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In the gruesome business of executing
people, there are specific rules
that are followed step by step according
to an official Execution
Protocol. The policy is restricted
and secret. Prisoners can not know
how they are going to be executed.
Nothing is to be added or deleted
from the official protocol. At least
that is the way it is supposed to
be. There are certain procedures that
go into effect almost immediately
after the condemned person receives
his execution warrant. The warrants
are usually dated 35 days before the
event. The first thing that occurs
is that you receive a copy of the execution
warrant from the warden or
his designee. Then you are given various
other forms to fill out. These
include: Last Meal Request; Execution
Witness List; Application to the
Board of Executive Clemency; Method
of Execution; Disposal of Property;
Disposal of Remains; Last Will &
Testament.
When the condemned person reaches 14
days before the execution date he
or she is moved to a death watch cell
for observation. Practically no
property is allowed while you are on
death watch. When we were at CB6
(before the move to Eyman in 1997)
an officer was posted outside your
cell for 24 hours a day. Your every
move is recorded on a clip board.
The object of this is to prevent you
from committing suicide and thus
cheat the state out of its ritual of
execution. When your time runs down
to 48 hours before the event, you are
moved to the holding cell of the
death house at the Central Unit.
In September 1997 all of death row was
moved from CB6 to the Special
Management Unit II at Eyman complex.
The protocol remained the same. At
the 14 day point, you were still transported
back to CB6 to the
observation cell. This procedure continued
until last month.
One morning we were awakened by the
sound of inmates being moved. All 10
prisoners in pod number 2 were being
moved. Before you knew it, all 10
were gone and the pod was completely
empty. A few mornings later heavy
construction was going on. Sparks were
flying, drills were whining and
hammers were banging. This racket went
on for days. No one could figure
out what was happening. Curiosity can
drive you mad around here. One can
compare this situation to that of animals
in a zoo. The animals are
always very anxious about any changes
in their cages and surrounding
environment. Especially when it is
not possible to see what is
occurring. It was not until 14 days
before a scheduled execution that we
figured out what was taking place.
They moved the condemned man into the
empty pod number 2, which was now going
to be used as the death watch
cell instead of transporting the prisoner
back to CB6. Video cameras had
been installed - one outside the cells
and another in the exercise room.
A TV monitor and VCR were installed
in the guard tower. Now every move
could be observed and simultaneously
recorded on video tape. Twenty four
hours a day.
When you are in the observation cell
you have no property. Each morning
you are given an orange jump suit and
your bed linens are collected.
Your cell is searched and you begin
your day. In the evening, you
surrender your jump suit and you are
given new bed linens. All this is
done so that you do not hang yourself.
You are allowed one sheet of
paper to write on and a 3 inch pencil.
To get another sheet of paper you
must surrender the sheet of paper you
have. This is bizarre. I know of
no method of committing suicide with
a piece of paper. It is futile to
try to make sense out of these rituals.
Needless to say it is difficult
to write farewell letters under such
circumstances.
It was curious to watch the officers
turn into predators as they
participated in these activities. It
started when construction work was
under way to transform pod number 2
into the observation pod. The
officers were running around like busy
bees tending the hive. They were
so happy to be able to contribute toward
the preparations to kill
another human being. They were humming
and singing. Actually falling
over themselves in the process. I asked
one of the officers how they
could afford to leave 10 cells empty
with the remaining 110 cells filled
to capacity and at least four new men
were on their way to the row from
recent death sentences. He smiled at
me and in a boastful manner said
that there was no problem. 'That a
new day had dawned because they were
going to be despatching a whole lot
of us old timers to the death house
shortly.' I see all of this as a sickness.
There is such perverse
pleasure derived on the part of these
officers in the anticipation of
executing us. Nothing will ever change
in their eyes. We will forever be
considered scum by our keepers. Life
on the row is difficult and
depressing enough without being confronted
by the undercurrent of such
hostility. The ritual itself takes
its toll on you. It is designed to be
a constant reminder that the state
does not forget and it will have all
of the suffering and pain it can get
out of us before killing us.
It appears as if the Eighth Amendment
against 'cruel and unusual'
punishment does not apply anymore.
When a person is allowed to suffer
two sentences for a crime, one must
wonder. Most murderers who do not
get the death penalty are given sentences
of 25 years to life. Usually
after the 25 years in prison the gates
are opened and they go free.
Whereas a death row inmate’s sentence
can be delayed for 20 to 25 years
whereupon execution still follows.
No consideration is given to the
additional life sentence that may have
been served. Instead of taking
this additional punishment into consideration
at an executive clemency
hearing, the state and the victim’s
family cry foul, arguing that it is
the prisoner who is responsible for
any delay after manipulating and
cheating the public in order to stay
alive. In reality it is the
public’s own state courts that cause
these long delays in the process of
trying to undo their faulty rulings
and unjust sentences.
This is not to say that the victims
are not entitled to procure
punishment of an offender for a murder,
but to mete out double
punishment must be considered 'cruel
and unusual'. What legitimate
penological purpose is served by executing
an individual after he or she
has already served a life sentence?
Where is the written rule of law
permitting such suffering? When a person
serves a life sentence in
general population the life style is
completely different. You have many
liberties and privileges. You can have
a structured life, being out of
your cell for most of the time. You
can walk around, have contact
visits, you have more personal property.
You can have a job. All of
these are not allowed for death row.
We are in solitary confinement.
Locked in our cages for 23½
hours a day. This is the hardest time to do.
It is long and cruel. A life sentence
served on death row equals 2 - 3
life sentences in general population.
Although delaying executions for decades
is not written in the law, nor
considered by the clemency board or
the public as being a legitimate
mitigating factor at the clemency hearing
prior to execution, the
suffering involved cannot be denied.
It certainly is part of an
unwritten execution protocol that imposes
as much pain, suffering and
revenge as possible on the condemned
prisoner. Regardless of the fact
that the judge never imposed this additional
punishment, we are
certainly made to endure it. I guess
the proverbial 'pound of flesh' is
no longer sufficient payment for one’s
atonement. All we have left to
give is our life. What more can we
give? What more do they want? The
protocol needs to be changed and the
madness must stop.
..................................................................
Richard Rossi 50337
ASPC - Eyman, G.42
P.O. Box 3400
FLORENCE, AZ. 85232
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