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    Tuesday, May 07, 2024

    Court clears way for federal execution of man with dementia

    In this 1998 photo, Wesley Ira Purkey, center, is escorted by police officers in Kansas City, Kan., after he was arrested in connection with the death of 80-year-old Mary Ruth Bales. Purkey was also convicted of kidnapping and killing a 16-year-old girl and is scheduled to be executed on July 15, 2020, in Terre Haute, Ind. (Jim Barcus/The Kansas City Star via AP)
    Court clears way for federal execution of man with dementia

    Terre Haute — The Supreme Court early Thursday cleared the way for a second federal execution this week. The vote to allow the execution of Wesley Ira Purkey, said to be suffering from dementia, was 5-4, with the court's four liberal members dissenting.

    Justice Sonia Sotomayor wrote that “proceeding with Purkey’s execution now, despite the grave questions and factual findings regarding his mental competency, casts a shroud of constitutional doubt over the most irrevocable of injuries.” She was joined by fellow liberal justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan.

    But a lower court put an emergency hold on the execution for one hour as it weighed issues in the case, further delaying what initially had been slated for Wednesday evening at the Federal Correctional Complex in Terre Haute, Indiana.

    Purkey was convicted of kidnapping, raping and killing a 16-year-old girl before dismembering, burning and then dumping her body in a septic pond. He also was convicted in a state court in Kansas after using a claw hammer to kill an 80-year-old woman who suffered from polio.

    On Tuesday, Daniel Lewis Lee was put to death at the facility after his eleventh hour legal bids failed. It was the first federal execution after a 17-year hiatus.

    Lawyers for the 68-year-old Purkey, of Kansas, argued that he has dementia and is unfit to be executed. They said his condition has deteriorated so severely that he didn’t understand why he was being executed. They also said that if Purkey’s execution did not take place Wednesday, the government would need to set a new date. But government lawyers said there was no obstacle to going through with the execution Thursday if the Supreme Court lifted the injunctions.

    The issue of Purkey’s mental health arose in the run-up 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 her and dumped her ashes 200 miles (320 kilometers) away in a septic 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, who suffered from polio.

    ------

    Gresko reported from Arlington, Va. Associated Press writers Michael Tarm in Chicago and Colleen Long in Washington contributed to this report.

    Protesters against the death penalty gather in Terre Haute, Ind., Wednesday, July 15, 2020. Wesley Ira Purkey, convicted of a gruesome 1998 kidnapping and killing, is scheduled to be executed Wednesday evening at the federal prison in Terre Haute. (AP Photo/Michael Conroy)
    This May 2000 photo provided by the Kansas Department of Corrections shows Wesley Ira Purkey, who was convicted of kidnapping and killing a 16-year-old girl, and was sentenced to death. Purkey’s execution is scheduled to occur on July 15, 2020, in Terre Haute, Ind. (Kansas Department of Corrections via AP)
    FILE - In this Aug. 18, 2004 file photo, Dustin Honken is led by federal marshals to a waiting car after the second day of jury selection in federal court in Sioux City, Iowa. A federal judge has denied the Iowa drug kingpin's requests to delay his execution, which is scheduled for Friday, July 17, 2020. U.S. District Judge Leonard Strand wrote Tuesday, July 14 that he would not intervene to delay Honken's execution date due to the coronavirus pandemic. He said the Bureau of Prisons was in the best position to weigh the health risks against the benefits of carrying out the execution. (Tim Hynds/Sioux City Journal via AP, File)
    FILE - In this Oct. 31 1997, file photo, Daniel Lewis Lee waits for his arraignment hearing for murder in the Pope County Detention Center in Russellville, Ark. Relatives of the victims of Daniel Lewis Lee have pleaded for him to receive the same life sentence as the ringleader in the plot that led to the slayings. Now, family members say their grief is compounded by the push to execute Lee, of Yukon, Oklahoma, in the middle of the coronavirus pandemic.(Dan Pierce/The Courier via AP, File)
    Protesters against the death penalty gather in Terre Haute, Ind., Wednesday, July 15, 2020. Wesley Ira Purkey, convicted of a gruesome 1998 kidnapping and killing, is scheduled to be executed Wednesday evening at the federal prison in Terre Haute. (AP Photo/Michael Conroy)
    Protesters against the death penalty gather in Terre Haute, Ind., Wednesday, July 15, 2020. Wesley Ira Purkey, convicted of a gruesome 1998 kidnapping and killing, is scheduled to be executed Wednesday evening at the federal prison in Terre Haute. (AP Photo/Michael Conroy)

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