Ellington

Read Is State Executing a Mentally Ill Man?

At 2:30 p.m. today the Federal Court for the Southern District of Mississippi entered a Temporary Restraining Order (TRO) enjoining the execution of Hart Turner until February 20, 2012. Mr. Turner had been scheduled for execution on February 8, 2012.

Mr. Turner's attorneys had argued that the Mississippi Department of Corrections was improperly preventing them from sending a psychiatrist to have their client psychiatrically assessed for the purpose of possible litigation to prevent his execution or to seek clemency from the Governor. Mr. Turner, a man with no prior convictions, has a long and extensive history of mental illness, including having been released from a mental hospital just weeks before the crime for which he has been sentenced to death.

The court held that Mr. Turner had made a substantial showing that his rights to Due Process were being violated and that he was likely to succeed in his lawsuit. The court also held that Mr. Turner would suffer irreparable harm if a temporary restraining order were not issued because he would be executed by the state before the court could issue a meaningful decision on the merits of his claim.

In granting the temporary order, Judge Reeves stated:

"... to the extent that the State of Mississippi enjoys an interest in putting Turner to death, the opportunity would not be forever lost simply by requiring the Department of Corrections first to permit Turner to meet with a psychiatrist. Assuring that constitutional protections are provided to each of its citizens is not a disservice to the American public."

Mr. Turner's attorney, James Craig of the Louisiana Capital Assistance Center said:

"America's justice system is founded on the notion that everyone gets their fair day in court. This judge is simply doing his job to protect the values we all share by making sure that Mr. Turner has a fair chance to present his case to the courts and to the Governor.

"Mr. Turner has never had a fair opportunity to present the evidence that he is the sort of seriously mentally ill prisoner who should not be executed in a humane criminal justice system. We are simply asking that we be allowed to have access to our client so that we can have him psychiatrically assessed so that the best information is available before any decision is made to proceed with the execution.

"A Temporary Restraining Order cannot be appealed but is also of very limited duration. The case will now be quickly set for a full hearing on whether the Department of Corrections is violating the Constitution by seeking to execute Mr. Turner without allowing him adequate access to the courts and to the Governor."

For further comment please contact attorney James Craig (601) 503 8065 [e-mail missing] or if he is unavailable, Director of the Louisiana Capital Assistance Center, Richard Bourke (504) 258 2915 [e-mail missing].