Capital punishment in Oklahoma

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Capital punishment is legal in the U.S. State of Oklahoma.

Oklahoma is one of the leading states in number of performed post-Furman executions, behind only Texas and Virginia[1] and leading in number of executions per capita[2].

Oklahoma was also the first state and the first jurisdiction in the world to adopt lethal injection as method of executions[3].

Contents

[edit] Capital offenses

  • First Degree Murder[4].
    • A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.
    • A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances, or trafficking in illegal drugs.
    • A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure or permit any of said acts to be done upon the child pursuant to Section 7115 of Title 10 of the Oklahoma Statutes. It is sufficient for the crime of murder in the first degree that the person either willfully tortured or used unreasonable force upon the child or maliciously injured or maimed the child.
    • A person commits murder in the first degree when that person unlawfully and with malice aforethought solicits another person or persons to cause the death of a human being in furtherance of unlawfully manufacturing, distributing or dispensing controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act, unlawfully possessing with intent to distribute or dispense controlled dangerous substances, or trafficking in illegal drugs.
    • A person commits murder in the first degree when that person intentionally causes the death of a law enforcement officer or correctional officer while the officer is in the performance of official duties.
  • Sex crimes against a child under 14 years of age[5].


[edit] Process

The jury decides the sentence for the criminal. Three sentences are allowed for First Degree Murder including death, life imprisonment without parole or life imprisonment.

  • For a sentence of death to be imposed for first degree murder, at least one or more aggravating circumstances must be found present or the aggravating factors must outweigh the mitigating circumstances:
    • The defendant was previously convicted of a felony involving the use or threat of violence to the person.
    • The defendant knowingly created a great risk of death to more than one person.
    • The person committed the murder for remuneration or the promise of remuneration or employed another to commit the murder for remuneration or the promise of remuneration.
    • The murder was especially heinous, atrocious, or cruel.
    • The murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution.
    • The murder was committed by a person while serving a sentence of imprisonment on conviction of a felony.
    • The existence of a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society.

Otherwise, life imprisonment without parole or life imprisonment are the only sentences allowed.

A sentence of death has an automatic appeal to the Oklahoma Court of Criminal Appeals.

  • They Review:
    • Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor.
    • Whether the evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in Section 701.12 of this title.
    • In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to:
      • Affirm the sentence of death; or
      • Set the sentence aside and remand the case for resentencing by the trial court.

The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration. The court shall render its decision on legal errors enumerated, the factual substantiation of the verdict, and the validity of the sentence.

[edit] Clemency

Under current statute Governor of Oklahoma may grant a commutation of the death sentence, but must have the Recommendation of Clemency From a Board or Advisory Group. The only post-Furman pardon was granted by Gov. Brad Henry on May 13, 2004 to Osvaldo Torres[6].

Henry explainted that it was important to remember that the actual shooter in these horrific murders was also sentenced to death and faces execution and that he concluded that there is a possibility a significant miscarriage of justice occurred... specifically that the violation of his Vienna Convention Rights contributed to trial counsel's ineffectiveness, that the jury did not hear significant evidence, and that the result of the trial is unreliable[7].

In earlier years Governor Lee Cruce commuted every death sentence imposed during his administration (1911-1915)[8].

[edit] Method

Lethal injection is the only method of executions and after the resumption of executions in 1990 all were put to death by this fashion.

However electric chair, used in pre-Furman period, is designated to be a backup method if injection be ever declared unconstitutional. If both electrocution and injection were found unconstitutional, firing squad is a backup method[9].

[edit] List of individuals executed since 1976

A total of 86 individuals convicted of murder have been executed by the state of Oklahoma since 1976. All were executed by lethal injection.

