LISTEN LIVE KPR - On Air: Listen Live to classical, jazz and NPR news Schedule LATEST
KPR 2 - On Air: Listen live to KPR's all talk-radio service, KPR2 Recordings

Share this page              

Legal Issues Remain After Arkansas Executions

Listen to the Story

This undated photo provided by the Arkansas Department of Correction shows death-row inmate Ledell Lee, who was executed last week. It was the first execution Arkansas carried out in 12 years.

Arkansas, which has been in a race to execute death-row inmates before a key lethal drug expires, plans to hold its final execution in the series Thursday night.

Attorneys for the condemned men have put forth arguments about their innocence, intellectual abilities, mental states and about the execution procedure.

But what happens to those debates after an execution?

Ledell Lee was the first inmate executed this month in Arkansas. There was scant physical evidence tying him to the murder he was convicted of, and he was never given a DNA test before his execution.

Nina Morrison is an attorney who was brought into Lee's case only weeks before he was executed.

"If Arkansas had not been rushing to kill Mr. Lee before their supply of lethal injection drugs ran out, there's no question we would have gotten a DNA test ordered," Morrison says.

That's just one of the concerns highlighted by Robert Dunham, executive director of the Death Penalty Information Center.

"What Arkansas has been doing over the last two weeks is doing long-term damage to the death penalty as an institution," Dunham says.

He points to what he calls an "unprecedented assembly line of executions."

Attorneys for the inmates have complained about that too. They've also argued against the process itself, and what they call the Department of Correction staff's lack of preparation.

Attorneys have made filings about their clients' mental and physical health, and their difficult childhoods.

Stephen Bright, a death penalty attorney and a Yale Law School Professor, says generally when an inmate is put to death, the legal case dies too.

"Once an execution takes place, that's the end of it. The courts don't look at it anymore, because it can't be litigated in the courts. Because it's not a live controversy," Bright says.

But that hasn't stopped some attorneys from considering future legal action to do DNA testing that the courts refused to allow beforehand.

Attorney Julie Gianni, who represents some of the inmates, says after Monday's execution, she saw Marcel Williams' eyes open minutes before he was pronounced dead.

She says that raises questions about whether one of the lethal injection drugs, midazolam, rendered him unconscious.

"The best evidence as to the effects of this kind of procedure are other executions," Gianni says. "What actually happens in the real world? And so I think that these accounts are important in that regard."

Midazolam has been the subject of several last-minute legal arguments this month. The courts have allowed it, but a federal trial will examine whether the drug should be used in future executions.

Copyright 2017 Arizona Public Media. To see more, visit Arizona Public Media.

Tower Frequencies

91.5 FM KANU Lawrence, Topeka, Kansas City
96.1 FM K241AR Lawrence (KPR2)
89.7 FM KANH Emporia
99.5 FM K258BT Manhattan
97.9 FM K250AY Manhattan (KPR2)
91.3 FM  KANV Junction City, Olsburg
89.9 FM K210CR Atchison
90.3 FM KANQ Chanute

See the Coverage Map for more details

Contact Us

Kansas Public Radio
1120 West 11th Street
Lawrence, KS 66044
Download Map
785-864-4530 (Main Line)
888-577-5268 (Toll Free)