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igi m_uni
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 ch81.

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 i on?! Hut-turn?: is 



:11 

I IN


 to tie the shatneiitl
3? they set in I994 tilt the
people executed in a day
2} single state {post-
pr), the State
.- has announced its
I'en to kill Paul Ruiz. Earl
 Benton and Kit?l
'ght on January 81h.
While one would hope
1* an important decision
in not have been made
. _ly, Governor Jim Mike
lee?s sta?" certainly
 less than clear about the
for this publicly
editated multiple
cide.

_ecently and aide to the
rnor told the New 
 that the idea was to
- the stress in?icted on
in Sta?? as the reason For
Inning the triple
 tion. ?lieiter to hate one
i oftettsiott in the tr'isarn
three? lie un?tl

I Hot?.  .


a

   I. .l

of




piessetl intent the governor?s
titlittal up: sons credited

it to hureaucratic
"All three

inmaten cattle haek liom the
("Hull Will] their
appeal! denied at the same
little. and that?s their reason
titeit exeeut ions were
selteduletl ttittelliter.H

Whatever the ?t?iflicial?
Arkansas? return to
multiple executions cannot be
tolerated It smacks of the sort
of yearning for homicidal
elliciency that prompted the
Germans to switch from Death
Squads to Gas Chambers.
Moreover, as Justice Stevens,
recognized in Woctalson v.
North (Taro/mg, ?People
should not he treated as a
faceless. undifferentiated
mass.? Abolition 
A bm?it?ion Fore war! I 



Kiri Wainright

January Arkansas

As an 19 year~old
indigent African American.

Kiri Dr'iuelas already had at.
least two strikes against him

when he  hauled in to a
sweat?. room t'tear
i?i't  tilt was

HI Ht?t' thallium: tr: Ailinth flit? P??dlg? 

char ges of killing a
convenience store clerlt.
Arkansas, at State where people
of" color make up over half of?
those on death row, provided
him with a third?- an ineffective.
mutt-appointed attomey.

After a trial in which
the State repeatedly asked
improper questions and
othemise sought to
inappropriately bias the jurors.
Kirt was found guilty and
sentenced to death.

The prosecutor
attempted to
introduce evidence linking Kit?:
to the notorious Bloods street
gang. Nonetheless, he
proceeded to ask a Series of
questions (which an appellate
court later found to he
improper) designed to
convince the jury that the
killing was gang-related.
Throughout the questioning.
the prosecutor displayed a
copy of the Bloods handbook?.
On the cover was a picture of a
blood stained knife.

In 1994, a US District
Court judge found that not
only was the line of
questioning uncalled for. but
?iliat there was no evidence the
?lth. was gang related.

 

 

 

 

 

Wl'lltlal'
With-rm

Wait-Mottled:

 

chit

 

 

ill?I-

 


ty 

Death penalty foes rally at Capitol 

Protesters want state to call off triple execution

BY JIM m5
mourns-r

About a-hundred onents
oftbe death penaltyr ted Fri-
day afternoon on the steps of
the state Capitol. less than a
week before the scheduled est
ecution of three men in
Arkansas?

It would he the ?rst triple ex-
ecution in the United Statett in
more than ?dyears.

Some ofthe protestersare in
Little Rock this weekend for the
annual meeting ofthe National
Coalition to Abolish the Death
Penalty. The NGADP confer-
ence was scheduled nearly
eight months o. before the es-
ecution was so eduled.

a news conference was held
on the Capitol steps as dele-
gates from the convention
marched to the Capitol from the
Holiday Inn City Center. where

the conference is being held.
The gran?olned members
of Amnesty ternstional and
the Hm. who held theirowu
rally minutes earlier. 'I'bose two
gnu also were the
eat penalty and the an ad-
uied executions next week.

veutlon in the state and com-
m?i?d on the timing of the
gs

?It?s really ridiculous, as well
as sad. isgoingto
execute three people in one
night nest week.? Rule said.

Derry] Richiey. Hoyt Clines
and James Holmes are sched?
uled to die Aug. 3 for their roles
in the 1931 murder of Rogers
businessman Don Lehman.

