bucklew’s crimes, in their thoughts and prayers.”

 

Execution date set for John Winfield, convicted of murders of two

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John Winfield (courtesy; Missouri Department of Corrections)

John Winfield (courtesy; Missouri Department of Corrections)

The State Supreme Court has set an execution date for condemned inmate John Winfield, who was sentenced to death for the 1996 murders of Arthea Sanders and Shawnee Murphy, friends of his ex-girlfriend. He is scheduled to die by lethal injection June 18 at the Eastern Reception, Diagnostic and Correctional Center at Bonne Terre.

Winfield, 46, learned that his ex had started a new relationship and after confronting her about it, shot her and her two friends. His ex-girlfriend survived by was permanently blinded.

The state is next scheduled to execute Russell Bucklew on May 21.

Victims’ son: ‘no real satisfaction’ from execution of William Rousan (VIDEO)

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The state of Missouri has carried out the execution of William Rousan, who was convicted of the murders of Grace and Charles Lewis in 1993.

Following his execution early Wednesday morning, one of the Lewises’ children, Michael, read the following statement to the media:


“I draw no real satisfaction from Mr. Rousan’s incarceration or execution, for neither can replace or restore the moments lost with my parents or give my sons back the grandparents they never got to know. Nor can it fully heal the broken hearts and lives of our family, or his family who my heart also goes out to.

“I hope that Mr. Rousan made peace with Jesus, for that is what Charles and Grace Lewis would want, for sure.

As for the death penalty, I think the delay from sentencing to finalization is too long. I have never thought of it as revenge or justice served in terms of an “eye for eye” so to speak. Nor do I see it as a big deterrent to would be criminals. But I still believe it is a humane and permanent prevention of further criminal activities by the convicted inmate.”

Lewis declined to take questions from the media. He was joined at the Eastern Reception, Diagnostic and Correctional Center in Bonne Terre by his wife, two sisters and a brother-in-law, none of whom spoke to the media.

Gov. Nixon’s statement on the execution of William Rousan

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Governor Jay Nixon has issued a statement regarding the execution of William Rousan for the 1993 murder of Grace Lewis.  Nixon on Tuesday denied a request for clemency for Rousan.

In his statement, Nixon says, “Our thoughts and prayers tonight are with the family and friends of Grace and Charles Lewis, as they remember a couple murdered in a brutal and senseless crime.

“William Rousan was convicted of both killings and sentenced to the ultimate punishment provided by Missouri law for the murder of Grace Lewis. That sentence now has been carried out.

I ask that Missourians remember the Lewises at this time and join us in keeping their loved ones in their thoughts and prayers.”

Supreme Court sets May execution date for Russell Bucklew

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The State Supreme Court has set an execution date for condemned inmate 45-year-old Russell Bucklew. He is sentenced to die by lethal injection May 21 at the Eastern Reception, Diagnostic and Correctional Center in Bonne Terre.

Russell Bucklew (courtesy, Missouri Department of Corrections)

Russell Bucklew (courtesy, Missouri Department of Corrections)

Bucklew was sentenced to death for the 1996 murder of Michael Sanders, who he had assumed to be the new boyfriend of his ex girlfriend. Bucklew shot Sanders in front of Sanders’ 6-year-old son in a jealous rage, then held the gun to his ex’s head. When he saw Sanders’ son he shot at the boy, missing him. He then kidnapped his ex-girlfriend and raped her when she denied his advances. He was caught after a gunfight that left him and a Highway Patrolman wounded.

Bucklew’s attorneys had argued to the Court that he suffers from malformed blood vessels that cause among other things, bleeding from his mouth and eyes, and could increase the risk of a painful or prolonged lethal injection. The state argued that doesn’t merit an indefinite delay in setting his execution date.

The state is next scheduled to carry out the execution of William Rousan on April 23. Rousan was involved in the cattle theft, robbery and murder of a farm couple, Charles and Grace Lewis in rural Bonne Terre in 1993.

Attorney General issues statement on Ferguson execution

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Missouri’s Attorney General has issued a statement following the execution early this morning of Jeffrey Ferguson at the Eastern Reception, Diagnostic and Correctional Center in Bonne Terre.

In the statement, Chris Koster says, “More than two decades have passed since Jeffrey Ferguson kidnapped, raped, and murdered seventeen-year-old Kelli Hall. While this sentence cannot bring Kelli back, her parents have waited a quarter-century for justice for their daughter. My thoughts and prayers tonight are with Kelli Hall’s family and friends, in the hope that they can now have a degree of closure and finality on this awful crime.”

Agency reports Jeffrey Ferguson has been executed

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A convicted inmate has been executed for the 1989 murder of a St. Louis County teenager.

Jeffrey Ferguson (photo courtesy, Missouri Department of Corrections)

Jeffrey Ferguson (photo courtesy, Missouri Department of Corrections)

The Missouri Department of Public Safety reports 59-year-old Jeffrey Ferguson has died by a lethal injection of pentobarbital at the Eastern Reception, Diagnostic and Correctional Center in Bonne Terre. The execution was carried out at 12:01 a.m. He was pronounced dead ten minutes later.

Ferguson and another man, Kenneth Ousley, abducted 17-year-old Kelli Hall from the St. Charles gas station she was working at on February 9, 1989. Her body was found three weeks later on a nearby farm. DNA evidence found on Hall’s coat was matched to Ferguson.

Ferguson and Ousley were charged with first degree murder but Ousley pleaded guilty and received a life sentence.

Missourinet will have more information on Ferguson’s execution through the morning.

Governor denies clemency for Ferguson

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Governor Jay Nixon (D) has denied a petition for clemency for convicted inmate Jeffrey Ferguson. Ferguson is scheduled to be executed shortly after midnight for the 1989 murder of Kelli Hall.

Nixon issued the following statement to the media:

“Earlier today, I received from my counsel a final briefing on the petition for clemency from Jeffrey Ferguson, which has been reviewed in detail. After careful deliberation, I have denied this petition. This is a process and a gubernatorial power I do not take lightly. The specific circumstances and set of facts for each case are – and must be – considered on their own.

“Kelli Hall was only 17 when she was abducted from her workplace, raped and brutally murdered. Her life, so full of promise, was brutally taken from her and her family. The jury that convicted Jeffrey Ferguson of Kelli’s murder found that the aggravating circumstances for this crime warranted the death penalty. My decision today upholds that appropriate sentence.

“I ask that the people of Missouri remember Kelli Hall and keep her family in their thoughts and prayers.”

Earlier stories on Jeffrey Ferguson