Tuesday, April 27, 2010

News Release on upcoming execution

DRAPER, Utah — On Friday, April 23, 3rd District Judge Robin Reese signed a death warrant in the case of the State of Utah vs. Ronnie Lee Gardner. The Utah Department of Corrections is moving forward with plans to carry out the Court’s order in compliance with long-standing Department policy. The Department will make every effort to minimize any anxiety and negative impacts on the family and friends of both the victims and the condemned. Department staff will display appropriate levels of professionalism, restraint and courtesy at all stages of the process.

In accordance with Utah law, Ronnie Lee Gardner has elected to be executed by firing squad. It is anticipated that the Court’s order will be carried out shortly after midnight on June 18, 2010.

Below is information, as specified in state statute and Department policy, related to carrying out an execution by firing squad. This information is provided to address common questions the Department is receiving from members of the news media and other interested parties in light of the recent Court action.

Witnesses

No one will be required to witness the execution, nor will anyone attend as a matter of right. No person under the age of 18 will be permitted to attend. All witnesses will sign release forms, undergo searches, and will be ushered in and out of staging areas and witness rooms. Witnesses may include:

· Prosecutor or deputy prosecutor working for the county where the offense was committed

· No more than two law-enforcement officials from the county where the offense was committed

· The state’s Attorney General or a designated deputy

· Religious representation

· Friends or relatives designated by the condemned, not exceeding five

· No more than five close relatives of the deceased victim(s)

· Selected pool media witnesses

· Utah Department of Corrections staff or personnel from allied agencies as deemed necessary

Protests

The Department of Corrections has specific policies in place that seek to maximize movement through the general prison environs during an execution, while also securing the facility and all those involved in the process. The Department will provide an opportunity for demonstrators to express their opinions, whether in favor or against capital punishment, as long as they do so in a lawful manner. Additional details regarding the designated staging locations will be released as the date approaches.

Prosecution

The Department of Corrections and its allied agencies will arrest and encourage prosecution of anyone who in any way attempts to document the death of the condemned via audio, video, or any other means. The Department will also seek to prosecute those found to be trespassing or entering the secured property without proper permission and clearance. Anyone taking part in unlawful demonstrations, unlawfully attempting to disrupt the execution, or threatening or terrorizing those involved in the execution process will likewise be subject to possible prosecution – including inmates being disruptive, assaultive, etc.

Condemned Choices

The condemned may request up to five individuals to witness the execution, including legal and religious representatives, friends and family. The Department has discretion whether to grant the request. The condemned will be contacted by Department officials for instructions on how to dispose of his personal property and any funds remaining in his inmate account.

Organ donation is not an option for condemned inmates.

The condemned will be offered a last meal. The request will be granted at the discretion of Department of Corrections officials. The last meal will be prepared at the prison facility by Corrections personnel. Alcohol will not be served or used in the cooking of the meal.

The condemned will have access to religious and legal representation, and will be given an opportunity to offer any last words prior to execution of the death warrant.

Execution Chamber

The execution will take place at the Utah State Prison in Draper, Utah. The facility’s execution chamber was completed in 1998. It has been used once – for a lethal injection execution in the 1999 case of State of Utah vs. Joseph Mitchell Parsons.

The scheduled execution will be the first performed by firing squad in this permanent chamber. The room is approximately 20 feet by 24 feet and is fitted with curtains to cover the windows into the adjacent witness rooms. The windows are complete with bullet-proof, reflective glass to protect the witnesses from unintended ricochet, and to both physically and emotionally separate and protect the identities of the witnesses.

Firing Squad Logistics

Executioners are pre-selected by the Department of Corrections and must be law-enforcement certified in the State of Utah. The five law enforcers remain anonymous, and will be stationed behind a gun ported brick wall in the execution chamber. The executioners will be armed with .30-caliber rifles, four of which will be loaded with live rounds. The weapon carrying the blank round will be unknown to the law enforcers.

The condemned will be secured to a chair, and a target will be placed over his heart and a hood over his head. At the conclusion of the condemned’s last words, the execution team will commence fire. A physician will be on site to certify that death has occurred.