Alabama Supreme Court sets execution date for inmate

The Alabama Supreme Court has set an execution date of July 28 for a man convicted of killing his one-time girlfriend after breaking into her home in Jefferson County almost three decades ago, according to a court order made public Monday. Joe Nathan James Jr. would become the second Alabama inmate put to death this year unless a court intervenes. James, 49, was sentenced to die after being convicted of capital murder during a burglary in the killing of his one-time girlfriend, Faith Hall, in Birmingham. James, who had a history of stalking and harassing the woman, showed up at her apartment on Aug. 15, 1994, forced his way inside, and accused her of unfaithfulness, court documents show. James pulled a gun out of his waistband and shot the woman, who died of multiple gunshot wounds, and James was later arrested in California. A Jefferson County jury convicted James of capital murder in 1996 and voted to recommend the death penalty, which a judge imposed. The conviction was overturned when the Alabama Court of Criminal Appeals ruled that a judge wrongly admitted some police reports into evidence. James was retried and again sentenced to death in 1999, when jurors rejected defense claims that he was under emotional duress at the time of the shooting. Courts have since rejected appeals by James including claims that his lawyers were ineffective, and the state asked the court in March to set an execution date. James has never claimed to be innocent, the state argued, and he’s exhausted his appeals. In a hand-written appeal filed in federal court on his own behalf in April, James again claimed his lawyers were ineffective and said a judge wrongly admitted evidence and allowed prosecutors to ask improper questions. A judge hasn’t ruled on his petition, records show. While inmates can choose lethal injection or the electric chair, none has opted for electrocution. James’ execution would presumably be carried out by lethal injection since the state hasn’t said it is ready to conduct executions by an untried method called nitrogen hypoxia. Matthew Reeves was put to death in January by lethal injection in the state’s only execution so far this year. Republished with the permission of The Associated Press.
Matthew Reeves executed for 1996 killing after Supreme Court clears way

Alabama executed an inmate by lethal injection for a 1996 murder on Thursday after a divided U.S. Supreme Court sided with the state and rejected defense claims the man had an intellectual disability that cost him a chance to choose a less “torturous,” yet untried, execution method. Matthew Reeves, 43, was put to death at Holman Prison after the court lifted a lower court order that had prevented corrections workers from executing the prisoner. He was pronounced dead at 9:24 p.m. CST, state Attorney General Steve Marshall said in a statement. Reeves was convicted of killing Willie Johnson Jr., a driver who gave him a ride in 1996. Evidence showed Reeves went to a party afterward and celebrated the killing. The inmate had no last words. After craning his neck to look around a few times, Reeves grimaced and looked at his left arm toward an intravenous line. With his eyes closed and mouth slightly agape, Reeves’ abdomen moved repeatedly before he grew still.ADVERTISEMENT Gov. Kay Ivey, in a statement, said Johnson was “a good Samaritan lending a helping hand” who was brutally murdered. Reeves’ death sentence “is fair, and tonight, justice was rightfully served,” she added. Prison officials said some of Johnson’s family witnessed the execution. In a written statement, they said: “After 26 years justice (has) finally been served. Our family can now have some closure.” Reeves was convicted of capital murder for the slaying of Johnson, who died from a shotgun blast to the neck during a robbery in Selma on Nov. 27, 1996. He was killed after picking up Reeves and others on the side of a rural highway. After the dying man was robbed of $360, Reeves, then 18, went to a party where he danced and mimicked Johnson’s death convulsions, authorities said. A witness said Reeves’ hands were still stained with blood at the celebration, a court ruling said. While courts have upheld Reeves’ conviction, the last-minute fight by his lawyers seeking to stop the execution involved his intellect, his rights under federal disability law, and how the state planned to kill him. The Supreme Court on Thursday evening tossed out a decision by the 11th U.S. Circuit Court of Appeals, which had ruled Wednesday that a district judge didn’t abuse his discretion in ruling that the state couldn’t execute Reeves by any method other than nitrogen hypoxia, which has never been used. Reeves’ attorneys criticized the Supreme Court’s failure to explain its decision to let the execution proceed. “The immense authority of the Supreme Court should be used to protect its citizens, not to strip them of their rights without explanation,” they said. In 2018, Alabama death row inmates had a chance to sign a form choosing either lethal injection or nitrogen hypoxia as an execution method after legislators approved the use of nitrogen. But Reeves was among the inmates who didn’t fill out the form stating a preference. Suing under the American With Disabilities Act, Reeves claimed he had intellectual disabilities that prevented him from understanding the form offering him the chance to choose nitrogen hypoxia — a method never used in the U.S. — over lethal injection, which the inmate’s lawyers called “torturous.” Reeves also claimed the state failed to help him understand the form. But the state argued