Court Orders Stay of Execution for Hart Turner
Read Is State Executing a Mentally Ill Man?
Press Release of James Craig (verbatim).
At 2:30 p.m. today the Federal Court for the Southern District of Mississippi entered a Temporary Restraining Order (TRO) enjoining the execution of Hart Turner until February 20, 2012. Mr. Turner had been scheduled for execution on February 8, 2012.
Mr. Turner’s attorneys had argued that the Mississippi Department of Corrections was improperly preventing them from sending a psychiatrist to have their client psychiatrically assessed for the purpose of possible litigation to prevent his execution or to seek clemency from the Governor. Mr. Turner, a man with no prior convictions, has a long and extensive history of mental illness, including having been released from a mental hospital just weeks before the crime for which he has been sentenced to death.
The court held that Mr. Turner had made a substantial showing that his rights to Due Process were being violated and that he was likely to succeed in his lawsuit. The court also held that Mr. Turner would suffer irreparable harm if a temporary restraining order were not issued because he would be executed by the state before the court could issue a meaningful decision on the merits of his claim.
In granting the temporary order, Judge Reeves stated:
“... to the extent that the State of Mississippi enjoys an interest in putting Turner to death, the opportunity would not be forever lost simply by requiring the Department of Corrections first to permit Turner to meet with a psychiatrist. Assuring that constitutional protections are provided to each of its citizens is not a disservice to the American public.”
Mr. Turner’s attorney, James Craig of the Louisiana Capital Assistance Center said:
“America’s justice system is founded on the notion that everyone gets their fair day in court. This judge is simply doing his job to protect the values we all share by making sure that Mr. Turner has a fair chance to present his case to the courts and to the Governor.
"Mr. Turner has never had a fair opportunity to present the evidence that he is the sort of seriously mentally ill prisoner who should not be executed in a humane criminal justice system. We are simply asking that we be allowed to have access to our client so that we can have him psychiatrically assessed so that the best information is available before any decision is made to proceed with the execution.
"A Temporary Restraining Order cannot be appealed but is also of very limited duration. The case will now be quickly set for a full hearing on whether the Department of Corrections is violating the Constitution by seeking to execute Mr. Turner without allowing him adequate access to the courts and to the Governor.”
For further comment please contact attorney James Craig (601) 503 8065 jimc@thejusticecenter.org or if he is unavailable, Director of the Louisiana Capital Assistance Center, Richard Bourke (504) 258 2915 richardb@thejusticecenter.org.
COMMENTS
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Feb 06, 2012 | 05:03 PM
Is State Executing a Mentally Ill Man?
lizwaibel: A federal court has entered a temporary restraining order to stop the execution until Feb. 20; read more here: http://www.jacksonfr eepress.com/index.php/sit ... Feb 06, 2012 | 03:38 PM
[Editorial] Change Felony Voting Laws for All
Ronni_Mott: I would think that a sane policy would take into account what the crime was when restoring rights. A sex-offender, for example, would still need to register to ... Feb 06, 2012 | 06:10 AM
[Kamikaze] 'I'm No Token'
Renaldo Bryant: Well Kaze, Understand the argument. Economic prosperity was not a collective concept, even in Black Wall St., Harlem, Rosewood, Farish St. etc. I am not saying that a few black ... Feb 05, 2012 | 01:05 PM
[Editorial] Change Felony Voting Laws for All
LHB6391: Perhaps a waiting period after completing their term is in order? To serve as a baseline for potential recidivism? I don't know. I'm reluctant to see full rights ... Feb 05, 2012 | 12:43 PM
Somebody Say Something
LHB6391: As someone who has dealt with mental illness in family members (including multiple suicide attempts and completed suicides) I applaud your courage in speaking out on this often hidden ... Feb 05, 2012 | 12:03 PM
Bryant: Can't Do Nothin' For Ya, Man
LHB6391: "Or he would hitch a ride with a businessman who owns a plane, he added." Overt cronyism under the guise of 'leading by example'. Um. Yeah. Feb 05, 2012 | 11:57 AM
City Tech Wiring Overlooked
LHB6391: Both parties to the contract overlooked the wiring issue? Wondering how it is that neither side did their 'due diligence' on the cost estimate prior to execution of the ... Feb 05, 2012 | 11:33 AM
[Kamikaze] 'I'm No Token'
Kamikaze: But by that premise are we not telling people that prosperity can only come on the backs of others less fortunate. That if you are successful, the only way you could have been ... Feb 05, 2012 | 07:07 AM
[Kamikaze] 'I'm No Token'
Renaldo Bryant: @ Kaze, I think it starts with interrogating goals. Is the goal of change and progress for blacks in Jackson is to get more black folks rich, or to have safer neighborhoods, ... Feb 04, 2012 | 05:23 PM
Is State Executing a Mentally Ill Man?
awwroten: is anyone going to protest at parchman if he is in fact executed? Feb 04, 2012 | 01:27 AM
[Kamikaze] 'I'm No Token'
Lorenzo D. Gayden: I think that the issue here is one of branding. For instance, if you are an employee of a company, there is an innate understanding that you are on equal footing as other ... Feb 03, 2012 | 07:09 PM
Deuce Headed Back to Ole Miss, Reports Say
Todd Stauffer: Clarification: Now the Sun Herald tells us the Deuce thing isn't a done deal. So much for believing CoachingSearch.com. Also,"Mr. Factsy-pants" sports guy Bryan ... Feb 03, 2012 | 05:52 PM
Is State Executing a Mentally Ill Man?
Ronni_Mott: Story is updated with the correct telephone number for the governor's office: 601-359-3150. Feb 03, 2012 | 05:41 PM
[Kamikaze] 'I'm No Token'
Kamikaze: Renaldo, you may have hit the nail on the head. It could be perhaps in the differences in how Whites and Blacks deal w/ success. In affluence for White success stories there is a ... Feb 03, 2012 | 04:58 PM
[Kamikaze] 'I'm No Token'
Renaldo Bryant: Good points Queen . I am not so sure that Whites have a mentality of “if I get it and you get it - WE KEEP IT” and blacks have the attitude of “if I get, I have to keep ...
Monday, February 6, 2012
Court Orders Stay of Execution for Hart Turner - Noise - Jackson Free Press: Jackson, Mississippi
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