U.S. executes only Native American on federal death row

[webfact]

U.S. executes only Native American on federal death row

By Jonathan Allen

 

FILE PHOTO: The sun sets on the Federal Corrections Complex in Terre Haute, Indiana, U.S. May 22, 2019. REUTERS/Bryan Woolston -/File Photo

 

(Reuters) - The United States executed the only Native American on federal death row on Wednesday over the opposition of the Navajo Nation, which accuses the government of violating tribal sovereignty.

 

Lezmond Mitchell, a 38-year-old Navajo and convicted murderer, was pronounced dead at 6:29 p.m. EDT (2229 GMT) in the Department of Justice's execution chamber in Terre Haute, Indiana, the department said.

 

His death was declared 26 minutes after department executioners began injecting him with pentobarbital, a powerful barbiturate, according to a media witness.

 

He was the fourth man to be executed by the U.S. government this summer after an informal 17-year-hiatus was ended under President Donald Trump, which had been caused in part by legal challenges to lethal injection protocols and difficulties obtaining deadly drugs. Prior to July, there had only been three federal executions since 1963, all between 2001 and 2003.

 

Mitchell's lawyers and Jonathan Nez, the Navajo Nation president, had asked Trump, a longtime advocate of capital punishment for serious crimes, for clemency.

 

On Tuesday night, the U.S. Supreme Court rejected Mitchell's bid for a stay based on his lawyers' argument that racial bias may have tainted the jury at his trial.

 

Mitchell and an accomplice, Johnny Oslinger, were convicted of murdering a 9-year-old Navajo girl, Tiffany Lee, and her grandmother Alyce Slim in 2001 on the tribe's territory, which spans four states in the U.S. Southwest.

 

According to prosecutors, the men had been hitchhiking before they stabbed Slim more than 30 times after she gave them a ride. They put the body in the back seat of her truck alongside the granddaughter as they drove elsewhere before slitting the girl's throat and decapitating both bodies.

 

Strapped to a gurney before his execution, Mitchell was nonchalant when asked if he had any last words for the victims' relatives watching behind a glass window.

 

"No, I'm good," he said, according to a media representative allowed to witness the execution. It took about 10 minutes for him to stop moving after the lethal injections began.

 

Afterward, the eyes of Tiffany's father, Daniel Lee, welled with tears as his lawyer read a statement to reporters.

 

"I have waited 19 years to get justice for my daughter, Tiffany," the statement said. "But I hope this will bring some closure." The statement added that without the Trump administration's resumption of executions, "I do not think I would have ever received justice or a sense of finality."

 

NAVAJO OBJECTIONS

Mitchell was sentenced to death in an Arizona federal court over the objection of Navajo officials, who said the tribe's cultural values prohibited taking human life "for vengeance." At least 13 other tribes joined the Navajo Nation in urging Trump this month to commute Mitchell's sentence to life in prison.

 

Oslinger was a teenager at the time and ineligible for the death sentence.

 

Under the Major Crimes Act, the federal government has jurisdiction over certain major crimes occurring on Indian territory, including murder, but usually cannot pursue capital punishment for a Native American for a crime on tribal land without the tribe's consent.

 

Navajo officials, along with leaders of other tribes, have opposed the death penalty, including in Mitchell's case. But John Ashcroft, attorney general under then-President George W. Bush, overrode federal prosecutors in Arizona who said they would defer to the tribe's position against pursuing a capital case.

 

In what Mitchell's lawyers deride as a legal loophole, federal prosecutors successfully pursued a capital case against Mitchell for carjacking, a crime that is not among those listed in the Major Crimes Act.

 

The Navajo Nation said in a statement after Mitchell's execution that it had been ignored by the federal government and demanding a meeting to see that tribe members were not executed in the future.

 

"We don't expect federal officials to understand our strongly held traditions of clan relationship, keeping harmony in our communities, and holding life sacred," the statement said. "What we do expect, no, what we demand, is respect for our People, for our Tribal Nation, and we will not be pushed aside any longer."

 

(Reporting by Jonathan Allen; Editing by Tom Brown and Peter Cooney)

 

-- © Copyright Reuters 2020-08-27

 

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[Paiman]

From this reading, sounds like he deserved it. 

 

15 minutes ago, webfact said:

According to prosecutors, the men had been hitchhiking before they stabbed Slim more than 30 times after she gave them a ride. They put the body in the back seat of her truck alongside the granddaughter as they drove elsewhere before slitting the girl's throat and decapitating both bodies.

 

[polpott]

1 minute ago, Paiman said:

From this reading, sounds like he deserved it. 

 

 

capital punishment is a crime in itself which is why most civilised nations have outlawed it.

[evadgib]

I'm pro death penalty but 26 mins is a long time.

[polpott]

Just now, evadgib said:

I'm pro death penalty

Unlike most Brits. Last execution in UK 1964 and abolished in 1969. Are you pro sending children up chimneys and anti women having the vote?

