Bush OKs execution of Army death row prisoner

[GAP]

Bush OKs execution of Army death row prisoner
Updated Tue. Jul. 29 2008 6:04 AM ET The Associated Press
Article Link

WASHINGTON -- U.S. President Bush on Monday approved the execution of an Army private, the first time in over a half-century that a president has affirmed a death sentence for a member of the U.S. military.

With his signature from the Oval Office, Bush said yes to the military's request to execute Ronald A. Gray, the White House confirmed. Gray had had been convicted in connection with a spree of four murders and eight rapes in the Fayetteville, N.C., area over eight months in the late 1980s while stationed at Fort Bragg.

"While approving a sentence of death for a member of our armed services is a serious and difficult decision for a commander in chief, the president believes the facts of this case leave no doubt that the sentence is just and warranted," White House press secretary Dana Perino said.

In the military courts, "Private Gray was convicted of committing brutal crimes, including two murders, an attempted murder and three rapes. The victims included a civilian and two members of the Army. ... The president's thoughts and prayers are with the victims of these heinous crimes and their families and all others affected."

Unlike in the civilian courts, a member of the U.S. armed forces cannot be executed until the president approves the death sentence. Gray has been on death row at the U.S. Disciplinary Barracks at Fort Leavenworth, Kan., since April 1988.

Members of the U.S. military have been executed throughout history, but just 10 have been executed by presidential approval since 1951 when the Uniform Code of Military Justice, the military's modern-day legal system, was enacted into law.
More on link

 

[The Bread Guy]

Noted this in the piece:

It was unclear where Gray would be executed. Military executions are handled by the Federal Bureau of Prisons.

Anyone know why?  Or is this a reporter mistatement?

Next step, according to U.S. Army Corrections System:  Procedures for Military Executions, Headquarters, Department of the Army, Washington, DC, 17 Jan 06 (courtesy of the Federation of American Scientists).....

1–4. Responsibilities
Only the President of the United States can approve and order the execution of a death sentence (Article 71(a)), Uniform Code of Military Justice (UCMJ, Art. 71(a)) and Manual for Courts–Martial (MCM) (2005 Edition)), Rules for Courts–Martial (RCM) 1207. Department of Defense Directive (DODD) 1325.4 appoints the Secretary of the Army (SA) as the Department of Defense (DOD) executive agent for DOD Level III Corrections, and as such, shall provide a facility to carry out executions of military prisoners with approved death sentences. When the President approves a death sentence, specific responsibilities are as follows:

a. The Secretary of the Army will—
(1) Provide the initial notification of the President’s approval of the death sentence via the Provost Marshal General (PMG) to the Commandant (CMDT), United States Disciplinary Barracks (USDB) (see app B).
(2) Approve the location for the execution.
(3) Prescribe the date of the execution, which shall be no sooner than 60 days from the date of approval by the President for the sentence of death. If the date designated for execution passes by reason of a stay of execution, the CMDT, USDB, shall designate a new date no sooner than 14 days, but no later than 30 days, after the stay of
execution is lifted, unless otherwise directed by the SA.
(4) Provide the PMG with the approved manner (lethal injection), location, and date of the execution (see app C).
(5) Provide notification to and allow for a State witness, at no cost to the Federal Government, for those members of the Army National Guard who receive a sentence of death for offenses committed while on active duty under Title 10, United States Code.

Also, in case someone's interested, courtesy of the Smoking Gun.....
"Bureau of Prisons "protocol manual" used by the government officials who carried out the June 2001 executions of Oklahoma City bomber Timothy McVeigh", released April 2001

 

[North Star]

Could it be that DoD does not have an "execution capability", or people trained to perform judicially-mandated executions?

In the quoted regulations, it clearly lays out what has to be done, and who in bureaucracy speak are the respective "authorities".  But it doesn't state who administers the injection. I would suspect because Corrections does this kind of this on an occasional basis, DoD would set the whole thing up and call in a technician from Corrections.

