老澳门开奖结果 Sues Federal Government for Risking Lives to Resume Executions During Pandemic

Buddhist Priest Should not Have to Choose Between his Health and Performing Sacred Religious Duties for Prisoner Set to be Executed in July

July 2, 2020 9:15 am

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INDIANAPOLIS 鈥 Seeking to delay the federal execution of Wesley Purkey later this month, the 老澳门开奖结果 and Ropes Gray LLP sued Attorney General William Barr and other federal officials today on behalf of Reverend Seigen Hartkemeyer, a Buddhist priest who has ministered to Purkey for over a decade. Rev. Hartkemeyer is religiously obligated to attend Purkey鈥檚 execution 鈥 scheduled for July 15 鈥 but doing so would put his health and life at severe risk due to the COVID-19 pandemic.

Purkey鈥檚 execution is the second of three that the government has scheduled back to back later this month, despite a global pandemic. If carried out, these will be the first federal executions in 17 years. The executions threaten to become 鈥渟uper-spreader events鈥 for COVID-19: Each execution will require the travel and congregation of hundreds of people, including correctional officers, local and national media, legal counsel from around the country, witnesses, victims鈥 family members, and others. The Terre Haute prison at which Purkey鈥檚 execution is set to take place is currently dealing with a COVID-19 outbreak.

鈥淭he fact that the federal government has scheduled these executions now, during a pandemic when COVID-19 cases are surging around the country, is appalling,鈥 said Cassandra Stubbs, director of the 老澳门开奖结果鈥檚 Capital Punishment Project. 鈥 hotspots for COVID-19 are in prisons. Asking hundreds of people from around the country to go to Indiana right now to attend this execution is like asking them to run into a burning building. We haven鈥檛 had a federal execution in 17 years: There is absolutely no reason for the government to rush forward with such a reckless and dangerous plan.鈥

Rev. Hartkemeyer 鈥 who is 68-years-old and has lung-related illnesses that make him particularly vulnerable to COVID-19 鈥 has been designated as a witness to Purkey鈥檚 execution. Federal regulations mandate that such designated witnesses be present at the execution. The lawsuit charges that scheduling this execution now 鈥 and forcing Rev. Hartkemeyer to risk his health and life to perform his religious duties as Purkey鈥檚 priest 鈥 violates the Religious Freedom Restoration Act.

鈥淎s Mr. Purkey鈥檚 priest for the last 11 years, I have a religious obligation to be present at his execution to ease his crossover from this life,鈥 said Rev. Hartkemeyer, the plaintiff in this case. 鈥淚 should not have to risk my health and life to perform my sacred priestly duties. We must ask ourselves how much we are willing to sacrifice to enable the government to perpetuate a cycle of killing.鈥

鈥淭rump officials claim to champion religious freedom, yet once again have no qualms about trampling those rights when it suits their political agenda,鈥 said Heather L. Weaver, senior staff attorney for the 老澳门开奖结果鈥檚 Program on Freedom of Religion and Belief. 鈥淭here is no reason to resume federal executions during a pandemic, especially when it would keep a priest from performing his religious commitments to a man about to lose his life.鈥

In the past year, the Supreme Court has delayed executions in two cases addressing whether a prisoner may have his spiritual advisor present in the execution chamber. Last month, the court stopped the execution of in Texas and ordered the lower court to assess whether his pastor could safely accompany him in the execution chamber. Similarly, the court intervened last year when , a Buddhist man, was denied the right to have a Buddhist chaplain accompany him during the execution. The court鈥檚 actions followed a public uproar after the justices allowed the execution of to go forward in February 2019. Ray was a Muslim prisoner in Alabama, where the government would allow only a Christian chaplain in the execution chamber.

Today鈥檚 lawsuit was filed in the U.S. District Court for the Southern District of Indiana. In addition to Attorney General Barr, the complaint names as defendants Michael Carvajal, director of the Bureau of Prisons, and T.J. Watson, the warden of the Terre Haute federal correctional complex. Rev. Hartkemeyer asks the court to delay Purkey鈥檚 execution until an effective treatment or vaccine for COVID-19 is available.

The complaint is online, here.
A blog from Rev. Hartkemeyer can be found, here.

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