The Utah Supreme Court has rejected a death row killer's request for extraordinary relief.
Just four days after his death warrant was signed last month, convicted murderer Taberon Honie filed a petition for extraordinary relief, citing concerns about the district court and constitutional arguments against the death penalty . But on Monday his request was denied.
The Utah Supreme Court stated Honie had “not demonstrated that the district court abused its discretion," according to a document obtained by ABC 4. The court stated there were no issues with the application for his death warrant and that the “district court correctly interpreted the law and did not abuse its discretion when it issued the death warrant.”
READ MORE: Double murderer Wade Wilson requests new trial claiming death penalty law violates his rights
READ MORE: Ex-prison guard trainee facing death penalty for execution-style murder of 5 women in Florida bank
The court added that it "does not permit a defendant to employ a challenge to the issuance of a death warrant to raise constitutional arguments concerning a death penalty". Honie still awaits a hearing later this month with the Utah Board of Pardons and Parole to determine if his sentence will be reduced to life in prison.
Honie was found guilty in 1999 of the aggravated murder of his ex-girlfriend's mother, Claudia Benn, who was 49 at the time of her death on July 9, 1998. Court records reveal that 22-year-old Honie broke into Benn's home through a glass patio door while she was with her three granddaughters and daughter. Honie then slashed Benn's throat multiple times, and when police arrived, they discovered him drenched in her blood, as per the documents.
His execution date is currently scheduled for August 8 after years of unsuccessful appeals. It comes amid concerned raised by defense attorneys about a new lethal injection drug combination.
Honie's execution will mark the first public execution in Utah since Ronnie Lee Gardner was killed by firing squad in 2010, as per Glen Mills, spokesperson for the Utah Department of Corrections.
During a court hearing on last month, Honie's lawyer Eric Zuckerman claimed that state officials did not provide sufficient time to evaluate the "experimental" drug combination and allow Honie to make an informed decision. Mills stated that two of the three drugs proposed for Honie's execution - the painkiller fentanyl and potassium chloride to stop the heart - have been used previously.
However, the third proposed drug, the sedative ketamine, has not been used before to his knowledge. Zuckerman criticized the lack of details provided by the state regarding this new procedure, including the drug doses. He also noted that the state has no plans to revise its written procedures, making it the only jurisdiction proceeding with an execution without accurate written procedures.
Following the hearing, he requested more information and time to consult with medical experts. Dan Bokovoy, a lawyer for the Department of Corrections, argued that there was no legal requirement for the agency to revise its execution protocols. Meanwhile, Daniel Boyer from the Utah Attorney General's office insisted that Honie had run out of appeal options and it was time for Judge Jeffrey Wilcox to authorize the execution and set a date.
Judge Wilcox agreed with the state's position, stating he found no legal basis to postpone the execution any further. "I am not prepared after hearing the arguments today to rule and say that these (lethal injection) protocols are required before this court will sign a writ of execution," declared Judge Wilcox in the courtroom. He emphasized that inmates do not have a constitutional right to be informed of the details of their execution protocol.
However, Judge Wilcox did request that details on the drug administration for Honie's execution be shared with him as soon as they're available.
The execution of Honie will take place at the Utah State Correctional Facility in Salt Lake City, according to Mills. Honie's unsuccessful appeals included arguments that his trial attorney failed to raise issues about his mental illness and substance abuse during sentencing.
Under current state law in Utah, executions are carried out by lethal injection unless the necessary drugs are unavailable or there's another reason it can't be performed, Mills explained. In such cases, the execution can revert to a firing squad as an alternative method.
Most Popular
Comments / 0