Ernest James of Louisiana

also spoke at the news confer-
ence. James. whose sister was
killed more than two years ago.
is a member of a {3 called
Harder ?ll'ietims' gem lies for
Reconei?a on.

"Withers a doubt. it was the
most difficult thi I'll ever

have to through," smes said.
?When faint happened, I was

very  I wanted the person
that til it to fry.

?But killing the individ-
ual that my sister. it won't
hrin her back." he said. "It
was make me whole."

 hams mam-sit

er to Stop State song? ?The
U3. Death Penalty is Racist?
and ?Inmates are People Too."
After taking their place on the
Capitol steps. the death penalty
oiltlortents were addressed by
their leaders.

 

First triple execution

30. 1994 3E

in state step nearer;
Tucker studies case

BY MIKE 
Stale Reporter

The state Post Prison Trans-
fer Board said Friday that Der-
ltichley and iloyt Franklin
Elines should die by injection
Wednesday at the slate Correc-
tion Department?s Tucker Unit
in Jefferson County-

The board's action sets the
stage for Arkansas's first triple
execution. Richley. Clines and
James Williams liolmes are
scheduled to be executed
Wednesday for the 1931 murder
and robbery of Rogers contrac-
tor [lon Lehman- Holmes has not
applied for clemency. The
board's recommendations were
delivered Friday afternoon to
Gov. Jim Gay Tucker?s office. but
?ax Parker, the governor?s press
secretary. said Tucker would not
review them today-

It is the governor who makes
the final decisions on clemency
applications. The board's rec-
ommendstions are not binding.

A federal appeals court has
struck down the death sentence
of a fourth defendant. Michael
Bay Gmdort'. and the state has
sentenced him to life in prison
without the possibility of parole.

a petition by Richie for a
stay of execution was enied
Wednesday by US. District Judge
Henry Woods of Little Rock. A
similar petition byClines was de-
nied earlier. and his appeal to
the 3th 11.5. Circuit Court of hp-
pealsatiit. Louis was denied Fri-
day by a three-judge panel.

The board voted without de-
bate Friday ai'ternoou to recom-
mend that the esecutions oi'
?ichley and Clines go on as
scheduled. Friday morning they
had heard them both inmates in a
hearing at the Tucker Unit.

Clines salted the board for mercy;

Hichley was defiant. saying that
it wasn't to get a new trial. he
wanted the state to ?itili me and

get this comedy over with."

Reading from a prepared state-
ment. said he had no hope
of getting a favorable recommen-
dation from the board. and that the
hearing was a mere formality.

"We all know you have no in-
tention of recommending
clemency." Richley told the
board. ?and the governor has no
intention of signing it. a. triple
Execution is a sure vote-getter.?

itichley said he deserved a
new trial. but he didn?t want a
commutation of his death senv
tones to life without parole.

?Thirteen years in this back-
ward prison system is more than
enough.? he said. "Don't do me
any favors. Kill me and get this
comedy over with."

Clines. in contrast to Richley.
was contrite hefo re the board. and
begged for mercy. have always
wanted to express my remorse."
he said in a batting voice.

While he admitted taking part
in the brutal robbery that re-
sulted in Lehman?s death. Clines
said he was not aware that a rob
bery was going to be committed
when he began drinking with
three other men on the day the
robbery tool: place in 1931-

?l?ve never denied being in-
volved." be said. do deny
killing anyone.?

Gillies was never accused of
?ring the three shots that killed
Lehman. but under Arkansas
law. accomplices to crimes that
result in homicides are deemed
as culpable as those who actual-
ly did the killing.

St to?tsrPots-ieio?enson
cm??tedootbism?ek.? .

 

 

 

a My. man. Arkansas Gazette

spEctAL SIMMONS 

Lethal

 

 

drugs

bring death

s;



m.
Eben-Intimate?.

Jtut helm Plum. (nerds will
lend?'lmmemthmughthe??ta!


The tint that lead.- frem the
in?ation animate thehellnaral'
mm?mn?w?ht?
hid-ta death
chunks.


?uemhhekuthewh

three limb
mm

Frumlhe?mhelelmtheu?.


