Two longtime inmates on Arizona's death row may soon be the first to be executed in the state since 2014, reported the Arizona Republic.
Notices of intent to seek warrants of execution have been
filed with the Arizona Supreme Court against Frank Atwood, 65, and Clarence
Dixon, 65, Arizona Attorney General Mark Brnovich announced Tuesday.
“Capital punishment is the law in Arizona and the
appropriate response to those who commit the most shocking and vile murders,”
Brnovich said in a statement. “This is about the administration of justice and
ensuring the last word still belongs to the innocent victims who can no longer
speak for themselves.”
The Arizona Supreme Court will decide if the Department of
Corrections can proceed with the executions, which will occur 35 days
after the court's mandate, or order, denying review of their cases.
Atwood and Dixon have the option to die by lethal injection
or gas, according to Arizona law.
Brnovich asked the court to create a firm briefing
schedule before it issues its order to allow the Department of Corrections to
comply with execution protocols.
Brnovich has frequently mentioned Atwood and Dixonin letters
he sent to Ducey advocating for the governor to resume executions. Ducey, who
oversees Department of Corrections Director David Shinn, has asked the
agency to take actions to help resume capital punishment.
In Arizona's last execution, in 2014, Joseph R. Wood was
left snorting and gasping for nearly two hours before he died from a
controversial drug cocktail. Arizona faced lawsuits and also had trouble
gaining access to approved lethal drugs.
There are 115 people on Arizona's death row, and 20
have exhausted their appeals.
Of those inmates who have exhausted their appeals, two are
Hispanic, three are Native American, 15 are white and one did not provide his
ethnicity.
They have convictions out of Maricopa, Pima, Mohave, Yavapai
and Pinal counties. Two men are brothers, and another man's sibling also was on
death row until he died of an illness.
Atwood is white, and Dixon is a member of the Navajo
Nation.
Even though some death row inmates have exhausted their
appeals, all are able to submit a commutation application to the Arizona Board
of Executive Clemency.
According to Arizona law, the governor is only able to
consider a pardon or commutation of a sentence if the clemency board has
offered a recommendation.
The board never has issued a recommendation to pardon
or commute a sentence of a person on death row, according to the American Bar
Association.
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