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Wednesday, June 1, 2005
Protest targets 2004 execution
Federal Appeals Court picketed
By Dan Horn
Enquirer staff writer
A prisoners' rights group picketed a federal appeals court in
Cincinnati on
Tuesday, accusing the court's judges of mishandling a death penalty
case
last year.
The protesters, members of the national and Ohio chapter of Citizens
United
for Rehabilitation of Errants (CURE), claim two judges with the U.S.
6th
Circuit Court of Appeals should not have been allowed to vote on
whether to
postpone the execution of Lewis Williams.
The court deadlocked 6-6 on the request to stay Williams' execution,
but
the stay it was denied because a majority is required. Williams,
convicted
of shooting a Cleveland woman, was executed in January 2004.
CURE, based in Washington, D.C., filed a complaint about the vote
last
year, but no action has been taken.
"They illegally executed this person," said Charles Sullivan, a CURE
spokesman.
Court officials say the complaint still is being investigated, but
several
judges on the 6th Circuit already have stated in court papers that
they
agree a mistake was made.
The dispute is the latest in a series of disagreements among 6th
Circuit
judges that have divided the court along partisan lines. Some judges
have
openly criticized their colleagues and have, at times, accused one
another
of breaking the court's rules.
Most of the disputes, including the one over the Williams case, pit
the
court's liberal judges against conservatives.
Disagreement in Williams' case arose after two semi-retired judges on
senior status, Cornelia Kennedy and Richard Surheinrich, voted with
the
court's other judges on the request to stay Williams' execution.
Five other judges argued that the vote was improper because court
rules do
not allow senior judges to participate in such hearings.
Those judges said that if the senior judges had not participated, the
court
would have voted to allow the stay and Williams would not have been
executed as scheduled.
CURE's complaint seeks an investigation into why Chief Judge Danny
Boggs
allowed the two judges to take part in the vote. Boggs could not be
reached
for comment Tuesday.
The former chief judge, Boyce Martin, was assigned to review the
complaint.
Martin sided with the dissenters and has been the target of a
separate
complaint about his handling of a death penalty case while he was
chief judge.
Neither complaint has been resolved. The possibilities include a
dismissal
of the complaints by a council of federal judges in Cincinnati or a
referral of the complaint to a panel of judges from other circuits,
which
would then rule on whether disciplinary action is necessary.
Martin declined to comment on the CURE complaint Tuesday.
Sullivan, who was joined by about a half-dozen protesters, said he
hopes
the pickets spur the court to action.
"We don't know where else to go, so we're reluctantly here," Sullivan
said.
"Somehow or other, I guess (the judges) think it will just go away."