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Death Row inmate says he's too old, sick to die
Waterbury Republican-American ^ | August 3, 2004 | AP Wire

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.


TOPICS: Crime/Corruption; Culture/Society; Extended News
KEYWORDS: aintlifefunny

1 posted on 08/03/2004 2:36:55 PM PDT by Graybeard58
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To: Graybeard58

Stalin deemed "too Liberal, too Communist" to lead USSR...


2 posted on 08/03/2004 2:39:16 PM PDT by RockinRight (Liberalism IS the status quo)
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To: Graybeard58

First time I ever heard anyone being too sick to die....


3 posted on 08/03/2004 2:41:07 PM PDT by MACVSOG68
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To: Graybeard58

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.


4 posted on 08/03/2004 2:41:23 PM PDT by AQGeiger (Have you hugged your soldier today?)
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To: Graybeard58
The problem is... this f%cker has been on death row TOOO long.


"...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.

5 posted on 08/03/2004 2:42:56 PM PDT by bikepacker67 (Sandy wasn't stuffing his socks, he was stuffing A sock.)
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To: Graybeard58
"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.

Simple; justice.

6 posted on 08/03/2004 2:43:50 PM PDT by steveegg (John F'em Ke(rr)y - I was against liberating Grenada before I was for it (WSJ - 7/29/2004))
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To: Graybeard58
"Even if one supported the death penalty, it is difficult to understand what purpose James Hubbard's execution would serve,"

Let me suggest one purpose....ridding the world of James Hubbard!

7 posted on 08/03/2004 2:47:43 PM PDT by Onelifetogive
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To: Graybeard58

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.


8 posted on 08/03/2004 2:49:35 PM PDT by commish (Freedom Tastes Sweetest to Those Who Have Fought to Preserve It)
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To: Graybeard58

We wouldn't have this problem if it was taken care of 27 years ago.


9 posted on 08/03/2004 2:49:35 PM PDT by cpprfld (Who said accountants are boring?)
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To: Graybeard58

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.


10 posted on 08/03/2004 2:49:50 PM PDT by Kirkwood
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To: Graybeard58

Fast and sure justice, He lived 27 years too long!


11 posted on 08/03/2004 2:50:11 PM PDT by HuntsvilleTxVeteran (Liberals are like catfish ( all mouth and no brains )(bottom feeders))
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To: commish

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.


12 posted on 08/03/2004 2:51:48 PM PDT by MplsSteve
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To: Graybeard58
"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."

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:


13 posted on 08/03/2004 2:52:12 PM PDT by robertpaulsen
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To: Graybeard58

I'll be him an RC Cola and a Moonpie he's not. Pour the juice on and let's find out.


14 posted on 08/03/2004 3:09:18 PM PDT by Feckless
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To: bikepacker67

I hope he enjoys the company of Satan. Let me pull the lever or inject his sorry murdering ass. Fight Crime! Shoot First!!!!


15 posted on 08/03/2004 3:22:04 PM PDT by No Surrender No Retreat (These Colors Never Run( 7.62))
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To: MACVSOG68

"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.)


16 posted on 08/03/2004 3:22:57 PM PDT by jim macomber (Author: "Bargained for Exchange", "Art & Part", "A Grave Breach" http://www.jamesmacomber.com)
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To: Graybeard58
Where's George (Turn 'Em Loose) Ryan when a killer really needs him?

Michael M. Bates: My Side of the Swamp

17 posted on 08/03/2004 3:25:11 PM PDT by Mike Bates (Did I mention I'm peddling a book?)
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To: jim macomber
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.

LOL

18 posted on 08/03/2004 3:27:56 PM PDT by MACVSOG68
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To: Graybeard58

This person has had enough mercy already. Wonder why there was no mercy for his victim?


19 posted on 08/03/2004 3:29:55 PM PDT by freekitty
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To: RockinRight

as warden i would tell my guest "your done pal, you fry tonight".


20 posted on 08/03/2004 3:30:15 PM PDT by rineaux (hardcore)
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To: Graybeard58

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


21 posted on 08/03/2004 3:30:21 PM PDT by erik22lax
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To: Graybeard58
From an article I googled on this guy -

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."

22 posted on 08/03/2004 3:44:59 PM PDT by agrace
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To: Graybeard58
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.

It would free up a bed.

23 posted on 08/03/2004 3:50:15 PM PDT by Maceman (Too nuanced for a bumper sticker)
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To: Graybeard58

Hmmm. So were his victims too young to die?


24 posted on 08/03/2004 3:52:47 PM PDT by PeterFinn
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To: Graybeard58; hchutch
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.

YGBSM!

25 posted on 08/03/2004 3:53:42 PM PDT by Poohbah (If you're not living on the edge, you're taking up too much room.)
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To: Graybeard58

On Death Row for 27 years??????

Be proud, lawyers, be very proud.


26 posted on 08/03/2004 4:06:05 PM PDT by aculeus (Law schools are America's madrassas.)
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To: Kirkwood
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.

Sounds like Death Row is a little too comfy...
27 posted on 08/03/2004 4:17:12 PM PDT by Welsh Rabbit
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To: jim macomber

"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.


28 posted on 08/03/2004 4:33:18 PM PDT by beelzepug
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To: Graybeard58

"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.


29 posted on 08/03/2004 5:56:51 PM PDT by RobRoy (You only "know" what you experience. Everything else is mere belief.)
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To: Feckless; commish; RobRoy; aculeus
"...he is too old and sick to be put to death..."

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

30 posted on 08/03/2004 10:33:53 PM PDT by gonzo (I have life support.................Several Calibers.............I guess the USSS is comin' again...)
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To: Graybeard58
Psychological and medical tests showed that Hubbard suffers from dementia, hepatitis, diverticulitis, hypertension, acute back pain and is mildly retarded,

They've got a "special" mix of drugs to fix all of that in one shot!

31 posted on 08/03/2004 10:35:25 PM PDT by Redcloak (<insert clever tagline here>)
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