he wasn’t so disabled that he couldn’t understand the choice. It was a divided court that let the execution proceed. Justice Amy Coney Barrett said she would deny the state’s request, while Justice Stephen Breyer, who just announced his retirement, and Justice Sonia Sotomayor joined with Justice Elena Kagan in a dissent that said the execution shouldn’t occur. The state had previously asked the 11th U.S. Circuit Court of Appeals to lift a lower court injunction and allow the execution, but the panel on Wednesday had refused. Alabama then appealed, sending the case to the nation’s highest court. Alabama switched from the electric chair to lethal injection after 2002, and in 2018 legislators approved the use of another method, nitrogen hypoxia, amid defense challenges to injections and shortages of chemicals needed for the procedure. The new method would cause death by replacing oxygen that the inmate breathes with nitrogen. A poor reader and intellectually disabled, Reeves wasn’t capable of making such a decision without assistance that should have been provided under the American With Disabilities Act, his lawyers argued. A prison worker who gave Reeves a form didn’t offer aid to help him understand, they said. With Reeves contending he would have chosen nitrogen hypoxia over a “torturous” lethal injection had he comprehended the form, the defense filed suit asking a court to halt the lethal injection. U.S. District Judge R. Austin Huffaker, Jr. blocked execution plans, ruling that Reeves had a good chance of winning the claim under the disabilities law. A defense expert concluded Reeves had a first-grade reading level and the language competency of someone as young as 4, but the state disagreed that Reeves had a disability that would prevent him from understanding his options. An Alabama inmate who was put to death by lethal injection last year, Willie B. Smith, unsuccessfully raised claims about being intellectually unable to make the choice for nitrogen hypoxia. Stavros Lambrinidis, the European Union ambassador to the U.S., had sent a letter both condemning Johnson’s killing and asking the governor Ivey to block the execution.
Supreme Court considers Alabama’s bid to allow execution of Matthew Reeves

The U.S. Supreme Court considered Thursday whether to let Alabama execute a death row inmate who claims an intellectual disability combined with the state’s inattention cost him a chance to avoid lethal injection and choose a less “torturous,” yet untried, method. The Alabama attorney general’s office asked the justices to lift a lower court order that blocked prison workers from putting to death Matthew Reeves, who was convicted of killing a driver who gave him a ride. He celebrated after the killing at a party with blood still on his hands, evidence showed. The defense argued that the state, in asking the court to vacate an earlier ruling so it could execute Reeves, was improperly trying to challenge a decision it had lost repeatedly in lower courts. The state said it was preparing to execute Reeves, 43, by lethal injection at Holman Prison in case the court allowed it to proceed as scheduled at 6 p.m. CST, but the execution time passed without any word from the court. Reeves had visits and phone calls with his mother and sister during the day and was moved into a holding cell near the death chamber as he awaited the court decision, said deputy commissioner Jeffery Williams. Reeves, who also spoke with his lawyer by phone, declined a last meal, he said. The state previously asked the 11th U.S. Circuit Court of Appeals to lift a lower court injunction and allow the execution, but the panel on Wednesday refused and said a judge didn’t abuse his discretion in ruling that the state couldn’t execute Reeves by any method other than nitrogen hypoxia, which has never been used. Alabama appealed that decision, sending the case to the Supreme Court. Reeves was sentenced to die for the murder of Willie Johnson, who was killed by a shotgun blast to the neck during a robbery in Selma on Nov. 27, 1996, after picking up Reeves and others on the side of a rural highway. After the dying man was robbed of $360, Reeves, then 18, went to a party where he danced and mimicked Johnson’s death convulsions, authorities said. A witness said Reeves’ hands were still stained with blood at the celebration, a court ruling said, and he bragged about getting a “teardrop” tattoo to signify that he’d killed someone. Stavros Lambrinidis, the European Union ambassador to the U.S., sent a letter both condemning Johnson’s killing and asking Alabama Gov. Kay Ivey to block the execution because of Reeves’ intellectual disability claim. Ivey also has received a clemency bid from Reeves’ attorneys and will consider all such requests, an aide said. While courts have upheld Reeves’ conviction, the last-minute fight to stop the execution involved his intellect, his rights under federal disability law, and how the state planned to kill him. Alabama switched from the electric chair to lethal injection after 2002, and in 2018 legislators approved the use of another method, nitrogen hypoxia, amid defense challenges to injections and shortages of chemicals needed for the procedure. The new hypoxia method, which hasn’t been used in the U.S., would cause death by replacing oxygen that the inmate breathes with nitrogen. Alabama inmates had a chance to sign a form choosing either lethal injection or nitrogen hypoxia as an execution method in 2018 after legislators approved the use of nitrogen. But Reeves was among the inmates who didn’t fill out the form stating a preference. A poor reader, Reeves is intellectually