On Friday, Alabama Governor Kay Ivey informed Alabama Attorney General Steve Marshall that he could resume the process of executing inmates awaiting their fates on death row.
Ivey made Friday’s decision after Alabama Department of Corrections (ADOC) Commissioner John Hamm informed the Governor that the “top-to-bottom” review of the state’s execution process that she had ordered was complete. Upon receiving the word from Commissioner Hamm, Ivey sent a letter to notify Marshall that he may ask the Alabama Supreme Court to issue an execution warrant for an eligible death row inmate whenever he deems appropriate.
Ivey had ordered the review of the process on Nov. 21 after two recent attempts to execute convicted murderers failed.
Alabama is currently using lethal injection as its only means of execution. If problems persist with lethal injections, the state could revert to using the electric chair. The Legislature has authorized ADOC to also use nitrogen hypoxia as a method of execution. ADOC has established procedures for using nitrogen to kill by hypoxia.
“I am pleased that Governor Ivey and the Department of Corrections have completed their review of their execution processes and feel confident that the travesty of justice that occurred in November of last year will not be repeated,” Marshall said. “As I have made clear, I and my office have remained fully committed to and capable of carrying out capital punishment in Alabama.”
Marshall had already expressed his dissatisfaction with the delay and said that, as far as he was concerned, there was no moratorium on executions in Alabama.
Marshall said that James Barber will be the first person his office will seek to execute following the governor’s decision to resume executions.
“Accordingly, my office immediately filed a motion today with the Alabama Supreme Court to set an execution date for death-row inmate James Barber, and we will be seeking death warrants for other murderers in short order,” Marshall said.
“In Alabama, we recognize that there are crimes so heinous, atrocious, and cruel, so exceptionally deprave, that the only just punishment is death,” said Marshall. “Those on death row -as well as their victims- can be certain that I and my office will always do our part to ensure that they receive that just punishment.”
Barber was sentenced to death for the murder of Dorothy Epps.
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