Judge halts execution amid claims inmate isn’t mentally fit

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The man next on the list to be executed by the feds after a nearly 20-year hiatus ended this week may have a better chance of avoiding lethal injection because he suffers from dementia and so, his lawyers say, can no longer grasp why he’s slated to die

1 / 3Federal ExecutionsOffice patrol the grounds of the federal prison in Terre Haute, Ind., is shown Monday, July 13, 2020. Daniel Lewis Lee, a convicted killer, was scheduled to be executed at 4 p.m. He was convicted in Arkansas of the 1996 killings of gun dealer William Mueller, his wife, Nancy, and her 8-year-old daughter, Sarah Powell. TERRE HAUTE, Ind.

Lee, convicted of killing an Arkansas family in a 1990s plot to build a whites-only nation, was the first of four condemned men scheduled to die in July and August despite the coronavirus pandemic raging inside and outside prisons.“This competency issue is a very strong issue on paper,” said Robert Dunham, executive director of the Death Penalty Information Center. “The Supreme Court has halted executions on this issue in the past.

The issue of Purkey’s mental health arose in the runup to his 2003 trial and when, after the verdict, jurors had to decide whether he should be put to death in the killing of 16-year-old Jennifer Long in Kansas City, Missouri. Prosecutors said he raped and stabbed her, dismembered her with a chainsaw, burned the body and dumped her ashes in a pond in Kansas. Purkey was separately convicted and sentenced to life in the beating death of 80-year-old Mary Ruth Bales, of Kansas City, Kansas.

While various legal issues in Purkey’s case have been hashed, rehashed and settled by courts over nearly two decades, “competency is something that is always in flux,” so the issue of mental fitness for execution can only be addressed once a date is set, according to Dunham, who teaches law school courses on capital punishment.

 

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