disabled and wasn’t capable of making such a decision without assistance that should have been provided under the Americans With Disabilities Act, his lawyers argued. A prison worker who gave Reeves a form didn’t offer aid to help him understand, they said. With Reeves contending he would have chosen nitrogen hypoxia over a “torturous” lethal injection had he comprehended the form, the defense filed suit asking a court to halt the lethal injection. U.S. District Judge R. Austin Huffaker, Jr. blocked execution plans, ruling that Reeves had a good chance of winning the claim under the disabilities law. A defense expert concluded Reeves reads at a first-grade level and has the language competency of someone as young as 4, but the state disagrees that Reeves has a disability that would prevent him from understanding his options. The inmate was able to read and signed other forms through the years, it argued, and officials had no obligation under state law to help him pick a method. Alabama has said it plans to have a system for the new execution method ready by the end of April, court documents show, but the state argued against delaying Reeves’ execution. Any postponement is the fault of the state given how long it has taken to implement the new system, the 11th Circuit ruled. An Alabama inmate who was put to death by lethal injection last year, Willie B. Smith, unsuccessfully raised claims about being intellectually unable to make the choice for nitrogen hypoxia. Republished with the permission of the Associated Press.
Federal appeals court blocks execution of Matthew Reeves

A federal appeals court on Wednesday blocked the state from executing an inmate convicted of killing a driver who gave him a ride, upholding a lower court ruling that he can’t be put to death unless the state uses an untested, new method. A three-judge panel of the 11th U.S. Circuit Court of Appeals refused to lift a lower court order blocking the execution of Matthew Reeves, was originally was set for Thursday and could still happen since the state attorney general’s office said it would appeal to the U.S. Supreme Court. The Department of Corrections already has notified potential witnesses in the event it can move forward with the execution of Reeves, which was put on hold by a federal judge earlier this month. A Corrections spokeswoman said in a later email that the department was getting set to give Reeves a lethal injection Thursday evening if it’s ultimately given official notice to proceed. The state had asked the appeals court to lift a lower court injunction and allow the execution, but the panel refused in a decision that said a judge didn’t abuse his discretion in blocking the execution. Reeves, 43, was sentenced to die for the murder of Willie Johnson, who was killed by a shotgun blast to the neck during a robbery in Selma on Nov. 27, 1996, after picking up Reeves and others on the side of a rural highway. Reeves was 18 at the time. Evidence showed he went to a party and celebrated the killing afterward. The dying man was robbed of $360, and then Reeves danced and mimicked Johnson’s death convulsions at a party soon afterward, according to that evidence. A witness said Reeves’ hands were still stained with blood at the celebration, a court ruling said, and he bragged about getting a “teardrop” tattoo to signify that he’d killed someone. The European Union ambassador to the United States, Stavros Lambrinidis, sent a letter asking Alabama Gov. Kay Ivey to block the execution citing Reeves’ claims of an intellectual disability. Ivey also has received a clemency bid from Reeves’ attorneys and will consider all such requests, an aide said. Alabama inmates had a chance to sign a form choosing either lethal injection or hypoxia as an execution method in 2018 after legislators approved the use of hydrogen, but Reeves was among the inmates who didn’t fill out the form stating a preference. A poor reader, Reeves is intellectually disabled and wasn’t capable of making such a decision without assistance that should have been provided under the Americans With Disabilities Act, his lawyers argued. With Reeves contending he would have chosen hydrogen hypoxia over lethal injection had he understood the form, the defense filed suit asking a court to halt the lethal injection citing the lack of assistance from prison officials under the law. U.S. District Judge R. Austin Huffaker Jr. blocked the execution, ruling that Reeves had a good chance of winning the claim. While a defense expert concluded that Reeves reads at a first-grade level and has the language competency of someone as young as 4, the state disagrees that Reeves has an intellectual disability that would prevent him from understanding his options. The inmate was able to read and signed other forms through the years, it argued. An Alabama inmate who was put to death by lethal injection last year, Willie B. Smith, unsuccessfully raised claims about being intellectually unable to make the choice for hydrogen hypoxia. The state has said it plans to have a system for the new execution method ready by the end of April, court documents show, but the state has argued against delaying Reeves’ execution until then. Any delay is the fault of the state given how long it has taken to implement the new system, the 11th Circuit ruled. In July, the U.S. Supreme Court reversed an 11th U.S. Circuit finding and said a state court had correctly rejected claims that Reeves had ineffective counsel at trial because they did not hire a neuropsychologist to present evidence he is intellectually disabled. Republished with the permission of the Associated Press.
