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Debate survives Workman -- But sides agree: Process of execution unwieldy
Memphis Commercial Appeal ^ | 5/10/7 | Chris Conley

Posted on 05/10/2007 7:54:34 AM PDT by SmithL

For many in Memphis, the execution of Philip Workman early Wednesday was too long in coming. For others, it should never happened at all.

But both sides agree that the legal process that began shortly after Workman was convicted of killing a policeman more than 25 years ago is unwieldy.

"Even if the death penalty served a purpose, the delays defeat that purpose," said Memphis attorney Art Quinn, an opponent of the death penalty who has handled several death penalty cases.

"The delays negate any argument that it serves as a deterrent," Quinn said. "But the fact that we have it at all means we move too fast."

Workman, 53, was convicted in 1982 of killing Memphis Lt. Ronnie Oliver during a botched robbery in 1981 of a Wendy's restaurant in Frayser.

Memphis police Sgt. Russ Akin, a friend of Oliver's and vice president of the Memphis Police Association, said he stayed up late waiting for the news. "I wanted to make sure they executed him," Akin said. "All the guys on the scene know the police never fired a shot."

In recent years, Workman's appeal was based on suggestions that another officer's bullet killed Oliver.

"It's gotten ridiculous, appeal, appeal, appeal. ... Now he has to answer to God," Akin said.

In the last few days of the appeal process, Workman's lawyers asked the U.S. Supreme Court twice to halt the execution, and were denied both times.

Those appeals were based on how Tennessee conducts lethal injections. In February, Gov. Phil Bredesen stayed four executions, including Workman's, for 90 days so the state could review its procedures. The state released the revised protocols last week and lifted the moratorium.

Workman died of lethal injection at 1:38 a.m., showing no obvious signs of discomfort or pain.

His execution had been delayed five times. He was Tennessee's third execution by lethal injection since 2000.

Dist. Atty. Gen. Bill Gibbons, whose office prosecuted the case issued this statement:

"Twenty-five years ago, a jury of 12 citizens decided the appropriate sentence for Philip Workman. Finally, that decision has been implemented. Justice has been served."

"The process is very, very, very slow," said University of Tennessee retired law professor Neil Cohen.

"But if there ever is a time to be cautious, it is with the death penalty," said Cohen, who said he tends not to support the death penalty. "If something comes up, it has to be considered, because it's irreversible."

A federal law passed in 1996, the Antiterrorism and Effective Death Penalty Act, sought to streamline the process of federal review -- the habeas corpus process -- of state death penalty cases.

The act bars federal habeas consideration on some legal and factual issues already ruled on by state courts, and creates time limits on when issues can be raised. The changes also try to screen groundless appeals.

Also, the law requires states to meet certain standards of defense, encouraging a top flight defense, to avoid issues of inadequate or incompetent representation, Cohen said.


TOPICS: Crime/Corruption; Editorial; Government; US: Tennessee
KEYWORDS: deathpenalty; justicedelayed; workman
TENNESSEE DEATH ROW

Inmates: 101

Men: 99

Women: 2

White: 58

African-American: 40

Hispanic: 1

Native American: 1

Asian: 1

Oldest: Richard Austin, 67, convicted in Shelby County.

Youngest female: Christa Pike, 31, convicted in Knox County

Youngest Male: Devin Banks, 23, convicted in Shelby County

Longest Time on Death Row: Richard Austin, 28 years

1 posted on 05/10/2007 7:54:36 AM PDT by SmithL
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"Even if the death penalty served a purpose, the delays defeat that purpose," said Memphis attorney Art Quinn, an opponent of the death penalty who has handled several death penalty cases.

SO, this 99percenter has spent his entire career doing his utmost to delay justice, and then complains about how long it takes?

2 posted on 05/10/2007 7:56:18 AM PDT by SmithL (si vis pacem, para bellum)
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To: SmithL
"Even if the death penalty served a purpose, the delays defeat that purpose," said Memphis attorney Art Quinn, an opponent of the death penalty who has handled several death penalty cases.

So typical of lieberals-- murders his family and burns down the house and then claims he's entitled to mercy on the basis of being a homeless orphan.

3 posted on 05/10/2007 7:57:17 AM PDT by Vigilanteman (Are there any men left in Washington? Or are there only cowards? Ahmad Shah Massoud)
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To: SmithL
"The delays negate any argument that it serves as a deterrent," Quinn said.

Well, Workman won't be killing any more people now that he's been executed, will he? But the sooner he's put down, the better.

4 posted on 05/10/2007 8:02:16 AM PDT by theDentist (Qwerty ergo typo : I type, therefore I misspelll.)
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To: SmithL
His execution had been delayed five times.

Here's one thing which (as far as I know) isn't talked about much. If the US took folks at Guantanamo and said, "We're going to kill you on Tuesday -- that's four days from now." then came back and said "Three days away." and then "Two days." and finally: "This is it. It's finally Tuesday. Are you ready? HAHAHAHA! Got ya! This isn't the day! But maybe later. See you, sucker!"

That is considered torture by international standards. But it's what Liberals due to prisoners in the US all the time.

5 posted on 05/10/2007 8:02:41 AM PDT by ClearCase_guy (Enoch Powell was right.)
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To: SmithL

S&W .500 Magnum to the brain pan. Quick and effective, Painless I suppose.


6 posted on 05/10/2007 8:07:18 AM PDT by StoneColdTaxHater
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To: StoneColdTaxHater
I agree. It seems to me that the "humane" method of laboriously strapping someone to a table, and rubbing some alcohol on their arm, and searching for a vein, and injecting the first drug, and then injecting the second drug, and then waiting for it to all take effect ...

That's creepy, and sick, and cruel. I'm convinced that the Leftists like it because on some level it makes the Death Sentence seem very cold and inhumane, while a quick gunshot just gets it over. The Leftists like the cruel method because they want the Death Penalty abolished.

7 posted on 05/10/2007 8:20:08 AM PDT by ClearCase_guy (Enoch Powell was right.)
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To: Vigilanteman
Even if the death penalty served a purpose, the delays defeat that purpose," said Memphis attorney Art Quinn, an opponent of the death penalty who has handled several death penalty cases.

Justice delayed is justice denied.

To the liberal its always about the perpetrator never about the victim.

8 posted on 05/10/2007 8:29:01 AM PDT by Ouderkirk (Don't you think it's interesting how death and destruction seems to happen wherever Muslims gather.)
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To: SmithL

Liberals always say the death penalty is not a deterrent,Its punishment for crying out loud.


9 posted on 05/10/2007 8:34:12 AM PDT by ustanker (Secure the border!)
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To: SmithL

Now that we have DNA evidence, we can be sure when someone is guilty.

In such cases where DNA confirms guilt, they should be taken from the courtroom straight to their execution.


10 posted on 05/10/2007 9:38:05 AM PDT by Age of Reason
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