The Mercury News

Biden against executions as government sets 3 more

- By Michael Balsamo

WASHINGTON >> Presidente­lect Joe Biden is against the death penalty and will work to end its use, his spokesman said Saturday, as the Justice Department scheduled three more federal executions during before the Jan. 20 inaugurati­on, including two shortly before he is set to take office.

The Bureau of Prisons on Thursday carried out the eighth federal execution this year, after a 17-year hiatus, and it is likely to increase pressure on Biden decide whether his administra­tion would continue to schedule executions once he is sworn in. Advocacy groups have called on President Donald Trump’s administra­tion to pause all executions until Biden takes office.

Biden “opposes the death penalty now and in the future,” press secretary T. J. Ducklo said. He did not say whether executions would be paused immediatel­y once Biden takes office.

Federal executions resumed this year despite the coronaviru­s pandemic that has killed more than 250,000 people and is raging inside the nation’s prison systems. This year, the Justice Department has put to death more people than during the previous half century, despite waning public support from both Democrats and Republican­s for its use.

In a court filing Friday night, the department said it was scheduling the executions of Alfred Bourgeois for Dec. 11 and Cory Johnson and Dustin Higgs for Jan. 14 and 15. Two other executions had been scheduled for this year, including the first woman set to be executed by the federal government in about six decades. But on Thursday, a federal judge ruled that execution could not proceed before the end of the year.

Prosecutor­s say Bourgeois tortured, sexually molested and then beat to death his 21/2-year- old daughter to death.

Johnson was one of three crack cocaine dealers convicted in a string of murders. Prosecutor­s said he killed seven people in in an attempt to expand the territory of a Richmond, Virginia, gang and silence informants. His co- defendants, members of same drug gang, are also on death row.

Johnson’s lawyers argue their client is intellectu­ally disabled and thus it would be unconstitu­tional to put him to death. The Supreme Court has held that it is unlawful to execute a person who is of such a low intelligen­ce that he can’t function in society.

His lawyers say “no jury or court has ever listened to the evidence at a hearing to decide if he has intellectu­al disability.”

Higgs was convicted of ordering the 1996 murders of three women at a federal

wildlife center near Beltsville, Maryland. Prosecutor­s say Higgs and two others abducted the women after Higgs became enraged because one of the women rebuffed his advances at a party.

Higgs’ attorney, Sean Nolan, said his client didn’t kill anyone, had ineffectiv­e attorneys and didn’t deserve the death penalty. Higgs’ co- defendant, who prosecutor­s said carried out the

killings, was not sentenced to death, and Nolan said it is “arbitrary and inequitabl­e to punish Mr. Higgs more severely than the person who committed the murders.”

All three are Black men, as were those who were recently executed. One upcoming execution is on hold, in part because the death row inmate’s lawyers got the coronaviru­s.

When executions re

sumed this year, the death row inmates chosen were all white. Critics have argued that executing white inmates first was a political calculatio­n in a nation embroiled in racial bias concerns involving the criminal justice system.

A September report by the Washington, D.c.-based Death Penalty Informatio­n Center said Black people remain overrepres­ented on death rows.

 ?? THE ASSOCIATED PRESS ?? The federal prison complex in Terre Haute, Ind. The Justice Department has scheduled three more federal executions before President-elect Joe Biden takes office.
THE ASSOCIATED PRESS The federal prison complex in Terre Haute, Ind. The Justice Department has scheduled three more federal executions before President-elect Joe Biden takes office.

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