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08.20.2008 9:00 pm

Thursday editorial: The quality of mercy

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Dennis SkillicornLate Wednesday afternoon the Missouri Supreme Court postponed for at least 30 days the state’s plans to administer the death penalty for the first time in almost three years. It was the correct decision.

We say that not only because this editorial page long has opposed capital punishment in all circumstances, believing that it has no place in a civilized society. And in this particular case, the arguments against the ultimate punishment are particularly strong.

Dennis J. Skillicorn, 49, was to have been executed at 12:01 a.m. next Wednesday even though he did not kill Richard Drummond, the crime for which he was convicted in Lafayette County in 1996. Skillicorn was half a mile away when his buddy, Allen Nicklasson, shot Mr. Drummond, 47, of Excelsior Springs.

The jury knew that when it convicted Skillicorn as an accessory to capital murder. But the prosecutor in the case had painted Skillicorn as the ringleader among the three men convicted in Mr. Drummond’s death. The trio had traveled from Kansas City to St. Louis to buy drugs, and the men were returning to Kansas City on Aug. 23, 1994, when their car broke down on Interstate 70, 22 miles east of Kingdom City. Mr. Drummond, a telephone company technician, stopped to help them.

The third member of the group, Tim DeGraffenreid, 17 at the time of the crime, was convicted of second-degree murder. Skillicorn and Nicklasson both were sentenced to death. But Nicklasson, last month swore in an affadavit that “I have maintained from the day of my arrest, October 5, 1994, that Dennis had absolutely no knowledge that I would murder Mr. Richard Drummond.”

Just as important — and perhaps more so — is that since he’s been in prison, Skillicorn has been an exemplary citizen, a rare moderating influence in a place — as one inmate put it — “full of vampires.”

If the fact Skillicorn had very little to do with the actual murder isn’t enough to convince Gov. Blunt to commute his sentence, perhaps his record as a model prisoner will. The Supreme Court’s action should help him consider that record more completely.

Skillicorn’s lawyers had been denied access to prison staff and inmates as part of their efforts to draw up a clemency petition. On Wednesday, the court said this amounted to “obstruction of clemency advocacy.”

Skillicorn’s lawyers now have one month to do conduct interviews on a voluntary basis with the people who know Skillicorn best. It’s in the best interest of the Department of Corrections to cooperate.

As Neal Turnbrough, a former guard at the Potosi Correctional Center in Mineral Point, put it: “You’d like to have a whole prison of Dennises; it makes the job easier.”

Skillicorn is a leader in several Christian prison ministries. He helped create a hospice program to care for inmates who are sick and dying. He is the editor of “Compassion,” a bi-monthly newsletter for death row inmates nationwide, the mission of which is “promoting restorative justice and reconciliation.”

Among the letters sent to Gov. Blunt on behalf of Skillicorn’s petition for clemency is one from a fellow death row inmate who wrote, “You got a lot of love in you, my brother. And as I sit here knocking on heaven’s door, I will go forth and take with me your strength and honor and total compassion, whether I go forth in this life or the next.”

The letter was written by Marlin Gray, executed by the state of Missouri on Oct. 26, 2005. The death chamber at the prison in Bonne Terre has since gone unused as Missouri and the nation again have wrestled with issues related to capital punishment.

In April, the United States Supreme Court ruled, 7-2, that the lethal injection procedure used to administer the death penalty in Kentucky was not “cruel and unusual punishment” under the Eighth Amendment. Because 37 of the 38 states that permit capital punishment using a three-drug process similar to Kentucky’s, the death penalty had been on hold while the Kentucky case worked its way to a decision by the high court.

A similar challenge to the constitutionality of lethal injection had been brought in Missouri. The state, it turned out, did not have a formal written execution protocol. Dr. Alan Doerhoff, a Jefferson City surgeon who had supervised most of the executions in Missouri, admitted that he was dyslexic and that he sometimes had made mistakes while administering doses of the execution drugs.

