BOISE, Idaho (AP) — A U.S. appeals court panel on Friday declined to delay Idaho‘s scheduled execution next week of one of the nation’s longest-serving death row inmates.
Thomas Creech was sentenced to death in 1983 for killing a fellow prison inmate, David Jensen, with a battery-filled sock. Creech, 73, had previously been convicted of four murders and was already serving life in prison when he killed Jensen.
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He is also suspected of several other killings dating back half a century.
His attorneys had asked a 9th U.S. Circuit Court of Appeals panel in San Francisco to delay Creech’s death by lethal injection, set for Wednesday.
They said they needed additional time to pursue a claim that, under the nation’s evolving standards of decency, his death sentence should be set aside because it was issued by a judge — not a jury. Among people on death row around the country, just 2.1% were sentenced to death by a judge alone, they said.
Creech appears likely to face execution, following denial of appeal.
During oral arguments Thursday, the three judges expressed skepticism. They noted that while arguments about “evolving standards of decency” have been used to bar the execution of juveniles or people with severe developmental delays, Creech’s lawyers had presented little or no evidence that the people in the U.S. increasingly disfavor the execution of inmates who were sentenced by judges rather than juries.
“We gave you an opportunity to tell us what evidence you have of an evolving standard, and you haven’t provided anything,” Judge Jay Bybee told Jonah Horwitz, an attorney for Creech. “This feels like it’s a delay for delay’s sake and it’s a shot in the dark.”
The Idaho attorney general’s office opposed Creech’s request for a stay, arguing that Creech could have raised the issue long ago but waited until the last minute to try to forestall the execution: “This is a claim that was basically being held in the back pocket of Creech’s counsel, waiting until there was an actual execution that had been scheduled,” said Deputy Attorney General LaMont Anderson.
Creech’s attorneys in recent weeks have filed three other challenges regarding his execution. Two are with the U.S. District Court in Idaho, over the adequacy of his recent clemency hearing and over the state’s refusal to indicate where it obtained the drug it intends to use to kill him. The other is an appeal to…
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