The ?eet-due: w?lbe in
lb- ehlmher when 31mm i.

own

Mldi?l p-Hl??nt-l Hi the Current:-
tinn Wt will heat. up in-
tnvemiuhe te each uf Sum.
manl' uni. Duly tune tub-e will
cut? the chit-mice]: that will ltill
Stamens: the ucund in far
heck-up.

Wm will run item the mn-

twin; I uline {ult-
million inte- Simmone' cir-
euhtery Ifltl?. The Illint
mum trill not harm Simmum.
but it will ulnar the let.th chemiv
ell: hie Wm.

Men; with the Header and

mm- Ilrtlen. and Julian Hymn. the

VI Ina-died dinner.










 

Protesters

 

Gontlnued from Page 1A

lid-en fer the NAACP Legal lit--
fem Fund. laid the death penalty
i: Implied unfairly.

Peer, uneducated and racial mi-
Mnttee repreient 1 tlinptepertien-
lie ml. nl? inmatee an death
run. he Hid. Hiding that them:
Inth tri'tett receive lute-Eu ndetl
legal which Lech
resent-tel. far I felt defense.

"Freddie" Ninten. er
Rt?ultn?e, who turned friendv
shipmth S?ndler while he we: on
dent]: raw. upped! the United
LIME uf?cial Wilma to
the death penalty.

?We the slate. annulment.
pout-u den't have the tight to
utterfet-e with God's pro-ten.? mid
the Rev. Eaten Fulwider ef Hutth
Little Run-ck. a United Hethod?tet
Intuit-tan.

Him?. when were a buttett that
 hi? 'Fnr nah-I In

. I. Radical
- - Admlnietratar

How the
Simmons
case has
progressed

Here ll I Iill; impatient
detail in the Renan Gone Simmons



I Deutth 23. 19:87 Sim-
mm in treated titer killing two
mhminju' {wrethentnl
the-min; mm in Pt?
[In the ?nd ?ve hue-die: of Sim-
mun?l "lathe- when any lurch
his bum- of Driver.

I December 29. Polite:

men more b?din nl? Situ-
met?hmil Wiesel:th
mum-r hhemeutdtwuhed-
Hulhm?ymemheninthetmnh
efihndonetleenenthepmpemr.

I Hsy 12. 153.3 Simmunn is
convicted and antenna-d In duth
by lath-I injeetian fur chug?
etemmin; I'retn the 
thanking. Slum be will
net upped and [but duty: liter I
June newt-ten tilt-e i: let.

IJune 26.1533 The It?:
Supreme ert I temper-r!
mtg.- utter Atrium-u Ch.th [at
Life mite them he nah appeal;
in tit-nth Item mend-mm.

IJulg.? H. 1.933 T'hl Int-Ill
Emu-mt: {Tuurt upheld: the death
*A'I'L'tl'ltt't" and tnur than 
t-rt'tral' Hail {,Tlintun ln law 9
[turn

I Alum-wt 19-5-5 - U5. Dir
[Eitl ['Hur?l .1 ant}: and arch-?.
[u the 


I Eli. til-3 'I'ht' v.3.
Ari-tenets:
l'hurt'ht-t 1h:- Ltft- ?iv?rt It?: have
[hr 

1111?
L1  [Want unit-1"- 3:31:11?:
zithf:
T152511: 2m- 


I Ih1'ti'112}'1'r 

HIMH il- I'-ll'll?. 

 

 

Tuesday
Final



 

Oldest newspaper west of the Mississippi

one) Fiock. June 12. 1990

35 cents

Swindler refuses to choose; he?ll'get electric chair

By am am
Swindle will di the
Jail?: 
electric chaiI'June?IuBhilt'an ma] ?led hirhts
Monday to a tassecu ion.
?Emilia. ltd. was asked to choose between
elactrocution 'and lethal injection Monday
but declined to make that decision. Daytd
White, a spokea?an for the state Correction
Departmen ea
White  Swindler was informed that if
he didaotchooee.thestate would have to

use the electric chair. Swindler did not say
why he refused to decide. White said.

Swindler was sentenced to death by elec-
trocution fer the 'lEl'i'Ei shooting death oil-Port
Smith police officer Randy Basnett. The
state later adopted lethal injection as the
method of execution. However. the new state
law gave people already on death row the
choice between the two methods. This was
an effort to insure that the changes in the
law wouldn?t prompt legal challenges by the
death row inmates.