A Post-Dispatch investigation revealed that Dr. Doerhoff also had been sued for medical malpractice some 20 times and that David Pinkley, a nurse who had worked with Dr. Doerhoff, was on probation for legal problems unrelated to his profession.

Larry Crawford, director of the Missouri Department of Corrections, says those problems have been corrected. Yet how tragic that a model prisoner who never actually pulled a trigger might become the test case for the new procedures and staff.

The state has a neatly-typed, five-page execution protocol that is a public document, setting forth in precise language the procedures to be followed; the dosages of each drug to be administered and in what order; the veins in which IV lines are to be inserted (primary and secondary); the position of the gurney and the timing of the procedure.

A key change, Mr. Crawford said, is that the execution team now is supposed to wait three minutes after the injection of the first drug: 5 grams of thiopental. During that waiting period, medical personnel are supposed to enter the death chamber and check to ensure that the drug, a heavy barbiturate, has taken effect and has rendered the inmate unconscious. Only then may the second drug, a paralyzing agent, and the third drug, which stops the heart, be administered.

“I’ve talked to a lot of medical people in recent months,” Mr. Crawford said, “and they all tell me that if you had to pick a way to die, this is the way to go.”

Another key change: The process is to be overseen by a board-certified anesthesiologist who is assisted by a licensed practical nurse. A licensed pharmacist will prepare the drugs. Mr. Crawford said these arrangements exceed court-ordered standards, which permit a nurse or an emergency medical technician to supervise executions.

A recently enacted state law makes the identities of medical personnel involved in state executions a secret, along with the identity of the corrections department employee assigned to start the flow of the drugs.

This confidentiality may be important to the anesthesiologist hired by the state. The ethical guidelines of the American Medical Association and the American Society of Anesthesiologists forbid physicians from participating directly or indirectly in executions.

Dennis Skillicorn’s best hope for avoiding these people lies with his request for clemency from Gov. Blunt. That’s why it’s important that corrections officers and inmates be encouraged to talk about the Dennis Skillicorn they have come to know in the last 12 years.

If the death penalty must be imposed, it must be reserved for the worst of the worse, not for someone who may have had no idea what his partner was planning. As punishment for his participation, Skillicorn deserves to spend the rest of his life in prison, a sentence that would have the added benefit of letting him continue the good works to which he has devoted his life since being sent to Potosi. Religious groups from around the state have appealed for clemency, noting the tremendously positive influence Skillicorn has on other inmates.

Skillicorn’s lawyers, led by Jennifer A. Merrigan of the Public Interest Litigation Center in Kansas City, also are challenging the the way the state developed its execution protocol: adopting it without presenting it for public comment or review by the Legislature’s Joint Committee on Corrections.

In St. Louis on Wednesday, Mr. Blunt was asked about Skillicorn’s petition for clemency. His reply was non-commital, saying only that “I spend a great deal of time going over the information with my staff. It’s the most serious thing we do within our criminal justice system, and it’s a responsibility that I take very seriously.”

We hope Mr. Blunt will encourage Mr. Crawford and his staff to speak openly about Skillicorn’s record. A full and open review would be a courageous step for the governor and for Missouri. In Shakespeare’s words:

The quality of mercy is not strain’d,
It droppeth as the gentle rain from heaven
Upon the place beneath: it is twice blest;
It blesseth him that gives and him that takes. . . .

Editor’s Note: Click below to hear Gov. Matt Blunt answer Post-Dispatch Editorial Writer Eddie Roth’s questions about the clemency process:

Gov. Matt Blunt regarding clemency process

45 comments

Comments are closed.

It is true that capital punishment has no place in civilized society. Once we have one, capital punishment should be abolished.

— Star20
8:16 am August 21st, 2008

Well put, Star20.

— Nick Kasoff
9:05 am August 21st, 2008

Capital punishment is unfair, that is to say that there is so much emphasis put on making it painless and, for the most part, private. We ALL have to die freaking painfully. That’s why people are “thankful” when someone they know has a quick death because they are in pain for less time. It’s highly unfair that a murderer gets to have the most humane, painless death available (besides maybe the closed-circuit TV).