January execution date for Alabama man convicted in slaying

Alabama has set a January execution date for an inmate convicted in the 1996 shotgun killing of a man who towed his car after it broke down. The Alabama Supreme Court on Thursday set a January 27 lethal injection date for Matthew Reeves. Reeves was sentenced to death for the November 27, 1996 murder of Willie Johnson in Dallas County, Alabama. In earlier court filings, Reeves’ attorneys have argued he has an IQ in the 60s and that his trial counsel failed to do enough to show he is intellectually disabled and should therefore be spared a death sentence. In July, the U.S. Supreme Court reversed an 11th U.S. Circuit Court of Appeals finding that said that a state court had correctly rejected claims that Reeves had ineffective counsel at trial because they did not hire a neuropsychologist to present evidence that he is intellectually disabled. The decision was issued as an unsigned 6-3 opinion. Prosecutors said on the day of the slaying that Reeves, then 18, had gone with friends looking for people to rob, but their car broke down. Johnson came by in his pickup truck and offered to give them a ride and tow their car to Reeves’ house. Prosecutors said Reeves, who was riding in the bed of the truck, stuck a shotgun through the rear window of the cab and fatally shot Johnson in the neck. “In payment for this act of kindness, Reeves murdered Johnson, stole his money, and mocked his dying spasms,” justices wrote in the majority opinion in July. The trial judge sentenced Reeves to death on the recommendation of the jury. Defense lawyers at Reeves’ trial had funds to hire a neuropsychologist, Dr. John Goff, but ultimately did not do so. At a hearing on his post-conviction appeal in state court, Goff testified he believed Reeves was intellectually disabled and that Reeves’ IQ score should be adjusted down into the 60s. A state expert disputed that and pointed to the money that Reeves made from dealing drugs. Republished with the permission of the Associated Press.
Supreme Court rules against inmate in death penalty case

The U.S. Supreme Court has ruled against an Alabama inmate whose lawyers argued that his trial counsel should have done more to try to show he is intellectually disabled and therefore he should be spared a death sentence. In an unsigned 6-3 opinion, the conservative majority on Friday reversed an 11th U.S. Circuit Court of Appeals finding and said that a state court had correctly rejected claims that Matthew Reeves had ineffective counsel at trial because they did not hire a neuropsychologist to present evidence he is intellectually disabled. The three liberal justices dissented in the opinion. Justice Sonia Sotomayor, joined by Justice Elena Kagan, said the majority’s decision continues a “troubling trend in which this Court strains to reverse summarily any grants of relief to those facing execution.” The majority said the 11th Circuit had misinterpreted the state court’s decision as applying a “blanket rule” that inmates will lose a claim of ineffective counsel if they don’t put their attorneys on the stand to be questioned about the decisions made at trial. Instead, the state court made an analysis of Reeves’ case, they ruled. In the state court proceeding, a defense expert testified Reeves was intellectually disabled, based on the theory that intelligence test scores get inflated over time and Reeves’ score should be adjusted downward into the 60s, justices wrote. A state expert testified Reeves was not intellectually disabled and noted that Reeves had a leadership role in a drug-dealing group and earned as much as $2,000 a week, according to the opinion. Reeves was convicted of killing Willie Johnson in 1996 after Johnson towed Reeves’ broken-down car back to the city. “In payment for this act of kindness, Reeves murdered Johnson, stole his money, and mocked his dying spasms,” justices wrote in the majority opinion. Sotomayor in her dissent said the majority opinion was partly based on speculation about the strategy of the defense team. “This Court has shown no such interest in cases in which defendants seek relief based on compelling showings that their constitutional rights were violated,” Sotomayor wrote. Republished with the permission of the Associated Press.