death penalty news

October 8, 2004


NORTH CAROLINA --- EXECUTION:

State executes man convicted of child's rape and slaying

A North Carolina death row inmate has been executed for the 1992 rape and 
murder of a seven-year-old girl.

Sammy Perkins died after the Supreme Court turned down a defense request 
for a stay of execution. Perkins was trying to challenge the state's lethal 
injection method of execution.

The court unanimously rejected a second defense request to overturn state 
court rulings against Perkins. Those rulings dealt with whether improper 
evidence was allowed during his trial.

Perkins was convicted for the rape and killing of his girlfriend's 
granddaughter.

Sammy Perkins is the 2nd person executed in North Carolina this year and 
the 32nd since the state resumed executions on March 16, 1984.

He is the 48th inmate executed in the U.S, bringing the total number of 
executions in the U.S. since 1977 to 933.

(source: AP & Joerg Sommer)


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Perkins executed after court clears way

A man convicted of the 1992 rape and murder of a 7-year-old girl was 
executed by the state of North Carolina early today as his brother and 
niece and the uncle of the young victim watched.

Sammy Crystal Perkins, 51, was injected with a lethal dose of chemicals 
after the U.S. Supreme Court issued two orders Thursday to clear the way. 
He was declared dead at 2:14 a.m.

By a 5-4 vote, justices turned down a request by defense lawyers to leave a 
stay in place so Perkins could contest the state's lethal injection 
execution method. The court also unanimously rejected a defense request to 
reverse state court rulings against Perkins on the issue of whether 
improper evidence was allowed during his trial in Pitt County Superior Court.

"I would like to say I love my mother, all my brothers and sisters and all 
my children. I'll see ya'll on the other side," Perkins said in his last 
statement before he was wheeled into the execution chamber.

Police officers and prosecutors sat in the witness room along with the 
victim's uncle and Perkins' relatives and defense lawyers.

He spent the day visiting with his mother and other relatives. Late in the 
day, he asked for a last meal of fried chicken, sweet potato pie, French 
fries and a Coke.

Defense lawyers had argued that Perkins took responsibility for raping and 
smothering Lashenna "Jo Jo" Moore, his girlfriend's granddaughter in Pitt 
County. But they said his substance abuse and mental illness, including 
bipolar disorder, meant he should have received a life sentence.

An appeal to Gov. Mike Easley for clemency, in which defense lawyers also 
said Perkins' trial was faulty because the jury discussed the case too 
early, was rejected hours before the execution after the high court 
rejected legal appeals. The lawyers also said Perkins' mental illness 
wasn't fully presented to the jury because of poor testimony by a defense 
expert.

Perkins' execution had been stayed by a federal judge who last week said he 
should be allowed to participate in a lawsuit that challenged the method of 
execution by injection.

A physician said in an affidavit filed with Boyle's court that an autopsy 
of a previously executed inmate showed low amounts of an anesthetic in his 
blood and that "it is most likely that the execution was torture."

Perkins' execution was the first by the state since January. Attorney 
General Roy Cooper effectively put executions on hold last spring, while 
the U.S. Supreme Court decided an Alabama case challenging a form of lethal 
injection sometimes used by the state as cruel and unusual punishment.

The high court cleared the way for the Alabama execution in late May, after 
which a spokeswoman for Cooper said the state would resume efforts to carry 
out lethal injections.

The state Department of Correction says it has changed its protocol for 
executions since the last execution to give more of the anesthetic as the 
death unfolds. But Central Prison Warden Marvin Polk said he has never seen 
signs of suffering in 19 executions he has attended.

(source: AP)

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