They can just rot in prison. That’s infinitely worse. Then they’ll have to die like a real person- painfully from injury or sickness.

— Katrina
9:26 am August 21st, 2008

I believe that if capital punishment were carried out swiftly, i.e. within one year of sentencing, it would actually serve as a deterrent. Instead, the criminals know they have decades to continue living and at the expense of decent taxpaying citizens. ‘Three hots & a cot,’ television, commissary, library and printing privileges, and correspondence from pathetic lonely woman more than willing to contribute to their commissary accounts. Sickening.

— CrabbyAbby
9:40 am August 21st, 2008

What Star20 said. I truly look forward to that day. Until then, however, we don’t need mindlessly legalistic protocols, we don’t need to know who the prison staff is, and we sure as heck don’t need more hypocritical moralizing from the daily fishwrap. We need a swift and honest application of justice. Take this piece of human debris to the nearest swimming pool and hold his head under until the bubbles stop. May the soul of Richard Drummond rest in peace.

— Go_Fish
10:11 am August 21st, 2008

The Editorial Board’s admission that it opposes capital punishment in all circumstances renders the rest of your argument irrelevant. We realize that you place your opinions above that of prosecutors, juries, lawmakers, victims, and other citizens of the state of Missouri. You may even be right and all those other people wrong. If so, there are many lengthy appeals and clemency processes to make that determination.

Skillicorn has had a dozen years since his conviction to demonstrate what a fine, upstanding person he is and plea for his life to be spared. Mr. Drummond was not given one additional second to make his case to avoid the fate of Skillicorn’s actions.

— A#
10:14 am August 21st, 2008

This comment is to all the “Pro-Death Penalty” Christians. Just think if our government had murdered this man before he had committed his life to Christ. Many have been murdered by our government before their predestined time, JUST AS THE MURDER VICTIM’S LIFE WAS TAKEN BEFORE GOD”S TIMING, but by man’s determination. No man or government has the godly right to take another’s life. The practice is revenge, another evil being committed claiming to be doing good just as many other evils in histories past were justified as doing good such as the Charlemagne, the Spanish Inquisitions, etc.

The death penalty is evil and is being justified as something that is good for society when in fact; it brings a curse upon a society.

If a Christian truly believes that God is “Almighty” then they would not doubt God’s capability of handling these life and death matters and would realize that they have no authority from God to do so. When one commits murder, regardless of it being government sponsored they have no godly authority to do so. The death penalty will only bring those who support it under judgment and they forfeit being judged under GRACE until they repent and turn their hearts far away from this eviil.

— D. Walker
11:05 am August 21st, 2008

Sorry, D. Walker, but the Bible does allow for the death penalty…If you look, even in the new Testament, it states that you are to follow your government’s laws (unless they run contrary to scripture and what God has said). And if the death penalty is deemed Constitutional, then those are a government’s laws. The death penalty is allowed by God’s standards, whether you like it or not.

— Jack
12:06 pm August 21st, 2008

In no way do I profess to be a Christian. But, as I understand the Bible, all I need to do to win a seat in heaven is to renounce my sins and accept Jesus Christ as my savior. So assuming I do this after I’ve murdered 4 people…or even 1 person…where is God’s retribution? Do I get a lesser place in heaven? Am I seated at a table further from the podium?

Was it really the will of an “Almighty” god that the 4 victims be murdered? Or am I to believe this is the work of the devil? If God is mightier than Satan, why doesn’t he stop all this evil?

Give me a break.

— CrabbyAbby
12:10 pm August 21st, 2008

D-, I have a question about evil for you, and I really would like an answer.
Would you say that a man that said that having a second doctor respond to a baby that survived an abortion is really nothing more than a burden on the mother is evil?

So in a nutshell
Baby survives abortion
Baby should die because having a second doctor respond is too much trouble.

Your candidate said it D-, and its on tape. Is that not evil personified?

— Si Vis Pacem Para Bellum
12:11 pm August 21st, 2008

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