Arizona Capital Representation Project

Judge Roslyn Silver of the U.S. District Court for the District of Arizona has granted a temporary stay of the execution of Jeffrey Landrigan.  Judge Silver further ordered the State to immediately disclose the manufacturer of its supply of sodium thiopental to Mr. Landrigan’s lawyers.

2010-10-25 Order stay execution

UPDATE: Attorney General and gubernatorial candidate Terry Goddard has told the Arizona Republic that it is his “understanding” that Arizona Department of Corrections obtained the sodium thiopental from Great Britain.  Read the story here.

On Saturday, October 23, Judge Roslyn Silver of the U.S. District Court for the District of Arizona ordered the State to publicly disclose the manufacturer and expiration date of the sodium thiopental it intends to use in the execution of Jeffrey Landrigan.  The order came after the State declined Judge Silver’s request for the voluntary disclosure of such information.  As of this morning, the State has continued to refuse the public disclosure of the drug’s manufacturer, although it has disclosed the expiration date of May 2014.

Judge Silver’s recent orders can be viewed below.  Additional pleadings can be found on www.fpdaz.org.

October 23 Order

October 24 Order

On Friday, the Arizona Board of Executive Clemency recommended a temporary reprieve to Jeffrey Landrigan to allow for the resolution of DNA testing currently being conducted on crime scene evidence.  Governor Brewer denied the reprieve Sunday night.

Governor Brewer’s statement on the denial can be read here.

CAADP vigil

Where:  Tucson, AZ; Northeast corner of Campbell and Speedway

When: October 25, 5-5:45 p.m.

By:  Coalition of Arizonans to Abolish the Death Penalty

In the past week, two more men have been sentenced to death in Maricopa County.  Fabio Gomez was sentenced on October 15 and Eddie Rose was sentenced on October 19.  The total number of death sentences imposed in Arizona this year is up to 8, all in Maricopa County.  Several more cases are expected to go to trial before the end of the year.

The Habeas Assistance and Training Counsel, along with the Administrative Office of the U.S. Courts are hosting a Mental Health Seminar for criminal defense lawyers in New Orleans on January 13-16, 2011.  Please see the training announcement below.

2011MentalHealthAnnouncement

The Department of Corrections informed the Arizona Supreme Court on September 30 that it was able to obtain sufficient quantities of sodium thiopental to carry out the execution of Jeffrey Landrigan on October 26.  ADOC has refused to provide information on how it obtained the drugs, citing security concerns.

Mr. Landrigan’s attorneys have requested the Arizona Supreme Court stay the execution, in order to allow them to conduct DNA testing.  His attorneys have further moved the Court to order ADOC to provide information on the source of the drugs and to adhere to the current lethal injection protocol.

Read local news coverage here and here.

Hospira, the manufacturer of the drugs used in lethal injection, has sent a letter to the Department of Corrections in every state, indicating the company opposes the use of its products in capital punishment.

One of these drugs, sodium thiopental, is in short supply, which may result in Jeff Landrigan’s execution being stayed.

2010 Letter from Hospira to DOC

The Arizona Supreme Court has issued a warrant for the execution of Jeffrey Landrigan. The execution is currently scheduled for October 26, but the state has been ordered to inform the Court by October 1 whether they are able to obtain sufficient quantities of the lethal injection drugs.  If the state cannot obtain the drugs, the Court may issue a stay.  Arizona has not executed a death row inmate since 2007.

2010-09-22 Warrant for Execution

This morning the 9th Circuit denied relief in Towery v. Schriro. The district court had certified one issue, prosecutorial misconduct, and the court of appeals certified two additional issues, judicial bias and ineffective assistance of counsel.  The court of appeals denied the prosecutorial misconduct claim on the merits, judicial bias on procedural grounds, and IAC on the grounds that the state court denial of relief was not objectively unreasonable under AEDPA.

2010-09-22 9th Op