The state of Arkansas is in the midst of another legal showdown as it prepares for the last execution in its aggressive, and widely criticized, effort to put eight prisoners to death over 11 days.
Four of the men have been given individual stays of execution. Three inmates were executed in the past week, including the country’s first double execution in 17 years.
Kenneth Williams, 38, is the lone prisoner scheduled to die on Thursday night. His lawyers, hoping to spare his life, have filed petitions in local and federal appeals courts and have also asked Republican Gov. Asa Hutchinson for a reprieve so the clemency board can consider what they say is new information that’s emerged since his clemency hearing earlier this month.
On Thursday afternoon, Williams’ attorneys also petitioned the U.S. Supreme Court to halt his execution because of intellectual disability, which would make him ineligible for execution under the Eighth Amendment’s protection against cruel and unusual punishments.
Shawn Nolan, an attorney whose office was recently appointed to represent Williams, said the state has not offered evidence to counter what he calls “the substantial proof” that Williams is intellectually disabled, nor has it offered its own expert witness to support its side.
“Unfortunately, the courts have simply refused to allow Mr. Williams to prove his intellectual disability, a disability that would prohibit his execution,” Nolan said in a statement. “To think Mr. Williams can be executed without any court review is simply unimaginable and would be a grave injustice.”
His legal team also noted that Williams has various health conditions, including lupus and sickle cell anemia, that could cause him to suffer an unconstitutionally painful death.
Arkansas Attorney Genera Leslie Rutledge, a Republican, opposes clemency or a stay of execution and accuses Williams of trying to run down the clock: Williams’ death warrant expires at midnight Thursday, while the state’s supply of midazolam, the first drug in the three-drug lethal injection protocol, expires at the end of the month.
The expiring drug supply is what propelled the state’s unprecedented execution schedule, as Gov. Hutchinson previously stated it was unclear whether the state would be able to procure more of the drugs after its existing supply expires.
Williams is convicted of killing three people and has admitted to killing a fourth. He was sentenced to life in prison in 2000 for the 1998 kidnapping and killing of Dominique Hurd, a student at the University of Arkansas at Pine Bluff.
Less than three weeks into the start of his life sentence, Williams escaped from a maximum-security prison in southeast Arkansas and fatally shot Cecil Boren, a 57-year-old farmer, while on the run. Williams fled when police found him and fatally crashed into 24-year-old Michael Greenwood, a delivery truck driver, while trying to escape. Williams received his capital sentence for Boren’s death.
In 2005, Williams confessed to killing 36-year-old Jerrell Jenkins, whom he fatally shot the same day as Hurd, in a letter to the editor of the Pine Bluff Commercial. Williams, who describes himself as a born-again Christian, said he took responsibility for his actions.
Greenwood’s family is among those calling for clemency; on Thursday morning, Greenwood’s widow and daughter requested a meeting with Hutchinson to make their plea.
The Greenwood family said they forgive Williams and even paid for plane tickets for his daughter and granddaughter who live in Washington state so that they could see him before his execution.
Williams’ lawyers note that the clemency board never heard from the Greenwoods during his clemency hearing earlier this month and that they only heard from the Boren family, which supports the state’s plan to execute Williams.
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