Vacating Procedures that Exercise Decency

The grounds of mental retardation are established as reason for preventing execution because the accused has to have an understanding of his crime. In Texas, a retarded man was supposed to be kept from doing others harm, but a just sentence must take into account humane regard for what is inflicted on a person afflicted with mental incapacity to act in what is considered normal realms.

The way we treat our fellows is how we can judge not just criminals, but those administering our laws. In the state that has executed a man who had more than one grounds to be spared, and in our highest court, there is a lot of disregard for humanity and for life.

Today a member of the legal team that was trying to stave off the execution of Michael Richard, now deceased, has spoken out about the massive failures of humanity that sent Richard to his death.

We pleaded with the court at least three times to stay open, but Keller would not make an exception to the policy that the clerk's office closes at 5. Keller has correctly been criticized, even vilified, for this decision. But the focus on Keller should not absolve the others who share responsibility for this
preventable travesty.

The Texas attorney general's office, for example, knew of our intentions that day. Officials there also knew about the delay. Attorney General Greg Abbott could have advised the warden not to proceed with Richard's execution, but he elected not to. Gov. Rick Perry (R) knew what was happening but did not act. The district attorney's office was aware of the development in the Kentucky case and that we had attempted to file an additional pleading citing that development, yet that office also declined to act.

Finally, there is the Supreme Court. For half a decade lawyers have been trying to get the high court to review the constitutionality of the prevalent protocol for lethal injections. The justices knew what they had done that morning in the Kentucky case. They also knew -- because we told them in a last-minute pleading -- that the state court had closed its door on us.

Yet the justices did nothing. They allowed the execution to proceed. Judge Keller's decision, effectively consigning Michael Richard to death, was reprehensible. But it was also typical of the arbitrariness and brazen disregard for legal principle that characterizes most death penalty cases. Since the Supreme Court set this moratorium in motion with its announcement in September, nearly all of the more than 3,000 death row inmates in America have had their lives extended -- all, that is, except one.

The court that let Richard die is the same Supreme Court that refused to hear an appeal by Khaled al-Masri that he was held and tortured for committing no crime, by our government. It held that purported state secrets outweighed humane considerations, a finding that a large section of the community of humane citizens find appalling. The decisions yet to come may be a new low for the court, if it continues in this path of disrespect for the public.

The pro-business court has shown its lack of public interest in many decisions this term. It's lack of interest in decency is creeping through, as well.

When standards of human conduct are no longer in effect at the land's highest court, and it shows human life and humane considerations are not in its purviews, the country has lost a vital pillar holding up our country's standards. The Geneva conventions are quaint, to this executive branch - like the sanctity of life. That disregard for decent conduct has infected the judicial branch as well.