Feb. 26, 2005 INDIANA----impending execution Death row inmate doesn't want autopsy A man on death row for the 1980 murders of an Evansville couple and their 2 children is trying to stop the state from performing a post-execution autopsy on his body, saying it would amount to "mutilation." Donald Ray Wallace, 47, is scheduled to be executed March 10 at the Indiana State Prison in Michigan City. On Friday, Wallace sued the Indiana Department of Correction, stating that he objects to the autopsy on "moral, religious and practical" grounds. Although the lawsuit does not seek to delay or stop his execution, it could complicate Wallace's funeral arrangements. A judge will hear the injunction request on March 9 about 15 hours before Wallace is scheduled to die by lethal injection. In 1982, Wallace was convicted of the January 1980 murders of Theresa and Patrick Gilligan and their children Lisa, 5, and Gregory, 4. Authorities said Wallace bound the victims and shot them to death after they surprised him while he burglarized their home. Having exhausted all his appeals after 23 years on death row, Wallace has declined to seek clemency. Through an attorney, Wallace and his sister, Kathleen Wallace Mason, sued the DOC in LaPorte County, where the death sentence will be carried out. Because the execution will be overseen by two physicians and observed by staff and Wallace's attorney, the LaPorte County coroner will have no medical basis to perform an autopsy unless the state requests one, the lawsuit says. Wallace and his sister contend they will suffer "irreparable harm" if the body is autopsied. "Mr. Wallace and Ms. Mason view such action as a desecration and mutilation of his corpse, and such actions violate Mr. Wallace's right to an orderly and dignified disposition of his body following death," the lawsuit states. It asks for a restraining order prohibiting an autopsy and requiring the DOC to release Wallace's body to his family immediately after the execution. The state agency normally orders autopsies of executed prisoners. Though the cause of death is apparent, an autopsy is a protective measure in case someone later alleges prison abuse, said DOC spokesman Randy Koester. "The autopsy protects us from those types of claims and shows the proper procedures are being followed," said Barry Nothstine, spokesman for the Indiana State Prison. "That's why it's the department's stand to have those done." If Judge William J. Boklund does not rule immediately, it would not delay the execution but could delay funeral arrangements. Diana Harrington, the sister of Wallace's victim, Theresa Gilligan, had little comment about the injunction request. "This is a family decision and I think it's up to Wallace's family as well as Wallace," she said. (source: Associated Press) USA: Expanded federal prison prepares for influx of prisoners Federal officials are preparing to open a new maximum-security prison that will house about 1,200 federal inmates, nearly doubling the capacity of Terre Haute's federal prison complex. The new prison, south of an existing 63-year-old prison that is home to the nation's only federal death row, is now quiet, with a spotless cafeteria that serves no diners, empty beds and silent televisions. But this spring, the third prison of what will soon become the Federal Correctional Complex will gradually fill with life as maximum-security federal prisoners are transferred from the old building to the new. The original building was built in 1940 and houses the nation's only "death row," or Special Confinement Unit. Currently, 32 federal prisoners await execution, but none has a confirmed date, said Chris Nickrenz, executive assistant to warden Mark Bezy. Nickrenz said the new facility is much more secure than the old one, although security details are not being made public. Once the new prison opens, the old red brick prison will become a medium-security installation. Its image appears in the new prison in the form of inmate-painted murals on walls near entrances. Bezy said the addition of the new maximum-security U.S. Penitentiary to the existing one and the minimum-security camp on the same site will eventually bring the Terre Haute federal inmate population to about 3,000. In 2001, Congress approved $130 million for the multiphase project. In the existing Special Confinement Unit, prisoners spend much of their time alone, but are granted a few extra amenities in their cells. Each gets a small locker and 13-inch black-and-white television, as well as a personal shower. "They are allotted 5 to 6 hours of recreation time per week," said Ray Geise, complex administrator and consolidated services manager. Recreation happens alone, in a small courtyard within the building, in one of several rectangles of tall, chain-link fence. All prisoners also are required to earn a General Education Development diploma. The new facility will house complex programming, from educational facilities to vocational training to psychological services. "Programming is a huge part of the security of the institution," said Bezy, the warden. (source: Associated Press) *************************************** This is a corrected version of the National Monthly Execution Alert. The previous mailing contained several faulty links. We apologize for any inconvenience. Thank you for making your voice heard! Please forward and cross-post this message widely. If you received this message from a friend, subscribe free at http://www.demaction.org/dia/organizations/ncadp/signUp.jsp?key=28 Texas Scheduled to execute man with strong case for innocence Mother of victim is convinced Melendez is innocent He faces a March 16 execution date despite the fact that there is no physical evidence tying him to the crime. One victim of the crime described his attacker to police. A composite sketch was drawn of this suspect - a sketch which does not resemble Melendez at all. Furthermore, he was convicted largely on the testimony of gang members and jail house informants. We must act now or Texas may soon execute an innocent man! Read More and Take Action at http://www.demaction.org/dia/organizations/ncadp/ campaign.jsp?campaign_KEY=414 See and act on all current Execution Alerts at http://www.ncadp.org/execution_alerts.html March 1: Stephen Mobley, Georgia http://www.demaction.org/dia/organizations/ncadp/ campaign.jsp?campaign_KEY=405 March 8: George Hopper, Texas http://www.demaction.org/dia/organizations/ncadp/ campaign.jsp?campaign_KEY=408 