Hobbs cited her doubts about the legality of the execution and ordered a review of the state’s death penalty protocols in January. Lawyers for Maricopa County Attorney Rachel Mitchell and Karen Price, the victim’s sister, have since told the Arizona Supreme Court that the governor has no legal authority to ignore the court order.
Karen Price, whose family felt relief at the court-mandated execution date, spoke out against the governor’s decision. “Not only has our family been victimized by inmate Gunches and the emotional aftermath of Ted’s murder, we are now being victimized by the governor’s failure to recognize and uphold our constitutional rights to justice and finality,” she said in a statement to The Associated Press.
WATCH: JOHN LEGEND CALLS TRUMP A RACIST
March 16, 2023
Nicholas Klingerman, who is representing Mitchell, agreed, saying that the governor has no right to reject the court-issued warrant. “Nothing in the Constitution or laws of Arizona or the warrant gives the governor discretion to ignore the warrant and grant what essentially constitutes a temporary reprieve from the death penalty,” he commented.
RUSSIAN COURT DENIES EVAN GERSHOVICH'S APPEAL, WHAT'S NEXT FOR THE WSJ REPORTER?
But Hobbs’ lawyers argued that the state is not ready to carry out an execution in a constitutionally sound manner. In a filing to the court, they explained that the corrections department currently lacks staff with expertise, as well as a contract with a pharmacist to compound the pentobarbital necessary for the execution. Corrections Director Ryan Thornell reported that he had difficulty gathering enough information to understand the process due to a lack of documentation and had to rely on conversations with employees who were present at past executions.
WATCH FETTERMAN REACTING TO PROTESTS WAVES
Richard Dieter, executive director of the Death Penalty Information Center, believes that the governor has the power to halt executions if she is concerned about the legality of the process. “She has the power to make sure that that’s functioning properly,” he said. Dale Baich, a former federal public defender and death penalty law professor at Arizona State University, noted that the governor has “discretion for situations like this, where the governor has expressed legitimate concerns because of the problems with the (lethal injection) drugs, the qualifications of the executioners and staffing at the Department of Corrections necessary to carry out executions.”
SQUATTERS BEWARE AS GEORGIA GOVERNOR SIGNS TOUGH NEW LAW
Mel McDonald, a former U.S. Attorney for Arizona, predicted that the state Supreme Court would consider the appeal filed by Price’s sister due to the novel legal issues and questions it raises.
Gunches, who pleaded guilty to the murder of his girlfriend’s ex-husband and represented himself in court, had requested that the Supreme Court issue his execution warrant so “justice could be served and the victims could get closure.” However, his request was withdrawn in January when newly elected Attorney General Kris Mayes asked for the warrant to be withdrawn.
EXECUTION-STYLE AMBUSH: LOS ANGELES DEPUTY ATTACKED BY NOTORIOUS GANG MEMBER
Arizona has currently executed three inmates since resuming executions in 2022 but has faced criticism for the length of time it takes to insert an IV for lethal injection and for denying The Arizona Republic newspaper’s request to witness the last three deaths.
GENDER WAR ESCALATES AFTER FEDS ANNOUNCE THIS WILL NOW BE A CRIME...
The state currently houses 110 prisoners on death row, raising questions about the implications of Hobbs’ decision to disregard the court order and the potential for future executions to be carried out in a constitutional manner.
Discover alternative ideas that will make you think
Engage in mind bending debate
Earn points, rise in rank, have fun