Executed person Date of execution Murder victim Under Governor
1 Charles Troy Coleman 10 September 1990 John Seward Henry Bellmon
2 Robyn Leroy Parks 10 March 1992 Abdullah Ibrahim David Walters
3 Olan Randle Robinson 13 March 1992 Shiela Lovejoy and Robert Swinford David Walters
4 Thomas J. Grasso 20 March 1995 Hilda Johnson Frank Keating
5 Roger Dale Stafford 1 July 1995 Melvin Lorenz, Linda Lorenz, and Richard Lorenz Frank Keating
6 Robert Allen Brecheen [1][2][3] 11 August 1995 Marie Stubbs Frank Keating
7 Benjamin Brewer 26 April 1996 Karen Joyce Stapleton Frank Keating
8 Steven Keith Hatch 9 August 1996 Richard Douglas and Marilyn Douglas Frank Keating
9 Scott Dawn Carpenter 7 May 1997 A.J. Kelley Frank Keating
10 Michael Edward Long 20 February 1998 Sheryl Graber and Andrew Graber Frank Keating
11 Stephen Edward Wood 5 August 1998 Robert B. Brigden Frank Keating
12 Tuan Anh Nguyen 10 December 1998 Amanda White and Joseph White Frank Keating
13 John Wayne Duvall 17 December 1998 Karla Duvall Frank Keating
14 John Walter Castro 7 January 1999 Beulah Grace, Sissons Cox, and Rhonda Pappan Frank Keating
15 Sean Richard Sellers 4 February 1999 Paul Bellofatto, Vonda Bellofatto, and Robert Bower Frank Keating
16 Scotty Lee Moore 3 June 1999 Alex Fernandez Frank Keating
17 Norman Lee Newsted 8 July 1999 Larry Buckley Frank Keating
18 Cornel Cooks 2 December 1999 Jennie Elva Ridling Frank Keating
19 Bobby Lynn Ross 9 December 1999 Steven Mahan Frank Keating
20 Malcolm Rent Johnson 6 January 2000 Ura Alma Thompson Frank Keating
21 Gary Alan Walker 13 January 2000 Eddie O. Cash, Valerie Shaw-Hartzell, Jane Hilburn, Janet Jewell, Margaret Bell Lydick, and DeRonda Gay Roy Frank Keating
22 Michael Donald Roberts 10 February 2000 Lula Mae Brooks Frank Keating
23 Kelly Lamont Rogers 23 March 2000 Karen Marie Lauffenburger Frank Keating
24 Ronald Keith Boyd 27 April 2000 Richard Oldham Riggs Frank Keating
25 Charles Adrian Foster 25 May 2000 Claude Wiley Frank Keating
26 James Glenn Rodebeaux 1 June 2000 Nancy Rose Lee McKinney Frank Keating
27 Roger James Berget 8 June 2000 Rick Lee Patterson Frank Keating
28 William Clifford Bryson 15 June 2000 James Earl Plantz Frank Keating
29 Gregg Francis Braun 10 August 2000 Gwendolyn Sue Miller, Barbara Kchendorfer, Mary Raines, Pete Spurrier, and Geraldine Valdez Frank Keating
30 George Kent Wallace 10 August 2000 William Von Eric Domer and Mark Anthony McLaughlin Frank Keating
31 Eddie Leroy Trice 9 January 2001 Ernestine Jones Frank Keating
32 Wanda Jean Allen 11 January 2001 Gloria Lean Leathers Frank Keating
33 Floyd Allen Medlock 16 January 2001 Katherine Ann Busch Frank Keating
34 Dion Athansius Smallwood 18 January 2001 Lois Frederick Frank Keating
35 Mark Andrew Fowler 23 January 2001 John Barrier, Rick Cast, and Chumpon Chaowasin Frank Keating
36 Billy Ray Fox 25 January 2001 John Barrier, Rick Cast, and Chumpon Chaowasin Frank Keating
37 Loyd Winford Lafevers 30 January 2001 Addie Mae Hawley Frank Keating
38 Dorsie Leslie Jones, Jr. 1 February 2001 Stanley Eugene Buck, Sr. Frank Keating
39 Robert William Clayton 1 March 2001 Rhonda Kay Timmons Frank Keating
40 Ronald Dunaway Fluke 27 March 2001 Ginger Lou Fluke, Kathryn Lee Fluke, and Suzanna Michelle Fluke Frank Keating
41 Marilyn Kay Plantz 1 May 2001 James Earl Plantz Frank Keating
42 Terrance Anthony James 22 May 2001 Mark Allen Berry Frank Keating
43 Vincent Allen Johnson 29 May 2001 Shirley Mooneyham Frank Keating
44 Jerald Wayne Harjo 17 July 2001 Ruther Porter Frank Keating
45 Jack Dale Walker 28 August 2001 Shely Deann Ellison and Donald Gary Epperson Frank Keating
46 Alvie James Hale, Jr. 18 October 2001 William Jeffery Perry Frank Keating
47 Lois Nadean Smith 4 December 2001 Cindy Baillee Frank Keating
48 Sahib Lateef Al-Mosawi 6 December 2001 Inaam Al-Nashi and Mohamed Al-Nashi Frank Keating
49 David Wayne Woodruff 21 January 2002 Roger Joel Sarfaty and Lloyd Thompson Frank Keating
50 John Joseph Romano 29 January 2002 Roger Joel Sarfaty and Lloyd Thompson Frank Keating
51 Randall Eugene Cannon 23 July 2002 Addie Mae Hawley Frank Keating
52 Earl Alexander Frederick, Sr. 30 July 2002 Bradford Lee Beck Frank Keating
53 Jery Lynn McCracken 10 December 2002 Tyrrell Lee Boyd, Steve Allen Smith, Timothy Edward Sheets, and Carol Ann McDaniels Frank Keating
54 Jay Wesley Neill 12 December 2002 Kay Bruno, Jerri Bowles, Joyce Mullenix, and Ralph Zeller Frank Keating
55 Ernest Marvin Carter, Jr. 17 December 2002 Eugene Mankowski Frank Keating
56 Daniel Juan Revilla 16 January 2003 Mark Gomez Brad Henry
57 Bobby Joe Fields 13 February 2003 Louise J. Schem Brad Henry
58 Walanzo Deon Robinson 18 March 2003 Dennis Eugene Hill Brad Henry
59 John Michael Hooker 25 March 2003 Sylvia Stokes and Durcilla Morgan Brad Henry
60 Scott Allen Hain 3 April 2003 Michael William Houghton and Laura Lee Sanders Brad Henry
61 Don Wilson Hawkins, Jr. 8 April 2003 Linda Ann Thompson Brad Henry
62 Larry Kenneth Jackson 17 April 2003 Wendy Cade Brad Henry
63 Robert Wesley Knighton 27 May 2003 Richard Denney and Virginia Denney Brad Henry
64 Kenneth Chad Charm 5 June 2003 Brandy Crystian Hill Brad Henry
65 Lewis Eugene Gilbert II 1 July 2003 Roxanne Lynn Ruddell Brad Henry
66 Robert Don Duckett 8 July 2003 John E. Howard Brad Henry
67 Bryan Anthony Toles 22 July 2003 Juan Franceschi and Lonnie Franceschi Brad Henry
68 Jackie Lee Willingham 24 July 2003 Jayne Ellen Van Wey Brad Henry
69 Harold Loyd McElmurry III 29 July 2003 Rosa Vivien Pendley and Robert Pendley Brad Henry
70 Tyrone Peter Darks 13 January 2004 Sherry Goodlow Brad Henry
71 Norman Richard Cleary 17 February 2004 Wanda Neafus Brad Henry
72 David Jay Brown 9 March 2004 Eldon Lee McGuire Brad Henry
73 Hung Thanh Le 23 March 2004 Hai Hong Nguyen Brad Henry
74 Robert Leroy Bryan 8 June 2004 Mildred Inabell Bryan Brad Henry
75 Windel Ray Workman 26 August 2004 Amanda Hollman Brad Henry
76 Jimmie Ray Slaughter 15 March 2005 Melody Sue Wuertz and Jessica Rae Wuertz Brad Henry
77 George James Miller, Jr. 12 May 2005 Gary Kent Dodd Brad Henry
78 Michael Lannier Pennington 19 July 2005 Bradley Thomas Grooms Brad Henry
79 Kenneth Eugene Turrentine 11 August 2005 Avon Stevenson, Anita Richardson, Tina Pennington, and Martise Richardson Brad Henry
80 Richard Alford Thornburg, Jr. 18 April 2006 Jim Poteet, Terry Shepard, Kevin Smith Brad Henry
81 John Albert Boltz 1 June 2006 Doug Kirby Brad Henry
82 Eric Allen Patton 29 August 2006 Charlene Kauer Brad Henry
83 James Patrick Malicoat 31 August 2006 Tessa Leadford Brad Henry
84 Corey Duane Hamilton 9 January 2007 Joseph Gooch, Theodore Kindley, Senaida Lara, and Steven Williams Brad Henry
85 Jimmy Dale Bland 26 June 2007 Doyle Windle Rains Brad Henry
86 Frank Duane Welch 21 August 2007 Jo Talley Cooper and Debra Anne Stevens Brad Henry