[stouricks]

14 minutes ago, evadgib said:

I'm pro death penalty but 26 mins is a long time.

Mr Pierrepoint would have taken 17 seconds.

[Pattaya Spotter]

52 minutes ago, webfact said:

The United States executed the only Native American on federal death row on Wednesday

A somewhat strange headline...the editors of Reuters seem to be on somewhat of a roll as I'm not sure what relevance the nationality of this double-murderer has to the story. The headline could just read The Federal Government Executed A Man Who Murdered A 9 Year Old Girl And Her Grandmother Wednesday.

[simple1]

9 minutes ago, Pattaya Spotter said:

A somewhat strange headline...the editors of Reuters seem to be on somewhat of a roll as I'm not sure what relevance the nationality of this double-murderer has to the story. The headline could just read The Federal Government Executed A Man Who Murdered A 9 Year Old Girl And Her Grandmother Wednesday.

 

Hopefully the quotes below from the OP will provide the context for you.

 

The United States executed the only Native American on federal death row on Wednesday over the opposition of the Navajo Nation, which accuses the government of violating tribal sovereignty.

 

Mitchell was sentenced to death in an Arizona federal court over the objection of Navajo officials, who said the tribe's cultural values prohibited taking human life "for vengeance." At least 13 other tribes joined the Navajo Nation in urging Trump this month to commute Mitchell's sentence to life in prison.

 

 

Edited August 27, 2020 by simple1

[pegman]

10 minutes ago, simple1 said:

Hopefully the quote below will provide the context for you.

 

The United States executed the only Native American on federal death row on Wednesday over the opposition of the Navajo Nation, which accuses the government of violating tribal sovereignty.

 

 

Generally Trump supporters aren't big on context. It's pretty much all black and white and Old Testament to them.

[Credo]

22 minutes ago, Pattaya Spotter said:

A somewhat strange headline...the editors of Reuters seem to be on somewhat of a roll as I'm not sure what relevance the nationality of this double-murderer has to the story. The headline could just read The Federal Government Executed A Man Who Murdered A 9 Year Old Girl And Her Grandmother Wednesday.

Nothing strange about it.  The ethnicity, not the nationality, is significant because the Federal Government has agreements, which were broken related to the execution of Native people.  This is especially true when the Native person committed the crime on tribal land, which this one did.   

 

It's covered in the OP.   

 

[Pattaya Spotter]

17 minutes ago, simple1 said:

Hopefully the quotes below from the OP will provide the context for you.

 

The United States executed the only Native American on federal death row on Wednesday over the opposition of the Navajo Nation, which accuses the government of violating tribal sovereignty.

 

Mitchell was sentenced to death in an Arizona federal court over the objection of Navajo officials, who said the tribe's cultural values prohibited taking human life "for vengeance." At least 13 other tribes joined the Navajo Nation in urging Trump this month to commute Mitchell's sentence to life in prison.

 

 

What relevance is any of that to the lawful execution of a double-murderer?

[Pattaya Spotter]

2 minutes ago, Credo said:

Nothing strange about it.  The ethnicity, not the nationality, is significant because the Federal Government has agreements, which were broken related to the execution of Native people.  This is especially true when the Native person committed the crime on tribal land, which this one did.   

 

It's covered in the OP.   

 

What do "broken agreements" have to do with the lawful execution of a double-murderer? 

[tifino]

Be interesting to know what the Tribal Punishment in lieu, would have been? 

 

comparing context: in OZ an aboriginal would have been brought back, and a punishment was to be chased into the bush by the tribe, and been speared in the Leg (for a Rape within the tribe) 

 

[evadgib]

3 hours ago, polpott said:

Unlike most Brits. Last execution in UK 1964 and abolished in 1969. Are you pro sending children up chimneys and anti women having the vote?

- They haven't been asked

- Yep, I knew that

- Off topic nonsensical guesswork which has no bearing whatsoever on my point or this thread.

 

Edited August 27, 2020 by evadgib

[rvaviator]

2 hours ago, tifino said:

Be interesting to know what the Tribal Punishment in lieu, would have been? 

 

comparing context: in OZ an aboriginal would have been brought back, and a punishment was to be chased into the bush by the tribe, and been speared in the Leg (for a Rape within the tribe) 

 

....and for murder ?

[tifino]

1 hour ago, rvaviator said:

4 hours ago, tifino said:

Be interesting to know what the Tribal Punishment in lieu, would have been? 

 

comparing context: in OZ an aboriginal would have been brought back, and a punishment was to be chased into the bush by the tribe, and been speared in the Leg (for a Rape within the tribe) 

 

....and for murder ?

well... this what it is all about! -  the Tribal 'Council' or BIg Chief whatever; will have appropriate punishments within their little big chief universe 

 

A non-Capital punishment with their little red book of rules; can still be some unknown (to outsiders)  gruesome 'disabler' of him enjoying  a happy future life to the full.  

