Attorneys battling against Maryland?s death penalty in U.S. District Court in Baltimore rested their case Friday, after hearing from their final witness ? an Ohio lawyer who said she witnessed a long, painful execution earlier this year.
Dorian Hall, an Ohio public defender, told Chief Judge Benson Legg of her observations of the May 2 execution of Joseph Lewis Clark.
During his execution, Clark told onlookers numerous times ? “It?s not working; It?s not working” — Hall said. “We heard these really loud intense guttural moans and groans,” Hall said, adding that the moaning lasted between five and 10 minutes.
Attorneys for convicted murderer Vernon Evans Jr. are challenging Maryland?s death penalty on the grounds that the state?s use of lethal injection violates the U.S. Constitution?s ban on cruel and unusual punishment.
In his opening arguments on Monday, Evans? lead attorney A. Stephen Hut compared Clark?s death to what could potentially happen to Evans if he is executed, because the two states use similar lethal injection procedures and chemicals.
Hut said there is a “unreasonable risk that Vernon Evans will be tortured when executed by the state of Maryland.”
But Assistant Attorney General Laura Mullally attempted to disassociate Ohio?s methods from Maryland?s, pointing out that Hall has no knowledge of Maryland?s death penalty procedures.
“You don?t know anything about Maryland at all, do you?” she asked Hall, who replied that she did not.
Evans? attorneys have also taken issue with Maryland?s use of correctional officers to execute prisoners, despite those guards? lack of college degrees or medical training.
Mullally defends Maryland?s use of guards as executioners on the grounds that “an execution is not a medical procedure.”
If U.S. District Court Judge Benson Legg rules in Evans? favor, the decision could alter the way Maryland handles its executions.
Evans, one of six men on Maryland?s death row, was sentenced for the April 28, 1983, murders of two Pikesville residents, one of whom was scheduled to testify in a federal drug case. He maintains he was notthe shooter. The trial is expected to resume on Oct. 10, when lawyers for the state of Maryland will make their case.
State execution history
Since 1962, Maryland has executed five people, all since 1994.
» John Thanos, a white male, was executed in 1994.
» F. Gregory Hunt, a black male, was executed in 1997.
» Tyrone Gilliam, a black male, was executed in 1998.
» Steven Oken, a white male, was executed in 2004.
» Wesley Baker, a black male, was executed in 2005.
Source: Maryland Citizens Against State Executions.