[edit] Historical

From 1841 to 1966 132 people were executed in Oklahoma. 42 of these execution were prior to Statehood, 90 since[10]. One of them Arthur Gooch, was executed under U.S. Federal Government for kidnapping.

Hanging was used by the state until 1911. From 1915 to 1966 electric chair became an only method[11]. Gooch, however, was hanged in 1936.

Only one woman was executed in Oklahoma in pre-Furman period (Dora Wright, a Black domestic servant, was hanged on July 17, 1903, before statehood).

Oklahoma performed last pre-Furman electrocution (James French, 1966).

[edit] References

  1. ^ http://www.deathpenaltyinfo.org/article.php?scid=8&did=1110
  2. ^ http://www.deathpenaltyinfo.org/article.php?scid=8&did=477
  3. ^ http://www.motherjones.com/news/feature/2005/09/guiltyman.html
  4. ^ http://www.deathpenaltyinfo.org/article.php?did=144&scid=10
  5. ^ http://www.deathpenaltyinfo.org/article.php?did=144&scid=10
  6. ^ http://www.deathpenaltyinfo.org/article.php?did=126&scid=13
  7. ^ http://www.deathpenaltyinfo.org/article.php?did=126&scid=13
  8. ^ http://www.deathpenaltyinfo.org/article.php?did=126&scid=13
  9. ^ http://www.deathpenaltyinfo.org/article.php?scid=8&did=245
  10. ^ http://users.bestweb.net/~rg/execution/regional_studies_the_southwest.htm
  11. ^ http://users.bestweb.net/~rg/execution/OKLAHOMA.htm

[edit] External links

v • d • e
Capital punishment in the United States
In depth
Lists of those executed