07-14-2020, 08:35 PM
First federal execution in seventeen years. White supremacist creep.
Daniel Lewis Lee (January 13, 1973[1] – July 14, 2020)[2] was an American white supremacist and convicted murderer who was sentenced to death and executed for the 1996 murders of William Frederick Mueller, Nancy Ann Mueller, and their daughter Sarah Elizabeth Powell. Lee and his accomplice, Chevie Kehoe, murdered the family at their home in Arkansas, on January 11, 1996.
Lee was scheduled to be executed on July 13, 2020, but on that date, a U.S. district judge blocked the execution, citing unresolved legal issues.[3] In the early hours of July 14, the Supreme Court ruled that the execution could proceed. It was scheduled for 4:00 AM that day.[4] After another short delay, he was executed at 8:07 AM.[5] He was the first person the federal government executed in 17 years.
When Kehoe was sentenced to life imprisonment, local prosecutors planned to pursue a similar sentence of life imprisonment for accomplice Daniel Lewis Lee, but were directed by the United States Department of Justice in Washington, D.C. to argue for a death sentence.[16] U.S. Attorney Paula Casey requested U.S. Attorney General Janet Reno withdraw jeopardy of capital punishment but was told by Deputy U.S. Attorney General Eric Holder to continue seeking a death sentence. Lee received a death sentence for three counts of murder in aid of racketeering. The mother of Nancy Mueller, Earlene Branch Peterson, pleaded for clemency on behalf of Lee. She stated, “I can’t see how executing Daniel Lee will honor my daughter in any way. In fact, it’s kinda like it dirties her name. Because she wouldn’t want it and I don’t want it.”[17]
In December 1999, the United States Court of Appeals for the Eighth Circuit issued a writ of mandamus quashing Lee's subpoenas of Reno and Holder regarding the sentencing decision.[18] In March 2000, District Judge Garnett Thomas Eisele granted Lee's motion for a new penalty phase trial if the Attorney General herself decided not to withdraw the death penalty.[19] In December 2001, that judgment was reversed by the Eighth Circuit, which reinstated Lee's death sentence.[20] In July 2004, the Eighth Circuit affirmed Lee's conviction and death sentence on the merits.[21]
In April 2013, the Eighth Circuit affirmed the denial of Lee's habeas corpus petition challenging the constitutionality of his conviction.[22] In July 2015, the Eighth Circuit affirmed the denial of Lee's subsequent habeas motion challenging the constitutionality of his prior habeas motion.[23] Lee was scheduled to be executed on December 9, 2019, and would have been the first inmate to be executed by the federal government since the execution of Louis Jones, Jr. in 2003.[24] On November 20, 2019, U.S. District Judge Tanya S. Chutkan issued a preliminary injunction preventing the resumption of federal executions. Lee and the other three plaintiffs in the case argued that the use of pentobarbital may violate the Federal Death Penalty Act of 1994.[25]
On December 5, 2019, an Indiana federal court stayed Lee's execution,[26] but the United States Court of Appeals for the Seventh Circuit vacated the Indiana federal court's stay of execution on December 6, 2019.[27][28] Later that same day, the Supreme Court of the United States denied a stay of Chutkan's injunction against all federal executions while the U.S. Court of Appeals reviews Chutkan's decision.[29][30]
In April 2020, a panel of the United States Court of Appeals for the District of Columbia Circuit vacated District Judge Chutkan's injunction in a per curiam decision.[31] Circuit Judges Gregory G. Katsas and Neomi Rao both wrote concurring opinions concluding that Lee may be executed, but for different reasons.[32] Circuit Judge David S. Tatel dissented, arguing that the statute explicitly requires the federal government to follow state execution protocols.[32] On June 29, 2020, the Supreme Court denied Lee's petition for a writ of certiorari, with Justices Ruth Bader Ginsburg and Sonia Sotomayor dissenting.[32]
The execution date was set for July 13, 2020, the first of several federal executions scheduled after the D.C. Circuit's ruling. The victims' families asked for a rescheduling of the date, saying they were unable to travel to witness the execution due to the COVID-19 pandemic, but the Seventh Circuit ruled that while allowing the victims' families to attend such events is standard practice, there are no rights or legal basis for their attendance, and denied a change in date. The victims' families sent an emergency appeal to the Supreme Court.[33] Before the Supreme Court could rule, Judge Chutkan ordered a halt to all federal executions on the basis that the process was "very likely to cause extreme pain and needless suffering".[34] The Department of Justice appealed to both the Court of Appeals for the D.C. Circuit and the Supreme Court. The D.C. Circuit Court did not intervene. In the early morning of July 14, 2020, the Supreme Court lifted the hold that Judge Chutkan previously implemented in a 5–4 decision. This action allowed the Department of Justice to proceed with the execution; Lee's lawyers said that the execution could not go forward after midnight under federal regulations.[35]
Lee was executed later that morning. When asked for a final statement, he denied committing the crime, stating, "I didn't do it. I've made a lot of mistakes in my life, but I'm not a murderer. You're killing an innocent man,"[2] and that he and Kehoe had been in a different part of the country when the crime occurred.[12] Lee was pronounced dead at 8:07 AM after receiving a single-dose lethal injection of pentobarbital.[2]
Lee was the first person to be executed by the United States federal government since the execution of Louis Jones, Jr. in 2003.[5] Overall, his execution was the fourth federal execution since legislation permitting the resumption of the practice was passed in 1988.[36]
Daniel Lewis Lee (January 13, 1973[1] – July 14, 2020)[2] was an American white supremacist and convicted murderer who was sentenced to death and executed for the 1996 murders of William Frederick Mueller, Nancy Ann Mueller, and their daughter Sarah Elizabeth Powell. Lee and his accomplice, Chevie Kehoe, murdered the family at their home in Arkansas, on January 11, 1996.