March 8: William Henry Smith, Ohio http://www.demaction.org/dia/organizations/ncadp/ campaign.jsp?campaign_KEY=402 March 10: Donald Ray Wallace, Indiana http://www.demaction.org/dia/organizations/ncadp/ campaign.jsp?campaign_KEY=410 March 11: William Powell, North Carolina http://www.demaction.org/dia/organizations/ncadp/ campaign.jsp?campaign_KEY=411 March 15: Jimmie Ray Slaughter, Oklahoma http://www.demaction.org/dia/organizations/ncadp/ campaign.jsp?campaign_KEY=413 March 16: Pablo Melendez, Jr, Texas http://www.demaction.org/dia/organizations/ncadp/ campaign.jsp?campaign_KEY=414 March 16: Stanley Hall, Missouri http://www.demaction.org/dia/organizations/ncadp/ campaign.jsp?campaign_KEY=415 OKLAHOMA: Death Row Inmates Ask That Lile Be Removed From Cases 30 death row inmates filed motions earlier this month asking that Court of Criminal Appeals Judge Steve Lile not participate in the their cases. Lile has removed himself from considering any cases pending before the appellate court. Earlier this week a state audit criticized Lile and accused him of misuse of taxpayers' dollars. Most of the applications for Lile to disqualify were filed February 15th with the Court of Criminal Appeals. Chief of the section that handles post-conviction relief cases for the indigent defense system Vicki Werneke says much of the information was filed under seal and isn't open to the public. The requests' from death row inmates were dismissed yesterday by the Court of Criminal Appeals which say the request didn't have merit since Lile is no longer participating in any cases before the court. (source: Associated Press) NEW MEXICO: The Question of the Death Penalty On Tuesday, Feb. 8, I attended the Gallup Group to Repeal the Death Penalty. It was said that there are clergy in the Gallup area that are for the death penalty. I found that very difficult to believe. There was a time in which a great-grandfather of mine, Daniel Elliot, had his dealings with such a clergyman. As my research has shown, this clergyman, Samuel Paris, propagated the execution of many an innocent person. Records show Daniel testified in defense of an innocent woman, an Elizabeth Proctor. She did not get executed because she was with child, but her husband John did. Their story may be found in "The Crucible," a play by the late Arthur Miller. At the time, there was a Quaker merchant, Thomas Maule, who lived in the House of Seven Gables (a main attraction in Salem, Mass.). He spoke out against the execution of these people to the point that he was tried for seditious libel, but he was acquitted. He took the position that it is wrong to execute people for witchcraft (except in cases of murder), and he also questioned the reliability of the alleged confessions. Also, on June 1, 1660, Mary Barrett Dyer, an English Quaker, was hung in Boston for repeatedly defying a law banning Quakers from the colony. She is considered to be the last religious martyr in North America. When I lived in Utah, executions had been stopped for a number of years. However, supporters of the death penalty brought it back to Utah and executed Gary Mark Gilmore. Likewise, in New Mexico, Terry Clark, a white male on death row who wanted to be executed, was the first to be executed in the state after a lapse in executions. Do you think Utah has just executed white males since Gilmore? Do you think if New Mexico retains the death penalty, it will only execute white males like Clark who want to be executed? As a citizen of these states in which execution takes place, I become one of the killers. And if an innocent individual is executed by my state government, I will become a murderer. If the state executes, it condones killing as a solution to problems. Some people may be learning from their state government that killing is the way to solve their problems. It is found that those states which have the death penalty also have a higher level of violent crimes. There are a number of civilized nations in the world, inclusive of the indigenous nations in this area such as the Navajo and Zuni, which do not condone the death penalty. The State of New Mexico could easily show it feels the same way by repealing the death penalty. If you do not want to be a part of any future executions and feel that life in prison without parole is a more humane solution for the State of New Mexico, you may want to contact your state representatives and governor and voice your opinion. Of course, if you're one of the people in this country who supports the death penalty, you may want to express yourself otherwise. (source: Mark Elliott is a mathematics instructor for Gallup High School and UNM-Gallup; Gallup Independent) GEORGIA: 3 from Hall on death row Stephen Anthony Mobley, who is scheduled to be executed Tuesday, is not the only Hall County killer on Georgia's death row. There are 2 others also awaiting exeuction. David Scott Franks was convicted in 1998 of killing a Gainesville woman in a two-day crime spree that also left her husband and another man dead in west Georgia. Scotty Morrow is also on death row - convicted 5 years ago of the murders of his girlfriend and another woman. Also, among the 123 people on Georgia's death row is Timothy Woodrow Pruitt who was convicted of murder in Jumpkin County in 1996. Mobley came within 2 1/2 hours of being put to death by lethal injection in August 2002 for the 1991 robbery-murder of an Oakwood pizza store manager. The 2 judges on the 11th U.S. Circuit Court of Appeals who issued the stay did not give a reason and the stay remained in effect until a couple of weeks ago when a new death warrant was signed by a Hall County Superior Court judge. If Mobley is executed Tuesday, he will be the first Hall County killer to be put to death in nearly 70 years. John Daniel and Demps Charles were electrocuted on the same day, Aug. 21 1936, for murder. Others - besides Mobley, Morrow and Franks - have been sentenced to death since then, but for one reason or another they are no longer on death row. Georgia switched from the electric chair to lethal injection in 2000. The electric chair had been in use since 1924 when the state switched from hanging, which had been used since 1735, as the means of carryiing out executions. A U.S. Supreme Court ruling in 1964 suspended all executions in Georgia and elsewhere in the country. A new Georgia death sentence law was passed in 1973 and executions resumed in the state in 1976. (source: Access North Georgia)
