Full Forecaste

Past Month's Most Commented Stories

Home > Breaking News

Judges stay Stenson's Dec. 3 execution

Tuesday, November 25, 2008 7:18 PM PST

By Shannon Dininny
The Associated Press

Font Size:
 
 

YAKIMA, Wash. (AP) — Federal and state judges have indefinitely delayed the scheduled Dec. 3 execution of Darold Stenson for the 1993 shooting deaths of his wife and a business partner in Clallam County.

The separate stays were issued Tuesday by judges in federal court in Yakima and in Clallam County Superior Court.

U.S. District Judge Lonny Suko issued his order in a conference call with lawyers. State Attorney General Rob McKenna said his office was asking an appeals court to vacate Suko’s order and allow the execution to proceed as scheduled.

Stenson’s lawyers this week asked Suko for a temporary restraining order blocking the execution on the grounds that the state last month revised its procedure for administering lethal injections, without previously announcing any changes or going through a rule-making process.

Furthermore, they argued that their client has Type 2 diabetes with veins that are difficult to access, making it more likely that he would suffer pain that constitutes unlawful cruel and unusual punishment.

Without the judge’s intervention, they argued, Stenson “will die at the hands of an unreviewed, untested, never-before-implemented lethal injection policy which is likely to cause him severe pain.”

McKenna argued that Stenson is “using every means at his disposal to avoid execution.”

“Every other avenue of appeal has been exhausted and even though the U.S. Supreme Court has already ruled on the question of lethal injection’s constitutionality, he’s making this argument anyway in a last-ditch effort to avoid execution,” McKenna said.

The other stay was issued by Judge Kenneth Williams in Clallam County Superior Court, according to Assistant Attorney General John Samson, one of the attorneys handling the case.

Samson said the judge reversed an earlier decision he made regarding DNA testing in the case. Williams had initially denied DNA testing requested by Stenson’s attorneys. But on Tuesday, the judge decided to allow the testing and granted the stay.

Clallam County Prosecuting Attorney Deborah Kelly said her office will be seeking an emergency review of that decision with the state Supreme Court.

Samson said that if the 9th U.S. Circuit Court of Appeals rejects the attorney general’s request to vacate the federal stay, his office will go to the state Supreme Court as well.

Eight men sit on Washington’s Death Row, but Stenson would be the first inmate put to death since 2001 if none of his pending appeals is granted.

Stenson, 55, was convicted of aggravated murder for the shooting deaths of his wife, Denise Stenson, and business partner, Frank Hoerner, while his three young children slept nearby in his Clallam County farmhouse.

When he called authorities to report the deaths, he suggested that Hoerner had killed Denise Stenson and then shot himself in another room. Prosecutors have said Stenson, struggling financially and in dire business straits, shot the two in order to collect $400,000 in life insurance.

Sheryl Gordon McCloud, Stenson’s attorney, said she was pleased with the decisions. One, in particular, allows DNA testing of items at the crime scene, such as the gun, that might potentially have been associated with the real murderer, she said.

“DNA testing, at the time of trial, was not of a quality that DNA is now,” she said. “But science moves forward.”

AP Writers Rachel La Corte in Olympia and Gene Johnson in Seattle contributed to this report.

Previous Next

Gondolapete wrote on Nov 25, 2008 12:48 PM:

" aint that special..a coldblooded killer gets and early Christmas gift!!!! Liberal judges are delightful!!! "

TDN Bad Boy wrote on Nov 25, 2008 12:54 PM:

" This is a perfect example of the loopholes the Liberals have built into the system. It is time to completely overhaul this system to limit the appeals. One based on evidence and one based on trial error. And both have to take place within two years of sentencing. Of course the Liberals who rather hug a murderer than execute one will never go for it. It would eliminate their No. 1 argument in that executions cost more than life sentences. Well they do if there are unlimited appeals and delays built into the system. "

Big Guy wrote on Nov 25, 2008 1:30 PM:

" Who cares how much pain he will have! How much was inflicted on his victims. If lethal injection will not work I do believe the other option was hanging. That would be OK also. "

SM wrote on Nov 25, 2008 2:13 PM:

" I'd prefer the guillotine personally. Quick chop and it's over. "

mclovin it wrote on Nov 25, 2008 2:14 PM:

" You know what makes America different from countries like Iran, Saudi Arabia, China and other third world nations? It's that we treat human life as being sacred. I bet the right wing conservatives would like to bring back torture as well so they would have something to do in the next four years since they lost most of their power to the our party. I don't have any sympathy for this guy but when we execute someone we become the murders. America is one of the only western countries that still execute it's prisoners. What happens in 10 or 15 years we find out this guy was innocent of the crimes he was convicted of? Can we bring his life back? The answer is no. Do a web search on how many innocent people have been executed mainly because they were poor and then see if you are still in favor of it. Put him to work at hard labor and throw away the key, that's fine with me but if we kill this guy we are no better than him. I would like to think we as Americans are more civilized than that. "

skeezix wrote on Nov 25, 2008 2:14 PM:

" TDN Bad Boy, Here is another example where we actually see eye to eye. "

Cheney119 wrote on Nov 25, 2008 2:41 PM:

" As usual something is wrong and a liberal is to blame. Don't you get tired of this nitwit, I sure am. I'll bet all you people in favor of the death penalty are pro life and call yourselves christian. What you really are is hypocrits. I'll define that as someone that isn't smart enough to not recognize their own intellectual (and we are really pushing the defination here) inconsistency. I'm against the death penalty and war, no inconsistency here. "

TDN Bad Boy wrote on Nov 25, 2008 2:44 PM:

" McLovin it, I wish I could feel your pain. I really do. All it took was the words of Joseph Duncan to the juror in his murder trial in Idaho. Remember Duncan: He's the ex-Washington convict who went to Idaho, killed three people at a cabin, kidnapped a little boy and his sister. Tortured and killed the little boy. Here are Duncan's word's to the jury straight from the trial transcript: "You people don't really have any clue yet of the true heinousness of what I have done. So within the parameters of this statement I will try to fill you in to the details of the evidence of what has been presented. I was not searching for a child. I was on a rampage. My intention wasn't to kidnap a child, but to kidnap and rape until I was killed. Waypoints were targets, daycare centers, homes, were all targets." McLovin it, if you still want that to live than I have no understanding of your world.

Previous Coverage

- Prosecution & defense rest in Duncan case; closing arguments set to begin
- Jurors shown Duncan's torture videotape
-Expert says Duncan's shotgun wouldn't accidentally fire
- Jury hears disturbing letter from Duncan to his mother
- Duncan Sentencing: Police interview with Shasta played in court

I also had just as meticulous plans for many other crimes. I approached all of these things as obstacles and accounted for them and prepared for them. "

Gondolapete wrote on Nov 25, 2008 2:56 PM:

" cheney119, are you against abortion? "

El Gabilon wrote on Nov 25, 2008 3:00 PM:

" We have always believed in expanding the United States Supreme court to three more judges whose sole purpose would be to examine every death penalty case. This would operate by simply sending the case to the Supreme Court once sentence has been pronounced skipping all other courts. The decision should be made within 90 days of receipt, and the execution carried out within five days of the courts decision. The time it takes to execute someone is outrageous. In this case it has been 15 years in which the state has been required to support this individual detracting funds from education and other services. We would prefer not to have the death sentence, but it is here. Rather we would like to see exile for all felony crimes. If certain people do not wish to abide by the laws of the land, thats fine, they are free not to, but let them be sent to another place where they can set up there own laws. In the future, perhaps the moon can be colonized and they can be sent there. The number of prisoners in US prisons is costing billions of dollars per year to maintain. It is unfortunate, but we now know why a herse horse snickers carrying the bones of a lawyer to the tombs. "

skeezix wrote on Nov 25, 2008 3:08 PM:

" Cheney, On this one I respectfully disagree with you, but only on the death penalty piece. I too am not in favor of war where it can be avoided and peaceful solutions sought otherwise. Unfortunately, that is not always the case. I too am tired of being labeled a liberal because I happen to disagree on some issues with another poster on this site. I am pro-choice... not because I favor abortion, but because I believe people have the right to make decisions for themselves so long as they are able. I may disagree with those decisions, but I don't have the right to make those for others unless they have legally given me that power to do so on their behalf. Yes, I am a Christian, and you can call me a hypocrit if you so choose. "

mclovin it wrote on Nov 25, 2008 4:57 PM:

" We were not speaking of Joseph Duncan were we? We are discussing the a Government executing it's own people. The people of Afghanistan speak the same way as you when they say they have say they right to stone someone to death because they are a adulteress. Al Qaeda believe they have the right to execute people who worship a different God, whats make us killing someone any different? And please answer the question I asked earlier, what if in 10 years we find out he is innocent. What do we do then? How many people in the last 10 years have had their convictions overturned due to DNA testing? I am not saying this man is innocent and I 'm not saying he shouldn't be imprisoned for life. Lock him up and throw away the key, that's fine with me. "

Cowlitz1 wrote on Nov 25, 2008 5:01 PM:

" There are numerous studies available that show that the cost of capital punishment is far higher than lifetime incarceration. As for the morality of killing someone; we don't rape rapists, molest molestors; steal from thieves; commit fraud against forgers etc. The death penalty is an anachronism in our society. It is the only remnant of old testament eye-for-eye logic left in our justice system. While it is true that horrible people exist and they commit horrible acts of cruelty, the state should not sink to their level in prosecuting their crimes. The death penalty runs counter to the impartiality and objectivity with which the justice system is supposedly imbued. Additionally, the number of those residing on death row have been falsely imprisoned is remarkably high. I wonder how you would feel about poison coursing through the veins of one of your neighbors or a rope growing taught against your son's neck, because either one of them could be falsely accused and executed under our current system, apparently regardless of guilt. It's amazing that so many who supposedly feel that Government is too intrusive (read: conservative) are more than willing to allow their Government to carry out state sponsored executions in the face of evidence that says it is more costly and often terminates the innocent. It seems like we aren't that different from the taliban who routinely stone people to death (judging from the early comments on this page, many readers would love a good stoning) "

Gondolapete wrote on Nov 25, 2008 5:23 PM:

" of course it's wrong..all people on death row are innocent..I got the liberal spiel memorized... "

Socrates wrote on Nov 25, 2008 6:38 PM:

" Cheney- How exactly does your freedom of speech get protection? Isn't it war that keeps our freedoms intact? Is all killing wrong, or just some killing? Where is the line? Who decides? "

Cowlitz1 wrote on Nov 25, 2008 6:41 PM:

" Again, I think the point is being lost. No one is arguing for a blanket pardon on all inhabitants of death row. Clearly, society as we know it does not function without a mechanism of enforcement to provide the backbone of our moral values. However, taking another human's life, any of us would admit, is in violation of our core moral values. Certainly, if someone poses a threat to your own life, we agree it is human nature to defend yourself, perhaps taking that person's life in the process, i.e. war. However, the prisoner on death row is not in danger of harming society, they are already locked up. Thus, the death penalty is not removing a threat, it is purely violent revenge. I believe that killing is wrong, that is why murderers should be locked up. It is also why we should not kill.
As for the people on death row being innocent. The fact is, several people would have been killed were they not exonerated by DNA evidence. That means the state would have murdered those people. I think that, liberal or conservative, we can all agree that is unacceptable. No, this is not everyone on death row, but to dismiss the lives of those people in order to exact violent revenge seems a little hasty to me. "

stink wrote on Nov 25, 2008 6:46 PM:

" Yup. dang Yakima Liberals! I tell yeah, Yakima is the heart of Liberaland!