Lee was scheduled to be executed on July 13, 2020, but on that date, a U.S. district judge blocked the execution, citing unresolved legal issues.[3] In the early hours of July 14, the Supreme Court ruled that the execution could proceed. It was scheduled for 4:00 AM that day.[4] After another short delay, he was executed at 8:07 AM.[5] He was the first person the federal government executed in 17 years.
When Kehoe was sentenced to life imprisonment, local prosecutors planned to pursue a similar sentence of life imprisonment for accomplice Daniel Lewis Lee, but were directed by the United States Department of Justice in Washington, D.C. to argue for a death sentence.[16] U.S. Attorney Paula Casey requested U.S. Attorney General Janet Reno withdraw jeopardy of capital punishment but was told by Deputy U.S. Attorney General Eric Holder to continue seeking a death sentence. Lee received a death sentence for three counts of murder in aid of racketeering. The mother of Nancy Mueller, Earlene Branch Peterson, pleaded for clemency on behalf of Lee. She stated, “I can’t see how executing Daniel Lee will honor my daughter in any way. In fact, it’s kinda like it dirties her name. Because she wouldn’t want it and I don’t want it.”[17]
In December 1999, the United States Court of Appeals for the Eighth Circuit issued a writ of mandamus quashing Lee's subpoenas of Reno and Holder regarding the sentencing decision.[18] In March 2000, District Judge Garnett Thomas Eisele granted Lee's motion for a new penalty phase trial if the Attorney General herself decided not to withdraw the death penalty.[19] In December 2001, that judgment was reversed by the Eighth Circuit, which reinstated Lee's death sentence.[20] In July 2004, the Eighth Circuit affirmed Lee's conviction and death sentence on the merits.[21]
In April 2013, the Eighth Circuit affirmed the denial of Lee's habeas corpus petition challenging the constitutionality of his conviction.[22] In July 2015, the Eighth Circuit affirmed the denial of Lee's subsequent habeas motion challenging the constitutionality of his prior habeas motion.[23] Lee was scheduled to be executed on December 9, 2019, and would have been the first inmate to be executed by the federal government since the execution of Louis Jones, Jr. in 2003.[24] On November 20, 2019, U.S. District Judge Tanya S. Chutkan issued a preliminary injunction preventing the resumption of federal executions. Lee and the other three plaintiffs in the case argued that the use of pentobarbital may violate the Federal Death Penalty Act of 1994.[25]
On December 5, 2019, an Indiana federal court stayed Lee's execution,[26] but the United States Court of Appeals for the Seventh Circuit vacated the Indiana federal court's stay of execution on December 6, 2019.[27][28] Later that same day, the Supreme Court of the United States denied a stay of Chutkan's injunction against all federal executions while the U.S. Court of Appeals reviews Chutkan's decision.[29][30]
In April 2020, a panel of the United States Court of Appeals for the District of Columbia Circuit vacated District Judge Chutkan's injunction in a per curiam decision.[31] Circuit Judges Gregory G. Katsas and Neomi Rao both wrote concurring opinions concluding that Lee may be executed, but for different reasons.[32] Circuit Judge David S. Tatel dissented, arguing that the statute explicitly requires the federal government to follow state execution protocols.[32] On June 29, 2020, the Supreme Court denied Lee's petition for a writ of certiorari, with Justices Ruth Bader Ginsburg and Sonia Sotomayor dissenting.[32]
The execution date was set for July 13, 2020, the first of several federal executions scheduled after the D.C. Circuit's ruling. The victims' families asked for a rescheduling of the date, saying they were unable to travel to witness the execution due to the COVID-19 pandemic, but the Seventh Circuit ruled that while allowing the victims' families to attend such events is standard practice, there are no rights or legal basis for their attendance, and denied a change in date. The victims' families sent an emergency appeal to the Supreme Court.[33] Before the Supreme Court could rule, Judge Chutkan ordered a halt to all federal executions on the basis that the process was "very likely to cause extreme pain and needless suffering".[34] The Department of Justice appealed to both the Court of Appeals for the D.C. Circuit and the Supreme Court. The D.C. Circuit Court did not intervene. In the early morning of July 14, 2020, the Supreme Court lifted the hold that Judge Chutkan previously implemented in a 5–4 decision. This action allowed the Department of Justice to proceed with the execution; Lee's lawyers said that the execution could not go forward after midnight under federal regulations.[35]
Lee was executed later that morning. When asked for a final statement, he denied committing the crime, stating, "I didn't do it. I've made a lot of mistakes in my life, but I'm not a murderer. You're killing an innocent man,"[2] and that he and Kehoe had been in a different part of the country when the crime occurred.[12] Lee was pronounced dead at 8:07 AM after receiving a single-dose lethal injection of pentobarbital.[2]
Lee was the first person to be executed by the United States federal government since the execution of Louis Jones, Jr. in 2003.[5] Overall, his execution was the fourth federal execution since legislation permitting the resumption of the practice was passed in 1988.[36]
The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated Communist but instead the people for whom the distinction between fact and fiction, true and false, no longer exists -- Hannah Arendt.