Arizona Governor’s Plans to Defy Execution Order Blasted by Critics

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Arizona Governor, Katie Hobbs, has come under criticism from a victim’s sister and the powerful county prosecutor ahead of her plan to not execute a prisoner sentenced to death for a killing in 2002. The Democratic governor announced two weeks ago that she will not go through with the Supreme Court’s order to execute Aaron Gunches on April 6. This is because she wants to review Arizona’s systems for carrying out executions, due to its history of executing prisoners wrongfully in the past.

Arizona’s Governor, Hobbs, said that executions should not be carried out until everyone is sure the law isn’t being broken. Even though the court gave permission for one death sentence, they didn’t actually force the state to do it. Lawyers for the family of Ted Price (the person affected by this case) and Maricopa County Attorney Rachel Mitchell told the highest court in Arizona that Hobbs doesn’t have a right to ignore the decision given by the court.

Karen Price said that her family was really relieved when the court decided to execute Gunches, but they felt disappointed after Governor Hobbs announced otherwise. She added that their constitutional rights like justice and finality are being taken away from them because of this decision.

Nicholas Klingerman, the lawyer that represents Mitchell, said that no rules were broken when it comes to executions in Arizona. He also said that the governor can’t ignore the instructions in death warrants and give someone a temporary break away from the death penalty. Klingerman wrote “Nothing in the law or warrant gives permission for the governor to decide not to follow through with a death penalty.”

The court was told by someone named Hobbs that the corrections department doesn’t have enough people who know how to do it, and the state isn’t ready yet to follow all the rules necessary for an execution.

The state does not have a pharmacy to make the medicine needed for an execution. Plus, the people in charge can’t figure out who made that medicine before or contact anyone from the old team. One of the top jobs for planning executions is also still empty.

Ryan Thornell, the Corrections Director, said he couldn’t find enough evidence to comprehend key parts of an execution process and so had to rely on conversations with his workers about what took place in earlier executions.

Richard Dieter, who is the director of a group called the Death Penalty Information Center, thinks that Arkansas Governor Asa Hutchinson is able to stop executions from happening if he has any worries about whether or not they are being done in a respectful and lawful way. He doesn’t think that the courts can require the governor to go through with the execution.

“Dieter’s group believes that it is important to make sure the death penalty is done correctly,” he said. They don’t really have an opinion about if the death penalty itself should be used or not, but they do think that it should be done correctly.

Dale Baich, a college teacher who used to work as a lawyer for the government, said that Arizona’s Governor has the right to decide what to do about punishments like death penalty due to issues with the drugs used in executions, the skill of those carrying out the execution process and difficulties at the Department of Corrections.

Mel McDonald, once an attorney working in Arizona and dealing with two court cases involving death penalty, said that the state Supreme Court may take up an appeal submitted by Price’s sister. He believes the case comes with interesting legal questions that may make the court ponder over it. Even though we have no idea how far this will go, it’s possible that the court would accept the case.

Arizona currently has 110 prisoners that are sentenced to death. Last year, the state carried out three executions after a long break of almost 8 years because of issues with mistakes from a 2014 execution and troubles getting drugs for it. In May, people criticized Arizona for taking too long to insert an IV (which is used in lethal injection) into a prisoner’s body for execution and not allowing the Arizona Republic newspaper to see these last three executions.

Gunches was found guilty of killing Ted Price, his girlfriend’s ex-husband near Mesa, Arizona and he asked for himself to be sentenced to death. He did this even though he is not a lawyer. Last month, the Supreme Court decided to grant Gunches his wish and give him his own death sentence so justice can be served and the victims can find peace.

At first, Gunches asked to be executed, but then in early January he changed his mind. The newly elected Democratic Attorney General Kris Mayes also asked for the execution warrant that Brnovich submitted to be taken away.

However, this request was denied by the state Supreme Court who said they must give an execution warrant if certain court proceedings have already finished, and in Gunches’ situation these requirements were fulfilled.

A week ago, Gunches said he still wants to be given the death penalty and asked to be sent to Texas because he believes it follows the laws better and can provide inmates with their sentences accordingly. However, Arizona’s highest court refused Gunches’ request to transfer him to Texas.