South Carolina Death Row Inmate Delegates Execution Decisions to His Attorney

Waiting for Court’s Input

In Columbia, South Carolina, an inmate on death row has given the decision-making power regarding his execution method to his attorney, court filings reveal. As of now, the South Carolina Supreme Court has halted all further executions until a decision is made about the required interval between them. Tied to an execution order set for September 20, Freddie Owens could be the first person executed in the state since 2011. However, a request to space executions at least 13 weeks apart has put additional executions on hold, pending the court’s judgement.

Execution Method Decisions

Established last month by the state high court under the state law, Owens has three choices for his execution: lethal injection, firing squad, or electrocution. If he does not provide a written choice, the default method becomes the electric chair, following the rules of a 2021 law. Owens, however, handed over this decision to his attorney on August 14, one week before his execution order was issued by the court on Friday. While approving the order, Owens opted to use his legal name, Khalil Divine Black Sun Allah, but retained his old name for court filings to minimize confusion.

The state’s prison officials were notified about the decision by Owens’ attorneys once his warrant was issued, as per legal filings. Raising an issue yet to be addressed by state law, Corrections Director Bryan Stirling questioned the validity of an attorney making such decisions for an inmate. As of now, both the state and Owens’ attorneys have been directed by the justices to provide responses to Stirling’s inquiry by Friday. For Owens, the deadline for deciding on the execution method is set to September 6, two weeks post the issuance of the execution order as per state law.

Frequency of Executions

Owens is among the five inmates requesting a minimum 13-week interval between executions. Having exhausted the normal appeals processes, the five men who have signed the motion, including Owens, now anticipate the court’s decisions. Lack of available options due to the legal back-and-forths had obstructed Owens’ execution twice in 2021. South Carolina state law currently carries no explicit rules about the frequency of executions; it only stipulates a four-Friday timeline from the date of death warrant issuance to the execution. Following last month’s Supreme Court ruling that resumes halted executions since 2021, five successive executions on following Fridays are feasible.

However, the attorneys of these inmates have identified numerous issues with this approach in their motion. They argue that scheduling executions close in time might raise the risk of serious errors during the process, potentially causing cruel or unusual punishment. This tight timeline could be punishing for the staff carrying out the executions, affecting their mental and physical health. Additionally, it doesn’t provide adequate time for executioners to learn from mistakes, adjust protocols, and for the attorneys to sue to ensure they do. If problems arise with a particular execution method, the inmates should have the ability to opt for a different one. However, the opportunity for this choice would be lost if the 14-day decision window had already passed.

The Governor’s Stance

The Attorney General’s Office refrained from commenting on the motion, citing it as an ongoing legal matter. Asked about the requested 13-week interval, Governor Henry McMaster voiced his belief that such decisions should rest with the Legislature, adding that if they saw the need for a frequency delay in state law, they should make that addition. Until then, the governor believes that the justices shouldn’t create such a rule.

Speaking about his repeated support for the death penalty as a form of justice for victims’ families, especially after an inmate has exhausted the legal processes, Governor McMaster emphasized the role and necessity of the death penalty. However, he refrained from stating whether he would grant Owens clemency, suggesting that his answer would likely be negative.

About Freddie Owens

Owens was found guilty in 1999 of killing gas station clerk Irene Graves during a crime spree two years prior. The mother of three was shot in the head because she couldn’t access the safe, leading Owens and his accomplice to leave with only $37.29 from the cash register. The following night of his conviction, Owens killed another inmate at the Greenville Detention Center before confessing to the act in court the next day. Having been twice returned by the Supreme Court to the courts due to issues in his case, the jury recommended the death penalty both times, which the court accepted in 2008.