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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.

Mike Lear talks death penalty with St. Louis Public Radio’s Chris McDaniel (VIDEO)

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Attorneys for condemned Missouri inmate Russell Bucklew and others say a botched execution this week in Oklahoma is reason for concern regarding Missouri’s procedures.

St. Louis Public Radio’s Chris McDaniel talks with Mike Lear about what’s happened in Oklahoma and what parallels exist between its protocols and Missouri’s.

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.

Three inmates’ attorneys argue against setting of their execution dates

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Attorneys for three men sentenced to be executed have presented their arguments to the Missouri Supreme Court why it shouldn’t set a date for their executions. The Court ordered those attorneys to prepare those arguments in Show Cause orders issued in each case, January 29.  The State Attorney General’s Office has responded to two of them.

Russell Bucklew, William Rousan and Cecil Clayton (photos courtesy; Missouri Department of Corrections)

Russell Bucklew, William Rousan and Cecil Clayton (photos courtesy; Missouri Department of Corrections)

Among the arguments attorneys for William Rousan, Russell Bucklew and Cecil Clayton separately make is that because their clients are plaintiffs in Zink v. Lombardi, ongoing federal litigation regarding Missouri’s lethal injection process, their executions should not proceed until that has been settled. To this point, the Attorney General’s Office argues legal precedent that federal litigation is not a reason not to set an execution date.  Joseph Franklin, Allen Nicklasson and Herbert Smulls were also plaintiffs in Zink v. Lombardi when they were executed in November, December and January, respectively.

Attorneys for Clayton argue that he is incompetent to understand his punishment due to a deteriorating mental state, in part because of a head injury 25 years before he fatally shot Berry County Sheriff’s Deputy Christopher Castetter in November, 1996. That injury at a sawmill resulted in the removal of part of the right frontal lobe of his brain. The Attorney General’s Office’s response to the arguments of Clayton’s attorneys is due March 5.

Attorneys for Bucklew, who in 1996 shot Michael Sanders, the presumed new boyfriend of his ex, say 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 argues that doesn’t merit an indefinite delay in setting his execution date.

Rousan also claims instructions given to the jury at his trial were confusing; an issue the state says the Court and federal courts have already dealt with. Rousan, his son and brother participated in the murder of a rural Bonne Terre couple as part of a cattle theft and robbery.

Missouri is scheduled to carry out the execution by lethal injection of Michael Taylor early Wednesday morning. Taylor is one of two men sentenced to death after pleading guilty to the 1989 murder of 15-year-old Ann Harrison of Kansas City.

On Friday the State Supreme Court set March 26 as the date for the execution of Jeffrey Ferguson for the 1989 abduction, rape and murder of 17-year-old Kelli Hall in St. Louis County.

Both Ferguson and Taylor were among four men for whom the Supreme Court in December ordered attorneys to present arguments why their execution dates should not be set. The others of those four were Roderick Nunley and David Barnett. Nunley is the second man who plead guilty in the murder of Harrison. Barnett stabbed each of his grandparents more than 10 times at their Glendale home before stealing their car and $120 in cash.