It also provided that if the inmate refused
to make a choice. he lost his right to do so.
according to James Lee. a spokesman for the
attorney general's of?ce.

Lee said his of?ce advised the Correction
llepartment that if Swindler refused to
choose. the department had to upheld the
original sentence. which was death hy elecv
trecution.

Meanwhile. LES. District Judge Henry
Woods told Swindler's attorneys he would
rule today on a request. for a stay of ext-cu-

 

Continued from Page in

whether to sentence Swindler to
death.

The air-page brief in wpport of
the petition said the jury was in.
ctr-noted correctly as the law was
?at?
mheequent Ina urt ru gs

itally Eager claimed the jury was
given form that required them to
consider only that mitigating avi-
deuce thatallthojuroraagreedwas
valid. but recent oiling: have aaid
jurors can consider evidence that
other jurors do not agree is valid.

The petition also said thejudge
may have milled the jury when he
told them they needed proof lie-

yend a reasonahle douht to con.
sider evidence that counted against
l.Eiwindler. Because the judge did
not tell the jury that they needed
less proof to consider evidence that
counted for Swindler. they may

- have used the stricter standard.

Hagar said those instructions
ware ?grievously prejudicial" to
Swindler.

?It's a good solid legal argu-
ment." Hagar said.

Hagar also reserved the right to
challenge the sentence on the hasis
of Swindler's mental competence
at the time of the trial and now.

The attorney general's office
?led a motion to dismiss the appeal
later Monday afternoon saying the
issues Hagar raised should have

Prison system counters Swindler motion .

heen taken up in previoIJs appeals
and that to consider them now was
an abuse of the system.

?The time to raise that issue is
long since past." Lee said. 
don?t thinlt anyhedy's going in tiny
it."

This is the second writ of haheas
corpus issued in the Swindler case
anti such writs are usually looked
on unt'avorahly hy the courts n-
less dramatic new evidence is
turned up in the case.

lee also said that since the jury
instnictions were legally correct at
the time they were given they can-
not be challenged now. Do the

tion and a petition for a new trial.
Attomelehurman Rage: of Van Buren
asked Woods on Monday to halt the execu-
tion so the court can decide whether the jury
that sentenced Swindler to death was ins
structed properly. Roger ?led a petition fora
writ of habeas corpus on the ground that the
jury did not consider all the evidence in
Swindler's favor that it should have 
the part of the trial where it ooneide

See 

 

 

ttlititl before {In execution if [lic-
director thinks the prisoner may .
not he mentally competent. The
[Lei Supreme Court requires that 
prisoners li-c sane when they are 
being executed so they can ?apjire- 'tl
cintc their punishment." Lee said. 
liut such evaluations are by no 
means mandatory and Lee said the 
state would tight any attempt to I
get a court-ordered evaluation.

rules against the stay of 
Swindler's attorneys I
can still appeal to the 1'5. .
t'ircuit than in St. Louis and to
the 11.5. t'ourt-

mental competence issue. Lee said 

the Forrection Department has the
discretion to order a mental cvahr

 

 

 

 

 

 

rift ELI-.?It?s sad, a. guard um
(15 the (matridifms 
?You feel in warm? 5551.461.

BY 

- 
h'rml I52.

int 1hr: InrwTh1: 'gla?lr; {1:111} ?Lur -

cmculmn. the a'l  r: 

rm (hr: thin?! paw: Hf l' . 
Dmur 

Emir?? Ihl; L'n  :11.

[Jullna "r'hmm'Ifj lifts-gt  a r. g. :1
?i 'ng: D??nie and Elizab?h uwm'r C?nw' dmrht?mney: Dun Townsend, Bentun Cnunly

sheri??s nl'?cer investigated the
murder and witnegsed the executinna:
?It was a Solemn a! thing, a 
that the: case was cuncludcd. 'I'hcrr: urn:
50m: Caz-m and some individuala than rhit.
is what ultin?mm?}I has Inh?ppcn. (Inca rm;
lclhal injcminn has done, lhcy'rc m1
going In hurt any?nc the."


u; . Dill Ml??nmur-
"gig-1m it ?I'm!r gut
.1 'Igivc my
MMdidn't

I . h. 
-l\l - lb

f' . i
.-1 

Marl-I Camhi?na, inmate?s 

 
 

 

 
The} myth: Fit-421'. y:

Thill' ..   


