EXECUTION ALERT!

The State of Alabama plans to execute Robert Melson on Thursday, June 8th 2017. The execution is supposed to start at 6 pm CST.

 

Write or call Governor Kay Ivey and ask her for a stay of excution.


THE HONORABLE GOVERNOR KAY IVEY
STATE CAPITOL N... 104
600 Dexter Ave
MONTGOMERY, AL 36130 2751
PHONE 1-334-242-7100
FAX: 1-334-242-3282
Email: http://governor.alabama.gov/contact/

 

Talking Points for Robert Melson

 

1. Witnesses at the botched executions of Ronald B. Smith Jr. and Eddie Powell noted visible signs of distress, yet nothing has changed in the execution protocol. Expert testimonies from the medical field, as well as from the pharmaceutical maker of the drug state unequivocally that midazolam is not effective as an execution drug.
2. Alabama has no clear and carefully documented execution protocols.
3. Melson’s former attorneys missed critical filing deadlines in his case more than 13 years ago. This was due to Alabama’s post-conviction proceedings which do not guarantee post conviction representation to indigent defendants.

 

Robert Bryant Melson
Robert Bryant Melson

 

The possibility of executing an innocent man gets exponentially higher when courts deny capital defendants appeals. The scheduled execution of Robert Melson should be stopped because he has never had a chance to appeal his case. Through no fault of his own, a court filing was improperly filed. Only an appellate attorney would understand the "verification" needed for court documents, but for the lay person, imagine that it had the wrong stamp on it. This single mishandled document virtually cancelled his chance to raise any issues of innocence, prosecutorial misconduct, and falsified or withheld evidence. All because one incompetent, out of state, attorney couldn't file a brief correctly.

 

 

For those not familiar with legal filings, I'll try to keep this straightforward.  Last night SCOTUS vacated a stay of execution for Robert Melson.

 

Initially, a lower court (11th cir.) had granted a stay because that court wanted to complete pending litigation about the potential constitutional violation of Alabama's lethal injection protocol.  The court wants to decide whether or not the protocol is cruel and unusual punishment.  As recent as May 30th, the 11th circuit has heard arguments in this litigation.

 

In granting Mr. Melson's request for a stay, the 11th cir. explained only that it has the ability to grant a stay, but did not explain all 4 factors that it must take into account before granting a stay.

 

  1. Whether he has made a strong showing that he is likely to succeed on the merits.
    The court refused to say whether or not they thought he had made a strong showing, for fear that they may show which way they were leaning in the litigation.  The court cited their authority to issue a stay under the All Writs Act, but failed to delineate the likelihood of successful litigation.  This left the door open for SCOTUS to vacate the stay.
    The other 3 factors all fall in favor of Mr. Melson, and the court agrees, but only with a footnote, not a clear explanation.

  2. Whether the applicant will be irreparably injured absent a stay.
    Clearly death is irreparable harm.

  3. Whether a stay would injure the other party.
    Clearly no harm comes to the state from the issuance of a stay.

  4. Where the public interest lies.
    This factor also suggests that a stay would be proper to ensure no constitutional violation occurs.
    Each individual factor suggests the execution of Robert Melson should be halted pending the resolution of ongoing litigation, but the Supreme Court decided to lift the stay anyway.  Proving, once again, that capital punishment in the U.S. is carried out in an arbitrary fashion.

 

Download
Robert Melson 11th Circuit Court of Criminal Appeals Stay Motion
Melson11cStayMotion2.pdf
Adobe Acrobat Dokument 151.9 KB
Download
Robert Melson SCOTUS Stay Motion
MelsonAlabamaSCtStayMotion.pdf
Adobe Acrobat Dokument 126.3 KB

Hope with Effort / Effort with Faith

 

 

 

I do not know how many people or if anybody pays any attention to my writing, but God blessed me with this gift to do something with it just like He blessed each and every one of you with life! June 6, 2017 I had to witness my dear friend walk past me with two officers headed to an execution chamber to be put to death. I prayed with him prior so God would be with him. For our Most High God says no man nor weapon shall prosper against us for He made all things! I used to be mad because the State of Alabama doesn’t want to do right by our justice system, now I’m more concerned because in order to do right you have to want it. The fool people into believing that there is such being or thin that is the worst of the worst. People make mistakes some even worser than others but we all have a thin called rehabilitation that changes people mentally (wanting it self + will), spiritually (word of God), physically (good work out)! Now if you do not believe in rehabilitation and one can and will change we need to order the Government to close down all rehabs and prisons where they put all these tax payers’ money because there is no such thing as change or rehabilitation!

 

Now I can *PROMISE* you there is no such thing as the *Worst of the Worst*! Even with Alabama and other states who issue out death warrants on an individual’s life (pre-mediated murder) because they tell you ahead of time how you supposed to die or better yet how they are going to kill you, that’s the worst in my thinking but they can change this law breaking manner with rehabilitation! You can only make a stride to change if you want to! You can only grow spiritually if you want to! You can only grow and change physically if you want to! What I have to say to this worst of worst government, you can only do it if you want to because all the chaos in the world starts with you! So do you want to because I myself would like to outlive the change to seeing you do so …

 

This article is dedicated to my dear friend Robert Melson who always asked was I okay …

 

A Caring Friend