[AndyFoxy]

Good job....next.

[Roadman]

What a primate backward country.

[digger70]

8 hours ago, polpott said:

capital punishment is a crime in itself which is why most civilised nations have outlawed it.

You can call it what you like but they won't do the crimes again ( I am all for it ) and it saves money. 

They don't have to waste Taxpayers money to keep the bad crims for in life imprisonment .

[twocatsmac]

5 hours ago, rvaviator said:

....and for murder ?

An evening listening to Rolf and his didgeridoo.

[polpott]

22 minutes ago, digger70 said:

You can call it what you like but they won't do the crimes again ( I am all for it ) and it saves money. 

They don't have to waste Taxpayers money to keep the bad crims for in life imprisonment .

One of the reasons that it was banned in the UK was because too many people went to the gallows and were subsequently found completely innocent Timothy Evans was the most shocking case. Several cases since the abolition the same.

The "Birmingham 6" were a prime example. Six men fitted up and would certainly have hanged but years later had their convictions quashed.

[Pattaya Spotter]

9 minutes ago, polpott said:

One of the reasons that it was banned in the UK was because too many people went to the gallows and were subsequently found completely innocent Timothy Evans was the most shocking case. Several cases since the abolition the same.

The "Birmingham 6" were a prime example. Six men fitted up and would certainly have hanged but years later had their convictions quashed.

The accused have the right to a trial...nobody said anything about judges and juries coming to the right decision.

Edited August 27, 2020 by Pattaya Spotter

[polpott]

7 minutes ago, Pattaya Spotter said:

People have the right to be judged...nobody said anything about judges and juries coming to the right decision.

If the death penalty is carried out, the decision can't be reversed. Or is that too abstract a concept for you?

 

 

Edited August 27, 2020 by polpott

[simple1]

36 minutes ago, digger70 said:

You can call it what you like but they won't do the crimes again ( I am all for it ) and it saves money. 

They don't have to waste Taxpayers money to keep the bad crims for in life imprisonment .

In the US it has been proven it costs more to execute rather than life sentence - legal costs etc

[polpott]

5 minutes ago, Pattaya Spotter said:

You said backward...not too many backward countries excell at Nobel prizes.

I said not civilized. Didn't use the word backward.

 

Also, by population, the UK has the most Nobel prize winners.

 

 

Edited August 27, 2020 by polpott

[Burma Bill]

9 hours ago, stouricks said:

Mr Pierrepoint would have taken 17 seconds.

Yes indeed - Albert Pierrepoint, our last UK hangman (shown here being portrayed by the UK actor Timothy Spall):-

No lethal injections or electric chairs!!

 

Edited August 27, 2020 by Burma Bill
additional information

[Tie Dye Samurai]

9 hours ago, Pattaya Spotter said:

What relevance is any of that to the lawful execution of a double-murderer?

The Major Crimes Act places seven major crimes under federal jurisdiction (exclusive of state jurisdiction) if they were committed by a Native American in Native territory. Those crimes were: Murder, Manslaughter, Rape, Assault with intent to kill, Arson, Burglary and Larceny. 

 

So according to this law, there is no relevancy to this occurring on the Navajo Nation's land: 

 

All Indians committing against the person or property of another Indian or other person any of the following crimes, namely, murder, manslaughter, rape, assault with intent to kill, arson, burglary, and larceny, within any territory of the United States, and either within or without the Indian reservation, shall be subject therefor to the laws of said territory relating to said crimes, and shall be tried therefor in the same courts, and in the same manner, and shall be subject to the same penalties, as are all other persons charged with the commission of the said crimes respectively; and said courts are hereby given jurisdiction in all such cases; and all such Indians committing any of the above-described crimes against the person or property of another Indian or other person, within the boundaries of any State of the United States, and within the limits of any Indian reservation, shall be subject to the same laws, tried in the same courts, and in the same manner, and subject to the same penalties, as are all other persons committing any of the above crimes within the exclusive jurisdiction of the United States

[evadgib]

1 hour ago, simple1 said:

In the US it has been proven it costs more to execute rather than life sentence - legal costs etc

My last purchase of 4" Sisal from EBay cost 16 quid inc delivery.

 

[evadgib]

1 hour ago, polpott said:

One of the reasons that it was banned in the UK was because too many people went to the gallows and were subsequently found completely innocent Timothy Evans was the most shocking case. Several cases since the abolition the same.

The "Birmingham 6" were a prime example. Six men fitted up and would certainly have hanged but years later had their convictions quashed.

All of which preceded DNA, Pace & similar safeguards which would significantly reduce such errors.

[Thingamabob]

10 hours ago, evadgib said:

I'm pro death penalty but 26 mins is a long time.

Beheading much the quickest.