. .. a.

hint ~43: H:

.I. 

1mm- Lamas. .

l: 'rH? 3"
"I?luh'" -
(Tun-r-"



 

 



     
 
 


.1

a

    
    

mm: 501-315-2535 In: 501-315-323 I Thu Odin-hum mo: hug/Mum - Emil: uktimu? .mt

 

The last days quenton, Ruiz and 
I. .    .. is:     {Jr's   

f- 
?Ir. 

 

. .1


 




v~ i 
.

anu?
am. Ur pt. 01" hurtIWIL 

ARNER me I mound my: In

Earl 
mmhilhudlyt.PmlRuizmimpu-
the. Ind Kin W?nw?ghl wt: jumpy, 
Windchee?ul.

hi: ma?m.uyinghewmudmfm Rnix


WWEW


CONDEMNED MEN. "mm
WW 

WITH A LITTLE 
refund mm: meal; but drank pilnm a!
cutie. marched on junk ?nd and unrated
cumin alter Clg?l?c. 
politics and 1111 Ms. plied
Mall and Hem even
meal a if? were hu tut.

The time cmuctcd mud-cm: died by
HIM napalm? on Jan at the Cum: Um:
lull Val-m Loy Ice-pt Duth With
?wdt ucmm? 0f urcuhm with-nut Ind
Mum?s mm pnum ?Tunis olfcr am out
lint uni final 11431

011 ha I aim-d)- ?i mils]: {mummy Ihr
lad: that in! hum: Fret Wand In
the) litrth um run-q [uni (tam
(Huh I?lrn II the nut-31' mum In um;
k, (?3mm {Int-l.

in ?a var-nth unwr?53 :31" M3- a :11
Eric. Dept. Burr:
Unit

THE THREE KIILERS: Ear! Van (from le? to righlj. Paul Ruiz and Kin who wrre magma-d Jam 5.

- A thousand ways to die

Demon and Ruiz. The cmvicwd and
Immediadu?'l funicmm'du'sot?nm
unmadbeenmbcuh?owagoodpm?on
the: 133de

clue that would nick

Wainwright was a relative mm. H:
wu convicted and to: death in
I989 for the murdcr at I Hem conva-
niencc slim: He pletdcd guilty to the
Inuth of another chart in Hope and 
cdved 111': tum.

Mic: their 1mm} :1 Curmum. the three
mm mixed and placed 1n septum: cell:
mm: n-mld much "that:
Of lib-ctr dlj?. Mans! all of their
puma! cffecu were kept alum. but
[Innis brought pans. paper. :al?fac Ind 01hr:
?cm: on rcqmu

Fa itth Inn. war: ?atly Icahn;
lwly. the) r6711qu multitany fl?hful to
Rmuucfully brutth
and comb-:11 hu hm turn I dly. 1nd
cull mm fumfu! i} thuVI-trtd and hushcd his
teeth  lhl?tl" all; htdi diylmt Hkruum
all: thrm?. mmrd, rad ncw?pupen Ind
haer um um};

Fat Damn. the mu! law. to have Men
the hunk? gum? 1111-42! {ileum mam
the hula lam-tr lyu.? 6n bunk Isl-m;-
Hf: 3: Drum;

a [3mm hung an that but.
um I: ?nut.
I rt. Inmat- hum i .54Dept. Of: cam $1451 . I..-
Unit,  443.3 

       
    
 
  

  

  



.  

 

in; at ceiling.

11:45 ?111. ?~1nmatclying on
I1 ceiling."

At noon Sunda},11c asked guar' 355 a
small bag ofcoffsc from his parse-z a1 
I: Then he: h? rad-n:

St: nu: pug e-

..

thE.

1 

I?m funkumfvr the namr If 

  
 
  
      
   

    

 

 

 

highhat patrol 
in Arkansas.

urn
hi.

.?irr