Just lock em up for life and we'll save all these attorney fees. I think the pro-death penalty folks are in bed with the trial lawyers. "

Rosey Glasses wrote on Nov 25, 2008 7:03 PM:

" I think that rapists should get castrated, but that is just me. I think this is a waste of tax dollars. I also agree that if they are worried about his suffering the alternative is hanging, or maybe he should spend christmas with these bleeding hearts! I am so tired of hearing about all the murders, rapes and random shootings. We don't need more laws, just use the ones we have. If someone is proven to be guilty without a shadow of doubt... execute them and get it over with. it is sad that we have to waste tax dollars letting them appeal and get stays. You say we can't rape the rapist, no but we can castrate him, same for the molesters (another form of rape) and as for the thieves? well other countries cut the hand off! I am not saying that we should do these things, but maybe if we did, some of these people would think twice about doing it again, or in the first place. The promise of swift action can have a positive affect on the criminal element. Quit babying them and telling them it isn't their fault, they had a choice and made the wrong one. "

rocketdad wrote on Nov 25, 2008 9:52 PM:

" The death penalty has been a part of the Untied States since the united States began. Back then, those condemed to death did not get to sit on death row for years and years. They met thier fate at the end of a rope or in front of a firing squad.

I know that some will say "but we are more civilized now". Ok, if you call frivilous law suits, high crime rates, overwhelming obesity, lack of morals, spineless cowards, and rampant drug use civilized, then I guess you are right.

Yes, innocent people have probably died of execution. stuff happens. But to allow these monsters to live in prison for life, watching tv, lifting weights, eating, sleeping, breathing, living off of the tax-payer dollars that fund prisions..that is just wrong. Hanging is cheap. A chunk of rope costs what, $50.00 for really good stuff? Better yet, a bullet costs about $1.00 for a good quality bullet that will do the job well, after all we wouldnt want to use a cheap bullet, that might be cruel and unusual. Give me a break..

Our founding fathers built a court system that worked. It was not perfect, but nothing ever is. We have, however, revamped, overhauled, and "civilized" it to the point that it is barely recognizable as the system that was put in place. Go back to the basics. They got it right and it worked for a long time..if it isnt broke, dont fix it. "

Atrucker wrote on Nov 25, 2008 10:50 PM:

" Hey , El Gabilon , Have you ever heard of a place Called Austraila, It was a British penal colony , so you see how that idea worked out . "

Simple Man wrote on Nov 26, 2008 7:11 AM:

" Hang him. Wa state has the only active gallows in the country we need to use them. "

Cowlitz1 wrote on Nov 26, 2008 7:46 AM:

" Rocketdad: your perception of US history is flawed. Our founding fathers did a great job, no doubt. But to say they "got it right" is completely wrong. Perhaps you should research the Articles of Confederation, which was displaced several years later by the constitution that has been slowly modified over the years. It was not until 1868 with the passage of the 14th Amendment that the Bill of Rights even applied to individual citizens (prior it was deemed a Bill of State's Rights). I think Lincoln said it best we are "in pursuit of a more perfect Union," i.e. it isn't perfect, it never has been, it's our job to make it "more perfect" Additionally, it seems that you have absolutely no regard for our appeals system which is integral to the description of the justice system laid out in the constitution and subsequent amandments. They used to execute people by firing squad in communist China as well, and charge the family for the cost of the bullet! is this what you suggest, because I hear Cuba and North Korea are nice this time of year! "

argoman wrote on Nov 26, 2008 9:22 AM:

" If anyone were to pull this crap on one of my loved ones I would take care of it myself and save taxpayer money.This country is so screwed up!!!! "

Dudebro wrote on Nov 26, 2008 10:49 AM:

" yeah but then you would go to jail
for agravated murder "

mole wrote on Nov 26, 2008 2:27 PM:

" DRUNK DRIVEING,in some countries are dealt with immediatly,with a bullet in the HEAD.SAN SALVADOR I believe is one!!! If guilty of murder,what do they do!!!! makes you think !!!! "

Top Jobs
More Top Jobs
Top Garage Sales
More Top Garage Sales
Top Rentals
More Top Rentals