Print this story | E-mail story | This story has 16 comments Add your own | iPod friendly
Mississippi inmates file death penalty lawsuit
Published Monday, July 14, 2008
JACKSON (AP) — The life of Mississippi death row inmate Dale Leo Bishop, scheduled to die next week, is back in the hands of a federal judge.
Bishop is one of four condemned prisoners who filed a 2007 lawsuit to stop executions in Mississippi. They say the state’s method of lethal injection is unconstitutional because it might cause pain.
Now that the U.S. Supreme Court and the Mississippi Supreme Court have rejected Bishop’s appeals on a 1998 murder, the federal lawsuit is his next hope for reprieve. He is scheduled to die at 6 p.m. July 23.
In motion a filed Monday and labeled ‘‘urgent and necessitous,’’ the four inmates’ attorneys accused state officials of withholding information about the way executions are carried out. The Mississippi Department of Corrections and the attorney general’s office have ‘‘historically refused to produce’’ information about the procedures, according to the motion.
‘‘This court can have no assurance that it has the complete facts on how Mississippi executes prisoners,’’ the inmates claim.
MDOC officials and the attorney general’s office declined comment on Monday. However, Attorney General Jim Hood argued last week that the inmates’ claims fall outside the statute of limitations and that Mississippi’s procedure is constitutional.
Still, the prisoners’ attorneys want the court to block the executions and force the state to produce all documents dealing with Mississippi’s three-drug protocol. They also want to conduct ‘‘depositions of persons who oversaw or witnessed the five previous lethal injection executions in Mississippi.’’
U.S. District Judge W. Allen Pepper did not immediately rule on the matter.
Bishop would be the second prisoner put to death in Mississippi since April, when the U.S. Supreme Court ruled that lethal injection is an acceptable method of execution in the United States. That ruling came after two death row inmates in Kentucky challenged the procedure.
The Mississippi inmates say Mississippi’s method is different from the one used in Kentucky. Hood has described the procedures as ‘‘substantially similar.’’
The argument is that if the first of three drugs used in the procedure doesn’t take effect properly, the other two drugs will cause pain but the paralyzed prisoner won’t be able to express discomfort. The first drug administered sedates the prisoner, the second paralyzes and the last kills.
The inmates say Mississippi doesn’t use monitors so there’s no way of knowing that the lethal drugs won’t be administered until after the prisoner is completely under the effects of anesthesia. The insertion of the intravenous needle could also be a painful because the execution staff in Mississippi is not properly trained, the inmates claim.
State officials dismiss the allegations, saying in court papers that the staff ‘‘is a highly trained team of paramedics’’ and that a state pathologist is on hand.
The inmates in the lawsuit are Alan Dale Walker, Paul Everett Woodward, Gerald James Holland and Bishop. Bishop is the only one with a scheduled execution date.
Bishop was sentenced to die in 2000 for his role in the claw hammer beating death of Marcus James Gentry. Bishop admitted participating in the fatal attack, but Bishop’s attorneys say an accomplice, Jessie Johnson, killed Gentry. Johnson was tried separately and is serving a life sentence.
Comments
Posted by padlock (anonymous) on July 14, 2008 at 11:53 p.m. (Suggest removal)
This is an interesting topic, and it is hard to challenge whether the death penalty is ethical or unethical.
We know there a people out there that commit horrible crimes, and all the justice system can really do is to take their freedom away.
As for the families of the victims I am sure that some of them would like to see these criminals lives taken away.
How can we decide if the death penalty should be in existence?
To sum it all up aren't these paramedics or whoever is administering the injections call murderers by law, and I wonder if they fell guilt or have nightmares.
Posted by cjc3 (anonymous) on July 15, 2008 at 7:11 a.m. (Suggest removal)
I wonder how you can take a hammer and inflict major pain until the victim is dead, yet you deserve to die without any pain? The victims never get a choice! Unreal!
Posted by fire39212 (anonymous) on July 15, 2008 at 9:08 a.m. (Suggest removal)
Amen cjc3....
Why is it he feels like he is beter than the victim he killed...He showed no mercy..Why should we?
Posted by c_8512 (anonymous) on July 15, 2008 at 9:32 a.m. (Suggest removal)
What Mr. Bishop may be failing the realize here is that a claw hammer repeatedly slammed into someone's head is going to hurt. He deserves as much consideration as he AND his partner in crime gave their victim. We, as law-abiding, taxpaying citizens, are the ones suffering by keeping these convicted killers alive, housed, clothed, fed, and publicly defended.
Posted by endofitall (anonymous) on July 15, 2008 at 9:56 a.m. (Suggest removal)
This is pathetic. Thugs never consider or even care what they inflict on their victim.
If incarcerated, they want mercy. They scream “cruel and inhumane punishment.” BS
Get rid of the bleeding heart liberals, and serve justice. An eye for an eye.
