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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.

Hey editorial people…no mention of the fact he was also convicted of 3 other murders?? Why not? I believe in conversion, but he knows he should have to pay for what he did…Also, since he has converted and is ready to go to meet the Lord, why is he wanting to stay on Earth when Heaven awaits?

— Jack
12:11 pm August 21st, 2008

D. Walker. From your statements I gather that your God allows salvation for those who destroy righteous life like the good Samaritan, Mr. Drummond as long as they repent and find Christ later. Well how about if capital punishment supporters go ahead and take care of business and just make it a point to repent and profess later? Or not.

Just as many of us don’t aspire to your Christian heaven, you can not condemn us to your Christian hell. If I’m wrong, I’m really curious what Mr. Drummond would have to say to Skillicorn when they meet to share the raptured afterlife. Of course I would be spending eternity elsewhere since I won’t deserve the company of the likes of the repentant Skillicorn. Of course, according to Rev. Wright, anyone who voted for Dubya is already damned.

— A#
12:19 pm August 21st, 2008

Si,

Who are you insinuating that this man is that said such a thing and, if you are insinuating that it was Obama, IT IS A OUTRIGHT LIE! Its twisting and distorting. And Yes! I would say that it is evil to kill a baby after making it through birth alive. Yes, Yes, Yes!

A#,

As far as the mind of God, I don’t know what God’s intentions are for anyone, no one does. I cannot speak about what God has not disclosed to us. I just am speaking about a supposedly Christian government and a supposedly civilized society people murderering others under the “Eye for an Eye” Old Testament Law.

— D. Walker
12:56 pm August 21st, 2008

A3,

It is ignorant to just make up what other people believe such as, your claim that Rev. Wright believes that anyone who voted for whoever Dubya is already damned. Even referring to a President as Duba is ignorant.

— D. Walker
1:06 pm August 21st, 2008

CrabbyAbby,

Gee, it would have to be a true change of heart, not just what someone say. God is no fool like we people can be.

Also, it is so obvious that YOU DO NOT understand or really truly know what is written in the Holy Scriptures (the Bible), but, it would never hurt you learning though, then, you could speak with knowledge about what’s really is said in its entire content and discuss why you agree or disagree with what’s within the books of the bible.

— D. Walker
1:15 pm August 21st, 2008

D-, you say it is an outright lie?

Lets go to the tape:
“I suspect that doctors feel that they would be under that obligation, that they would already be making these determinations, and that essentially adding an additional doctor, who then has to be called in an emergency situation to come in and make these assessments, is really designed simply to burden the original decision of the woman and the physician to induce labor and perform an abortion.”

http://www.chicagotribune.com/media/mp3/2007-04/29383467.MP3

— Si Vis Pacem Para Bellum
1:34 pm August 21st, 2008

D-, dont believe your own ears? How about the official transcript from the Il senate?

“Now, if — if you think that there are possibilities that doctors would not do that, then maybe this bill makes sense, but I — I suspect and my impression is, is that the Medical Society suspects that doctors feel that they would already be under that obligation, that they would already be making these determinations, and that essentially adding a — an additional doctor who the has to be called in an emergency situation to come in and make these assessments is really designed simply to burden the original decision of the woman and the physician to induce labor and perform an abortion.”
http://www.ilga.gov/senate/transcripts/strans92/ST040402.pdf

Now who were you calling a liar, me or The Chosen One?

— Si Vis Pacem Para Bellum
1:40 pm August 21st, 2008

What a strange editorial … No mention of the family of the victim or the victim who lost his life? We all can sense the near-hysterical zeal of the PD Editorial Board to push its view of capital punishment and the value of this convict’s life, but wouldn’t a sensible treatment of the issues include a discussion of, reference to, or at least some indication of consideration for the victim and his family … he was someone’s son, brother, father, etc. This is a shame. For more, visit http://www.PostDispatchWatch.com.
- Lee Pulitzer

— Lee Pulitzer of the Post-Dispatch Watch
2:29 pm August 21st, 2008

D- I have read the Bible cover-to-cover a couple of times. I’ve been involved in Bible study groups with people of the Baptist, Presbyterian, Catholic, Methodist and Evangelical faith. All said the same thing: Accept Christ as your personal savior and truly renounce your sins. All will be forgiven and you will have a place in heaven. So, I ask again: I kill someone or several someones and then I honestly open my heart, seek salvation and accept Christ. Where is God’s retribution?

As for my not understanding or truly knowing the scriptures, isn’t that why there are so many religions–because everyone has a different understanding (interpretation) of them? Or, are you like the other Christians I’ve encountered who claim theirs is the only true/correct interpretation?

After years of study, and soul-searching and reading the Bible, my personal conclusion is 1) it is a book of fables written by men to assert control over others, and 2) each person/religion bends the teachings/understanding/interpretations to suit their own devices.

— CrabbyAbby
2:46 pm August 21st, 2008

The other thing that Christians must realize and understand concerning the death penalty under Old Testament Law was that the death penalty was God’s judgment, not man’s judgment where, the only Jewish rabbis that had the authority under God to carry out God’s judgment of death and decide legal cases were those men who were righteous and godly.

Then things changed and the Jewish rabbis who decided legal cases began to follow after their own ways and not the ways God had instructed which caused them to become corrupt. They became so corrupted in their hearts that they began following after their own hearts concerning who deserved and did not deserve death, They even murdered most of God’s prophets and those who were disciples of Christ. Another example was the Pharisees who became this same way. And we know also that Jesus said that ones like these were the children of the devil that they followed after their father, the devil.

They, the rabbi judges became dishonest in deciding legal cases, they showed favoritism to certain people, they allowed ones to keep quiet concerning testimony that could help one who was on trial etc. These evils are what we are witnessing still today in our legal system.

So far as murderers being able to be changed? We cannot know what God sees in another human being or the plans that God has for another as we can see through the example of the conversion of Saul who became Paul who had many murders under his notch before repenting and coming to Christ.

— D. Walker
3:24 pm August 21st, 2008

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