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Ross Execution Postponed Until Monday; Judge Threatens Lawyer

By Jeralyn, Section Death Penalty
Posted on Fri Jan 28, 2005 at 11:22:04 PM EST
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Update: Here's a transcript of the telephone call in which the Judge threatened to take Ross's lawyer's law license. (hat tip: Todd Bussert and Matthew Berger)

Update: The execution of Michael Ross has been postponed until Monday, while his lawyer, T. Paulding, tries to resolve new allegations of a conflict of interest. More here.

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Original Post

Michael Ross is out of appeals. The Supreme Court has rejected an appeal filed today by Ross' father. Ross is scheduled to be killed in two hours, at 2:01 am, ET.

Today, a telephone call between the federal Judge who had granted the stay and lawyers got very ugly, with the Judge threatening to take Ross' lawyer's law license.

A federal judge who tried to halt the execution of Michael Ross put intense pressure on Ross' attorney Friday, threatening to take away his law license if he was wrong in helping the serial killer die, according to court papers filed with the U.S. Supreme Court late Friday.

...The judge said he was troubled by newly disclosed letters from an inmate, Ramon Lopez, and a retired deputy prison warden, John Tokarz, who claimed Ross' decision to die may have stemmed from harsh conditions on death row.

"So I warn you, Mr. Paulding, between now and whatever happens Sunday night, you better be prepared to live with yourself for the rest of your life," Chatigny said, according to a transcript. "And you better be prepared to deal with me if in the wake of this an investigation is conducted and it turns out that what Lopez says and what this former program director says is true, because I'll have your law license."

The New York Times has more on Friday's legal developments.

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    Ross Execution Postponed Until Monday; Judge Threatens Lawyer | 13 comments (13 topical)
    Re: Ross Execution Postponed Until Monday; Judge (none / 0) (#1)
    by Talkleft Visitor on Fri Jan 28, 2005 at 10:52:49 PM EST
    Jurisprudence derangement: We can't off a serial killer because he might be in a funk, but we can intentionally starve to death an innocent woman who is mentally debilitated.

    Re: Ross Execution Postponed Until Monday; Judge (none / 0) (#2)
    by BigTex on Fri Jan 28, 2005 at 11:30:55 PM EST
    What recourse does th' attorney have if th' balck robe tries t' take his license?

    Re: Ross Execution Postponed Until Monday; Judge (none / 0) (#3)
    by Talkleft Visitor on Sat Jan 29, 2005 at 12:54:06 AM EST
    That judge want's ross dead, so who is the judge, Bin Laden? we are all run by men not laws, And its really a joke of a law system, how long before The system start to setup camps? and mass-executions?

    Re: Ross Execution Postponed Until Monday; Judge (none / 0) (#4)
    by Talkleft Visitor on Sat Jan 29, 2005 at 07:01:06 AM EST
    I should have gotten the URL....but if you look on CNN, a third, yes a third conservative pundit has been found being paid by the health and human resources department, or something, I don't know. I find it interesting that Bush is 'bringing the era of responsibility' in the white house, while fostering this tremendous deficit, and it going to pundits who praise him. Hmmm, well, what more can you expect.

    Re: Ross Execution Postponed Until Monday; Judge (none / 0) (#5)
    by Talkleft Visitor on Sat Jan 29, 2005 at 07:43:15 AM EST
    bendito - no. we don't kill people because they are depressed. we let (if we truly are humane and follow the personal and spiritual wishes of individuals) people who have expressed their wishes to not be kept alive by artificial means when they have less than a (for example) .01% chance of ever recovering. one is mercy - one is helping someone commit suicide.

    Re: Ross Execution Postponed Until Monday; Judge (none / 0) (#6)
    by roger on Sat Jan 29, 2005 at 09:03:00 AM EST
    Death row sucks, how is this the lawyer's fault?

    Re: Ross Execution Postponed Until Monday; Judge (none / 0) (#7)
    by Talkleft Visitor on Sat Jan 29, 2005 at 09:03:54 AM EST
    Actually both cases are assisting in people commiting suicide. We put different labels on it to suit our own 'morality'. However, we are permitting two people to kill themselves with the aid of others.

