Discussion:
death penalty news----ALABAMA
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Rick Halperin
2017-10-16 20:04:08 UTC
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Oct. 16




ALABAMA----stay of impending execution

Execution stayed for Alabama man convicted of killing cop


A federal court granted a stay of execution for Alabama death row inmate Torrey
Twane McNabb, who was scheduled to die by lethal injection on Thursday.

The order was issued on Monday by Chief U.S. District Judge W. Keith Watkins of
the Middle District of Alabama Northern Division.

The state has appealed the stay.

The execution was scheduled for 6 p.m. Thursday at the Hollman Correctional
Facility in Atmore.

McNabb has spent the last 18 years on death row, after being convicted of
fatally shooting Montgomery police officer Anderson Gordon in September 1997.
McNabb was convicted on two capital murder counts-- one for killing Gordon
while he was on duty, and one for killing him as Gordon sat in his patrol car.
McNabb also was found guilty of two additional counts of attempted murder.

McNabb's attorney John Anthony Palombi, an assistant federal defender, filed an
emergency motion for stay of execution on Oct. 11. The defense claims the
"challenged method of execution presents a substantial risk of serious harm"
and that there's an alternative that can reduce the risk of severe pain.

A federal court of appeals stayed the execution of Jeffery Lynn Borden on Oct.
2 on similar grounds.

"Borden, in almost identical circumstances, received a stay of execution,"
Monday's order stated. "Defendants did not appeal, admittedly in part because
of the late litigation hour. The court, in equity and good conscience, cannot
treat McNabb differently than Borden when the stakes are this high. There is no
evidentiary justification for disparate treatment of McNabb."

(source: al.com)

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Rick Halperin
2017-10-19 18:32:08 UTC
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Oct. 19




ALABAMA:
U.S. Supreme Court to consider Torrey McNabb execution


The fate of an inmate convicted of murdering a Montgomery police officer 20
years ago is in the hands of the nation’s highest court.

The Alabama Attorney General’s Office Wednesday asked the U.S. Supreme Court to
allow Thursday’s scheduled execution of Torrey McNabb to go forward, arguing
the inmate has failed to show that a challenge to the state’s method of
execution is likely to succeed.

“(McNabb) offered no new evidence in support of his request for a stay,
essentially relying on the same allegations, expert reports, and deposition
excerpts that he attached to his complaint and that have been part of the
record for some time,” lawyers for the Attorney General’s Office wrote.

If the high court lifts the lower court’s stay, officials will execute McNabb,
40, on Thursday evening. McNabb’s attorneys argue that should not take place
before a federal district court holds hearings on the inmates’ challenge.

McNabb shot Montgomery police officer Anderson Gordon III on Sept. 24, 1997
while Gordon was in a parked police car responding to an accident. McNabb fired
at another officer who pursued him before police captured him. At his trial in
January 1999, McNabb admitted to shooting Gordon and apologized to Gordon’s
family from the witness stand. Both he and his attorneys argued that McNabb
ingested a large amount of cocaine that day, which made him paranoid.

The jury convicted McNabb and recommended a sentence of death. That sentence
has been upheld in federal and state courts.

Alabama executes condemned inmates using a three-drug lethal injection process.
The inmate is first administered midazolam, which aims to render the condemned
inmate unconscious. After a consciousness check, officials inject the inmate
with rocuronium bromide, which paralyzes the muscles, and potassium chloride,
which stops the heart.

The state has executed four inmates under the protocol since the beginning of
2016. Three executions took place without visible incident. But Ronald Bert
Smith gasped and coughed for 13 minutes of his 34-minute execution last
December, a reaction similar to other botched executions involving midazolam.
Critics say the drug cannot maintain unconsciousness in the face of high-stress
events, such as an inmate’s pending execution.

The inmates argue for alternative methods of execution, such as large
single-dose injections of midazolam or pentobarbital. The state argues the
inmates have not shown those methods would be less painful, or practical.

U.S. District Judge Keith Watkins dismissed the inmates’ lawsuit last November,
but the 11th Circuit Court of Appeals ordered new hearings in the case last
month. Citing that directive, Watkins stayed the execution of Jeffery Borden
earlier this month and entered his stay of McNabb’s execution on Monday. A
three-judge panel of the 11th Circuit Court of Appeals.

(source: Montgomery Advertiser)
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Rick Halperin
2017-10-19 21:44:09 UTC
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Oct. 19



ALABAMA----impending execution

U.S. Supreme Court OKs execution of Montgomery cop-killer


The U.S. Supreme Court has cleared the way for tonight's execution of Alabama
death row inmate Torrey Twane McNabb.

The execution by lethal injection is set for 6 p.m. at the Holman Correctional
Facility in Atmore.

McNabb, 40, who was convicted in the shooting death of a Montgomery police
officer, had tonight's execution stayed by a federal judge on Monday. A
three-member panel of the U.S. 11th Circuit Court of Appeals on Wednesday kept
that stay in place.

The Alabama Attorney General's Office, on behalf of the Alabama Department of
Corrections, then appealed to the U.S. Supreme Court late Wednesday in an
effort to have the execution go on at 6 p.m. tonight.

In a brief order issued just after 4 p.m. today, the U.S. Supreme Court ordered
the stay be lifted, clearing the way for tonight's execution.

"Alabama has already carried out four executions using this protocol," the AG
stated in its appeal to the Supreme Court. "Three of those executed inmates
were co-plaintiffs in this case, and their stay requests were denied by both
this Court and the Eleventh Circuit."

McNabb has spent the last 18 years on death row, after being convicted of
fatally shooting Montgomery police officer Anderson Gordon in September 1997.
McNabb was convicted on two capital murder counts-- one for killing Gordon
while he was on duty, and one for killing him as Gordon sat in his patrol car.
McNabb also was found guilty of two additional counts of attempted murder.

(source: al.com)

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Rick Halperin
2017-10-20 02:58:25 UTC
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Oct. 19



ALABAMA----execution

Alabamna executes Torrey Twane McNabb


Following last-minute court challenges, Alabama carried the execution Thursday
evening of Torrey Twane McNabb, convicted of killing a Montgomery police
officer in 1997.

McNabb's attorneys filed appeals in the case throughout Thursday to halt the
execution that was set for 6 p.m. at the Holman Correctional Facility in
Atmore. the last stay was lifted between 8 p.m. and 8:30 p.m. McNabb's official
time of death was 9:38 p.m.

McNabb's final words were:

"Mom, sis, look at my eyes. I'm unafraid ... To the state of Alabama, I hate
you motherf***ers. I hate you. I hate you."

A brief portion of his final words was unintelligible.

McNabb becomes the 3rd condemned inmate to be put to death this year in Alabama
and the 61st overall since the state resumed capital punishment in 1983.

McNabb becomes the 21st condemned inmate to be put to death this year in the
USA and the 1463rd overall since the nation resumed executions on January 17,
1977. The USA carried out 20 executions last year, and currently there are 6
executions scheduled nationwide in November and 1 in December.

(sources: al.com & Rick Halperin)


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