Posted by blessed_momma (anonymous) on July 15, 2008 at 10:18 a.m. (Suggest removal)
Yall are absoutely right!! Im so sick of PSYCHOS torturing and murdering people and then screaming for mercy! Im sure that the innocent victim was screaming for mercy too and none was shown! Lethal injection may HURT!! ?? PLEASE! I hope it does! Although Im sure that it doesnt HURT as bad as being beaten, shot, stabbed, choked etc to death! I cant believe that the chair was done away with! Its simple... IF THEY DONT WANT TO BE " HURT" then DONT HURT SOMEONE ELSE!! Another thing that makes me sick.... they want to plead, insanity... OF COURSE THEY ARE INSANE! Sane people dont take others lives! INSANITY is NO reason to get away with murder!!!! God help us ALL!
Posted by oldschool (anonymous) on July 15, 2008 at 7:58 p.m. (Suggest removal)
Hell I say FRY his butt.! The heck with painless he deserives all the pain the state can give him. People just amaze me this day and time. beat his butt with the hammer!
Posted by NtzMom55 (anonymous) on July 16, 2008 at 12:52 a.m. (Suggest removal)
Does a 6 month old baby being raped not feel pain?
Does an elderly person being beat to death not feel pain?
Wouldn't it hurt to be hit on the head with a claw hammer?
To Hell with them on death row. FRY THEM!!
Better yet, put em in a pen with 5 hungry pitbull dogs and sell tickets to the event. I'll set up the popcorn machine and we'll all have a "Coke and a smile". All proceeds will be distributed to the victim's family.
Posted by sobeit (anonymous) on July 16, 2008 at 9:50 a.m. (Suggest removal)
NtzMom55
Let me know when the "Coke and a smile" tickets go on sale ane where I can get one. I wouldn't miss this party for anything.
Posted by blessed_momma (anonymous) on July 16, 2008 at 10:03 a.m. (Suggest removal)
3 cheers to NtzMom55! Im sure it would be a sell out!
They better stop worrying about pain from a needle and start worrying about pain of Hell's fire!!
Posted by carolina_la_mamasita (anonymous) on July 16, 2008 at 4:29 p.m. (Suggest removal)
you people dont get it ! This guy Dale did not do the killing , he was there & he witnessed it . He did not stop it from happening. And the guy that did the killing is only getting LIFE sentence. And the witness to it ... that "didnt stop the killing " is be sentenced to death ...Ive researched this , they were tried seperately and they are killing the Dale dude for something he didnt even do ...how can they be so injust with their punishments?
What would you do , if you witnessed a murder? would you rush in and stop it ?
If you didnt stop it , would you expect them to give you a worse sentence then the actual killer ?
Read the whole story ....and then make your decision.
I feel this is a very unjust punishment as he did not do the killing
This should be stopped immediately
It is not fair that the actual killer gets less of a sentence... IS IT ?
This is where the media should step in , and this Dale Bishop should be pardoned , he has already served 10 years for being a witness to a crime that he did not commit. I know if I saw a guy hammering to death another person , I would flee in fear ... I am nnot stepping in and getting my brains beat to death...ya know !!
Posted by blessed_momma (anonymous) on July 16, 2008 at 6:50 p.m. (Suggest removal)
He DID have a hand in the killing and asked the judge and the jury for the death sentence. I will paste a portion of the article:
Bishop, 34, would be the second inmate executed in Mississippi this year. He was sentenced to die for his role in the claw hammer beating death of 19-year-old Marcus James Gentry. The attack took place near Saltillo in northeast Mississippi.
Prosecutors said Bishop participated in the fatal attack by holding Gentry and kicking him. Bishop's attorneys say an accomplice, Jessie Johnson, actually killed Gentry and has admitted dealing the lethal blows with a hammer that belonged to Bishop. Johnson is serving a life sentence.
Bishop and Johnson killed Gentry, a man they both called a friend, after a night of drinking. Johnson believed Gentry "narced" on Johnson's brother and got him in trouble with the law.
After his 2000 conviction, Bishop waived his right to a be sentenced by a jury. He said he deserved to die and declined to provide evidence that might have persuaded the judge to let him live. His attorneys say he has a lifelong mental illness that prevented him from making a rational decision.
They should have BOTH been sentenced to death. They BOTH had their part in taking another human life so coldly and brutally! God have mercy on their souls
Posted by NtzMom55 (anonymous) on July 16, 2008 at 8:53 p.m. (Suggest removal)
The pitbull dogs are foaming at the mouth and lickin their lips!!!
Oh, poor Mr. Coldblood. They are going to execute him. Boo Hoo, it might hurt.
EYE 4 EYE JUSTICE IS FAIR AND JUSTIFIED!!!
Posted by supertrucker47 (anonymous) on July 17, 2008 at 4:54 a.m. (Suggest removal)
how do these people get away with this crap.convicted,imprisoned and can still file lawsuits?only in america.hopefully the lawsuit will be laughed out of the courtroom and move forward to putting this man to death.ty
Posted by endofitall (anonymous) on July 17, 2008 at 12:33 p.m. (Suggest removal)
He's a dead man walking!
Posted by ProNatchez (anonymous) on July 17, 2008 at 9:34 p.m. (Suggest removal)
O.K., It's just a little pin prick.
Give him the juice.
Post a comment (Terms of Use Policy)
(Requires free registration.)