    Re: Ross Execution Postponed Until Monday; Judge (none / 0) (#8)
    by Talkleft Visitor on Sat Jan 29, 2005 at 01:27:31 PM EST
    Bendito - First the law has always held that one being put to death must be sane (to a certain degree) at the time of execution. The law was based upon the accused being in a condition to appreciate the punishment. The defense attorney in this case bases his argument on whether or not the accused is failing to act rationally by failing to exercuise legal options to stave off or avoid the penalty. I just thought that it makes a nice contrast that the easiest way to avoid execution is to actually act nuts. The Florida case involves a different issue. If the patient is sentient, then no one wants to starve her. However, if the brain has been destroyed to the exent that there is no real thought process capable and only autotomic reaction, then do we really gain anything as a society by forcing the poor individual to stay alive with the relatives awaiting an a recovery that can never come. This is the dilema that our science has forced upon us. Big Tex - The judge cannot disbar the attorney. It has to go through an involved administrative process conducted through the bar disciplinary committee and the state supreme court.

    Re: Ross Execution Postponed Until Monday; Judge (none / 0) (#9)
    by Talkleft Visitor on Sat Jan 29, 2005 at 02:01:10 PM EST
    Solution: Let's kill THE ATTORNEY! (Hat tip to Bill Shakespeare).

    Re: Ross Execution Postponed Until Monday; Judge (none / 0) (#10)
    by BigTex on Sat Jan 29, 2005 at 02:43:27 PM EST
    The judge cannot disbar the attorney. It has to go through an involved administrative process conducted through the bar disciplinary committee and the state supreme court. Thanks fer th' info. But that makes th' question all th' more important. If th' balck robe is bellowin' and tryin' t' exercise power that he doesn't have, then what recourse does th' attorney have? Black robes have t' be held accountable fer their actions too.

    Re: Ross Execution Postponed Until Monday; Judge (none / 0) (#11)
    by Talkleft Visitor on Sat Jan 29, 2005 at 02:52:16 PM EST
    Another Grave abuse of judicial activism. This activist named Robert Chatigny is no doubt upset that the supreme court would no longer allow him to stonewall the process of this just punishment. Shame on him.

    Re: Ross Execution Postponed Until Monday; Judge (none / 0) (#12)
    by wishful on Sat Jan 29, 2005 at 05:22:02 PM EST
    I am thinking that some commenting here did not read the phone Xscript. That said, on to my reaction: I can easily see the Jesus I know in full support of the Judge's strong advice to Mr. Ross's attorney. Furthermore, I think that Mr. Ross's atty may thank this judge at the end of the day. The judge steered him to do the right thing--presenting and considering all of the evidence, instead of selectively considering only those things that support execution. There is nothing saying that an execution will not still occur. There is only the order to consider all of the facts and all of the options allowed by law, before the execution. As the judge points out, it would not be too meaningful to consider the facts after the execution. It is difficult to argue with that. If you guys are intent on so much state committed murder without even following all of our own rules, you may just get what you want. Things seem to be moving in your favor. All this thirst for vindictiveness, violence and hate saddens me though. For those of you who delight in having the 10 Commandments posted in courthouses, here is a case where the judge is preventing the breaking of one. It is the one about not bearing false witness against your neighbor. Omission of the expert testimony (just because it gives pause to the theory supporting execution without delay) is bearing false witness. So if the law isn't reason enough to do things right, the fundies can at least take comfort that the judge is following a higher law that they all claim to hold unassailable.

    Re: Ross Execution Postponed Until Monday; Judge (none / 0) (#13)
    by Kitt on Sun Jan 30, 2005 at 01:08:14 PM EST
    Thank you wishful; I did read it. As I read it, especially in the beginning, the court is trying to establish whether Mr. Paulding is doing 'all that he can' to ensure that his client's interests are maintained; all avenues are explored that have any bearing on Mr. Ross's decision...

    Ross Execution Postponed Until Monday; Judge Threatens Lawyer | 13 comments (13 topical)