PHOENIX — Arizona is in no position to executeaccording to attorneys for the prison warden and the governor in a death row case that could lead to an unprecedented separation of powers showdown.
Government Katie Hobbs has been criticized by the victim’s family for trying to defy the execution order of a death row inmate convicted of the 2002 murder. The execution of Aaron Gantis was scheduled for next month, but Hobbes said he did not intend to act on his orders and would suspend his execution until he was confident that it could be done humanely according to the Constitution.
At a legal briefing filed Wednesday, state attorneys argued that the department of corrections lacked staff with the expertise to carry out executions. With no pharmacists available, officials said they were unable to find any previous administration records on where the drugs came from or who prepared them.
“While the Director continues to gather important information about the Agency’s recent practices and assess its current execution capacity, one thing is clear: the state is poised to carry out executions on April 6, 2023. It means that it is not in,” the state wrote.
“It is unprecedented, unlawful and contrary to the public interest to order the Director in particular under these circumstances.”
read more:Arizona Supreme Court Considers Ordering Governor to Execute Aaron Ganchez
State Supreme Court to Order Enforcement in April
Ganches was sentenced to death for the 2002 murder of Ted Price, ex-boyfriend of Ganches’ girlfriend.
Ganch and Former Arizona Attorney General sought and received a writ of execution He was sentenced to death by the Arizona Supreme Court. Gantis initially called for his death sentence to be carried out as soon as possible in order to bring justice to the victim’s family. then filed a motion asking the court to withdraw his requestciting concerns about the state’s ability to execute people safely and effectively.
The warrant sets Gunches’ execution for April 6, and the State Administrative Pardons Commission has scheduled a pardon hearing for March 23.
Newly elected Attorney Generals Chris Mays and Hobbes suspended executions, Review of death penalty process pending by an independent commissioner.later Supreme Court permission warrant, Hobbes said she would not act on it.
Victim’s family criticizes governor
In a statement, the victim’s sister, Karen Price, said Hobbes’ announcement shattered the relief her family felt when the court scheduled Gunches’ execution.
“Our family was not only victimized by the emotional aftermath of the murders of inmates Ganch and Ted, but the governor’s failure to recognize and uphold our constitutional rights to justice and finality. We are victimized by this,” Price said.
Price’s family Ask Supreme Court to Force Hobbes to Execute Writ of Execution.
Lawyers: Country lacks staff and knowledge for proper executions
A joint response from Hobbs’ attorney and newly appointed Director of Corrections, Ryan Thornell, argued that the state could not now wield “its most astounding and irreversible power.”
In a statement, Thornell said the Department of Corrections lacked staff “with the necessary institutional knowledge and expertise to carry out executions.”
According to Thornell, the drugs used in executions required up-to-date efficacy testing, and the department was unable to identify and contract members of the execution team to administer the drugs.
The state said these factors led it to believe that the death penalty could not be carried out on constitutional issues.
Alabama run:Alabama governor calls for executions to be suspended after third failed lethal injection
Arizona Capital punishment to resume in 2022 After a hiatus of about eight years, three men were executed, but no members of the execution team I had trouble inserting the IV line in all 3 cases.
In one example, a death row inmate Frank Atwood Providing guidance to the execution team while he lay tied up in a gurney in the death chamber. There are currently 110 people on death row in the state.
Can the governor defy a writ of execution?
Lawyers argued that the writ of execution merely “authorized” the execution and did not order the state to do so. ‘It will be a step, they said. separation of powers and constitutional evasion principle.
In an interview with the Republic of Arizona, part of the USA TODAY network, Attorney General Chris Mays said, “There are absolutely clear grounds for a moratorium on these executions.” And we have a duty to uphold the Constitution, and we do that by ensuring that the death penalty can be carried out in a constitutional and legal manner.
“I think it’s no secret that we inherited the worst, most incompetent, most underfunded corrections office in the country,” Mays said. “And I don’t think it takes a leap to suggest that before we do, we need to understand whether they are capable of doing so.”
Mays said he is not personally against the death penalty, but he wants states to be able to carry out executions “in a legal and constitutional manner.”
Maricopa County Attorney Rachel Mitchell also argued to the state Supreme Court that Hobbes had no authority to ignore the execution order.
Mitchell’s attorney, Nicholas Klingerman, said the state’s execution procedures did not appear to be unconstitutional and that the execution of the writ was not voluntary for the governor.
“There is nothing in Arizona’s constitution, statutes, or warrants that gives the governor discretionary powers to ignore warrants and recognize what essentially constitutes a moratorium on the death penalty,” Klingerman wrote. ing.
In a recent filing, Gantis said he “hadn’t changed his mind” and still wants to be executed. requested the transfer of
The court denied his request.
Contributed by Associated Press
