Northwest Arkansas Democrat-Gazette
Judge halts execution
Lethal injection put off after inmate said to have dementia.
TERRE HAUTE, Ind. — A judge on Wednesday halted the execution of a man, said to be suffering from dementia, who was set to die by lethal injection in the federal government’s second execution this week after a 17-year hiatus.
Wesley Ira Purkey, convicted of a gruesome 1998 kidnapping and killing, was scheduled for execution Wednesday night at the U.S. Penitentiary in Terre Haute, Ind., where Daniel Lewis Lee was put to death Tuesday after his eleventh-hour legal bids failed.
U.S. District Judge Tanya Chutkan in Washington, D.C., imposed two injunctions prohibiting the federal Bureau of Prisons from moving forward with Purkey’s execution. The Justice Department immediately appealed in both cases. A separate temporary stay was already in place from the 7th U.S. Circuit Court of Appeals in Chicago.
The legal wrangling suggested a volley of litigation would continue into the evening, similar to what happened before the government executed Lee following a ruling from the Supreme Court. One of the injunctions imposed Wednesday would halt not only Purkey’s execution, but another that has been scheduled for Friday and one in August.
The Supreme Court on Wednesday ended the stay by the 7th Circuit, but the others remained in place. Purkey’s execution was originally scheduled for Wednesday afternoon but was put off until the evening as the legal issues played out.
Lee, convicted of killing an Arkansas family in a 1990s plot to build a whites-only nation, was the first of four condemned men scheduled to die in July and August despite the coronavirus pandemic raging inside and outside prisons.
Purkey, 68, of Lansing, Kan., would be the second.
“This competency issue is a very strong issue on paper,” said Robert Dunham, executive director of the Death Penalty Information Center. “The Supreme Court has halted executions on this issue in the past. At a minimum, the question of whether Purkey dies is going to go down to the last minute.”
Chutkan didn’t rule on whether Purkey was competent but said the court needed to evaluate the claim. She said there was no question he’d suffer “irreparable harm” if he was put to death before his claim could be evaluated.
Lee’s execution had gone forward a day late. It was scheduled for Monday afternoon, but the Supreme Court only gave the green light in a 5-4 ruling early Tuesday.
Repeatedly on Wednesday, a federal judge also denied a request from Dustin Lee Honkin, an Iowa drug kingpin scheduled to be executed Friday, to delay his execution. The judge said he would not delay Honken’s execution because of the coronavirus pandemic and said the Bureau of Prisons was in the best position to weigh the health risks.
The issue of Purkey’s mental health arose in the run-up to his 2003 trial and when jurors had to decide whether he should be put to death in the killing of 16-year-old Jennifer Long in Kansas City, Mo. Prosecutors said he raped and stabbed her, dismembered her with a chain saw, burned the body and dumped her ashes in a pond in Kansas. Purkey was separately convicted and sentenced to life in the beating death of 80-yearold Mary Ruth Bales, of Kansas City, Kan.
But the legal questions of whether he was mentally fit then are different from whether he’s fit now to be put to death. Purkey’s lawyers argue he clearly isn’t, saying in recent filings he suffers from advancing Alzheimer’s disease.
“He has long accepted responsibility for the crime that put him on death row,” one of this lawyers, Rebecca Woodman, said. “But as his dementia has progressed, he no longer has a rational understanding of why the government plans to execute him.” Purkey believes his planned execution is part of a conspiracy involving his attorneys, Woodman said. In other filings, they describe delusions that people were spraying poison into his room and that drug dealers implanted a device in his chest meant to kill him.
In a landmark 1986 decision, the Supreme Court ruled the Constitution prohibits executing someone who lacks a reasonable understanding of why he’s being executed. It involved the case of Alvin Ford, who was convicted of murder but whose mental health deteriorated behind bars to the point, according to his lawyer — he believed he was the pope.
Glenda Lamont, the mother of the slain teenager, told The Kansas City Star last year that she planned to attend Purkey’s execution.
“I don’t want to say that I’m happy,” Lamont said. “At the same time, he is a crazy madman that doesn’t deserve, in my opinion, to be breathing anymore.”