Posted on 08/03/2004 2:36:53 PM PDT by Graybeard58
BIRMINGHAM, Ala. -- A 74-year-old death row inmate on Monday asked an appeals court to block his execution, arguing he is too old and sick to be put to death.
James Hubbard is the oldest person on Alabama's death row and one of the oldest in the nation awaiting execution. Death penalty opponents have asked Gov. Bob Riley to have mercy on Hubbard, who is set to die by lethal injection Thursday for killing a 62-year-old woman in 1977.
Lawyers for Hubbard argue that executing their client would be cruel and unusual, but the state is opposing any delay and contends Hubbard is competent for execution.
Psychological and medical tests showed that Hubbard suffers from dementia, hepatitis, diverticulitis, hypertension, acute back pain and is mildly retarded, according to papers filed by his lawyers.
"Even if one supported the death penalty, it is difficult to understand what purpose James Hubbard's execution would serve," said David Elliott, a spokesman for the Coalition to Abolish the Death Penalty.
Hubbard was convicted in the murder of Lillian Montgomery, who was robbed and shot three times after befriending Hubbard.
Stalin deemed "too Liberal, too Communist" to lead USSR...
First time I ever heard anyone being too sick to die....
Poor baby. Think about the health problems Lillian Montgomery had after the man she thought was a friend robbed her and shot her three times.

"...23 long years on a charge of murder I did not commit. There was no eyewitnesses, nowhere, NO PROOF that I committed the crime..."
Notice the piece-o-chit focuses on the fact no one SAW him DO IT.
Simple; justice.
Let me suggest one purpose....ridding the world of James Hubbard!
Hell, if he is that old and sick he should welcome the great state of Alabama putting him out of our ...er I mean his .. misery.
We wouldn't have this problem if it was taken care of 27 years ago.
If he is that old and sick then you would think an execution would be doing him a favor by putting him out of his misery.
Fast and sure justice, He lived 27 years too long!
I was thinking the same thing.
It would be cost-effective to have this loser put to death.
No more medical bills for the state to pay.
We have some good new and some bad news, Mr. Hubbard.
First, the good new: We found a cure for all your ills.
The bad news is:
I'll be him an RC Cola and a Moonpie he's not. Pour the juice on and let's find out.
I hope he enjoys the company of Satan. Let me pull the lever or inject his sorry murdering ass. Fight Crime! Shoot First!!!!
"First time I ever heard anyone being too sick to die...."
Sort of reminiscent of the grounds for a stay once used; that the drug used in the execution hadn't been cleared by the FDA for use on humans. A safety issue, you see.
(I think that actually happened.)
LOL
This person has had enough mercy already. Wonder why there was no mercy for his victim?
as warden i would tell my guest "your done pal, you fry tonight".
mercy? did he give mercy to the lady he killed, kill the SOB, he got what he deserved a trial by his peers found guilty and sentenced to execution, DONE DEAL
Hubbard first went to prison in 1957 for a second-degree murder conviction in the death of David Dockery in Tuscaloosa County. He was released in 1976 and killed again the next year.
His second victim, 62-year-old store owner Lillian Montgomery, was shot three times and robbed of her gold and diamond wristwatch and about $500 in cash and checks.
She had befriended Hubbard and "sponsored" him to gain his release in 1976, Smith said. Hubbard had moved into her home next door to the store she ran on U.S. Highway 82, according to court records.
In a police statement, Hubbard said he had been drinking whiskey with Montgomery and claimed she committed suicide. Prosecutors introduced evidence that she couldn't have fired the fatal shots on Jan. 10, 1977.
Hubbard was twice convicted in her death. An appeals court overturned the first conviction. But he was again sentenced to death at retrial and last year the U.S. Supreme Court refused to review it.
The victim's son, Jimmy Montgomery, 66, a Tuscaloosa businessman, said he and his sister plan to attend the execution.
"I hope it will be over," Montgomery said. "He shot her with a pistol I'd given her."
It would free up a bed.
Hmmm. So were his victims too young to die?
YGBSM!
On Death Row for 27 years??????
Be proud, lawyers, be very proud.
"First time I ever heard anyone being too sick to die...."
How about too fat to die? Look up the case of Mitchell Rupe in Washington State if you want to read about something outrageous.
"Even if one supported the death penalty, it is difficult to understand what purpose James Hubbard's execution would serve," said David Elliott, a spokesman for the Coalition to Abolish the Death Penalty.
Here's the purpose: Let's others know that we value human life so much that when you are convicted of murder, you will be executed even if later you get old and sick and mentally incompetent. There is NO OUT.
I could go on, but you get my drift.
Now-now, guys - lets not be too judgemental before we think this thing out...
There's a lot of people out there that need dying! Lillian Montgomery obviously wasn't one of them and may God bless her soul and keep her in His arms!
But you could make your own list of really dirty people, and possibly rid this world of some of them, falling back on the 'Too-old-and-sick' defence.
I agree that this POS shoulda been dead 25 years ago, but if Mary-Jo Kopeckne had not been killed, she'd be, well, my age now!
Just random thoughts about random people, guys. Stay well, and stay away from murderous senate people and condidit congresscritters..............FRegards
They've got a "special" mix of drugs to fix all of that in one shot!
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