21 Apr 2017

Arkansas inmate executed minutes before deadline expires

6:13 pm on 21 April 2017

Arkansas has executed its first inmate in 12 years after a protracted legal battle that questioned aspects of the use of the death penalty in the United States.

Ledell Lee was the first man to be executed in Arkansas in 12 years.

Ledell Lee was the first man to be executed in Arkansas in 12 years. Photo: AFP

The US Supreme Court cleared the way for the state to conduct the execution by removing holds on the lethal injection of the death row inmate, just 30 minutes before the state's death warrant expired at midnight (Arkansas time).

Ledell Lee, 51, was pronounced dead at 11.56pm, four minutes before the warrant expired, in the state's death chamber in its Cummins Unit prison, a Department of Corrections spokesman said. Lee did not make a final statement.

Lee was convicted and sentenced to death for beating Debra Reese to death with a tire iron in 1993. Ms Reese's relatives were at the Cummins Unit and told media Lee deserved to die for a crime that ripped their lives apart.

Lawyers for Lee, who had spent more than 20 years on death row, had filed numerous motions in various courts ahead of the lethal injection that had put the process on hold.

Lee had maintained his innocence for years and was seeking DNA tests his lawyers said could prove his innocence.

He was the first person in a group of what had been eight men Arkansas originally planned to execute in 11 days, the most of any state in as short a period since the Supreme Court reinstated the death penalty in 1976.

Courts have halted four of those executions.

Line between life and death 'close to random'

Lawyers for the eight inmates, including Lee, had argued the state's rush to the death chamber amounted to cruel and unusual punishment, violated the inmates' right to counsel and their right to access the courts and counsel during the execution process.

The Supreme Court denied the petitions for the group. One of them was a 5-4 decision in which new Justice Neil Gorsuch sided with the four other conservative justices in denying the motion, while the court's liberals dissented.

Republican Governor Asa Hutchinson set the execution schedule because one of the three drugs used in Arkansas executions, the sedative midazolam, expired at month's end.

In a dissenting opinion, Justice Stephen Breyer said he took issue with the state trying to use the drugs before their expiration date.

"In my view, that factor, when considered as a determining factor separating those who live from those who die, is close to random," he wrote.

- Reuters

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