Just a guess...

 

[The Bread Guy]

On closer look at the military docs, looks like you're right:

2–5. Witnesses
a. The following individuals and representatives are authorized to be present at the execution:
(1) The CMDT, USDB.
(2) A representative from PMG.
(3) The USDB cadre, as deemed appropriate by the CMDT, for security purposes and to ensure professional military
conduct of the execution.
(4) Contracted execution team members.

and in definitions:

Execution Team
The contracted personnel, specifically trained and medically certified, responsible for the actual conduct of the execution by lethal injection.

 

[North Star]

It's because I've been at NDHQ too long and now know how to read between the lines of obscure regulations!

 

[geo]

Considering that this soldier has been on death row for some 20 years, I'm surprised that they have suddenly decided to move ahead.

Disposing of this convicted thug is a good thing - just surprised it's taken this long

 

[Blackadder1916]

Could it be that DoD does not have an "execution capability", or people trained to perform judicially-mandated executions?

. . . I would suspect because Corrections does this kind of this on an occasional basis, DoD would set the whole thing up and call in a technician from Corrections.

Executions of Federal Prisoners (since 1927)
     
Well, that depends on how you define occasional.  But, they have had more recent experience than the DoD and probably have an already approved facility, most likely at USP Terre Haute.

 

[ENGINEERS WIFE]

Bush OK's U.S. soldier's execution


Mon Jul 28, 9:12 PM



ST..JOHNS (CBC) - U.S. President George W. Bush became the first American president in 51 years to approve the execution of a soldier on Monday.
Administration officials said Bush signed the paperwork approving the military's request to execute an army private who has been on death row since 1988, the Associated Press reported.


U.S. military personnel cannot be executed without the president's approval.


Ronald A. Gray, now 42, was convicted in connection with four murders and eight rapes in the Fayetteville, N.C., area during an eight-month period in the late 1980s, while he was stationed at Fort Bragg.


Only 10 members of the U.S. military have been executed by presidential approval since 1951, when the Uniform Code of Military Justice - the military's modern-day legal system - was enacted into law.


President Dwight Eisenhower was the last U.S. leader to authorize a military execution. In 1957, he approved the hanging of John Bennett, an army private convicted of raping and attempting to kill an 11-year-old Austrian girl.


Bush is the first American president to be faced with such a decision in more than 46 years. In 1962, President John F. Kennedy decided to commute the death sentence of Jimmie Henderson, a Navy seaman, to confinement for life.


Death sentences imposed by court-martial


Gray was first tried by a civilian court in North Carolina and pleaded guilty to two murders and five rapes. He was sentenced to three consecutive and five concurrent life terms.


He was then tried by a general court-martial at Fort Bragg. In April 1988, the court-martial convicted him of two murders, an attempted murder and three rapes. He was unanimously sentenced to death.


Gray has unsuccessfully appealed his case through the military justice system. In 2001, the U.S. Supreme Court declined to hear the case.


Bush received a recommendation in late 2005 from the secretary of the army to approve Gray's execution. Since then, it's been under review by the administration, including White House legal counsel.


Gray has been on death row at the U.S. disciplinary barracks at Fort Leavenworth, Kan., since April 1998.


It's not clear where the death sentence will be carried out. Military executions are handled by the Federal Bureau of Prisons.


The military has also asked Bush to authorize the execution of army private Dwight J. Loving, who has been at Fort Leavenworth since 1989. He was convicted of killing two taxicab drivers while he was stationed at Fort Hood, Texas.


The White House declined to discuss that case.


With files from the Associated Press

 

[aesop081]

already posted

http://forums.army.ca/forums/threads/78477.0.html

If the article is more than 8 hours old, chances are its already posted here.

 

[ENGINEERS WIFE]

Sorry, I actually did do a search of 'death penalty' and it didn't show it.   :  My bad......