July 24, 2012
SALEM, Ore. – Twice convicted murderer Gary Haugen is asking the state of Oregon to execute him. The death row inmate appeared in a Marion County courtroom today . He’s challenging an order by Governor John Kitzhaber that placed a moratorium on the death penalty while the Democrat is in office.
Haugen’s attorney Harrison Latto told the judge the reprieve leaves his client with an uncomfortable level of uncertainty.
“For the reason also that the reprieve is clearly not for Mr. Haugen’s benefit, he will have to endure what he considers to be onerous conditions”
Attorneys for the state countered that an inmate can’t refuse an unconditional benefit granted by the governor.
Judge Timothy Alexander said there was no need for Haugen himself to make any statements at this hearing. It’s not clear when he will make his final decision.
june 17, 2012 Source : http://www.allgov.com
Oregonian Gary Haugen is having trouble making up his mind whether he wants to live or die. The 49-year-old prisoner has been on death row since 2007 for fatally beating and stabbing fellow inmate David Polin in 2003, while Haugen was serving a life sentence without parole for beating his ex-girlfriend’s mother to death in 1981. Both crimes were exceptionally violent: Polin’s skull was crushed and he had been stabbed 84 times.
Originally scheduled to die August 16, 2011
waived his appeals to protest the “arbitrary and vindictive nature of the death penalty,” but the Oregon Supreme Court cancelled his execution because Haugen’s
attorneys argued that he was mentally incompetent to waive his appeals. After a hearing found him competent, he was scheduled to die December 6
, when Oregon Governor John Kitzhaber announced he was granting Haugen a reprieve
from execution, and that he would not allow any executions to proceed, at least until the state legislature has a chance to consider and enact reforms. Kitzhaber called Oregon’s death penalty system “compromised and inequitable.”
Haugen initially thought Kitzhaber’s action “was a smash, [that] something good was done,” and his attorneys filed papers accepting the Governor’s reprieve. Within a short time, however, Haugen changed his mind, calling the Kitzhaber “a paper cowboy” who “couldn’t pull the trigger.” He was particularly critical of Kitzhaber’s decision to submit possible reforms to the 2013 State Legislature, rather than in 2012; that decision likely flowed from the fact that the legislature meets for only 35 days in even numbered years but for 160 days in odd years.
Now Haugen wants the courts to force Kitzhaber to allow his execution. In a lawsuit filed May 24, Haugen’s new attorneys argue that a pardon or reprieve must be accepted by the inmate to be valid, and that Haugen’s prior attorneys did not have his consent to file papers welcoming the reprieve. They also argue that Governor Kitzhaber exceeded his constitutional authority in granting the reprieve, because a reprieve is ordinarily time-limited, rather than open-ended.
The lawsuit may face rough going, however, as it relies on two very old cases (from 1918 and 1926) for its “acceptance” argument, and cites only a 43-year-old legal dictionary for the proposition that the Governor can issue only time-limited reprieves. Neither theOregon Constitution
nor relevant statutes
place any such restrictions on the Governor’s power.
June 15, 2012 Source : http://www.courthousenews.com
SALEM, Ore. - A death row inmate sued Gov. John Kitzhaber in state court, demanding to be put to death. Kitzhaber “announced that he would refuse to permit any further executions to occur while he served as governor,“ Gary D. Haugen says in his complaint in Marion County Court. Kitzhaber issued a “temporary reprieve of plaintiff’s death sentence” in November and then imposed the moratorium.
Haugen, 50, seeks judicial intervention, calling his reprieve “invalid and ineffective” because he refuses to accept it. He claims that state law requires that the person receiving a reprieve accept it. ”Plaintiff has rejected the reprieve and therefore it is legally ineffective to halt the execution of this sentence,” the complaint states.
Haugen also claims that the reprieve is “beyond the governor’s constitutional authority” because it does not last for a definite time.
He also questions the governor’s reasons for issuing the reprieve. Rather than suspending the death penalty because it is inhumane, Kitzhaber suspended it “because of defendant’s moral opposition,” Haugen says.
He claims that the Oregon Constitution “does not confer upon him [Kitzhaber] the power to suspend the operation of any Oregon law for the reason that he is opposed to it.”
Haugen claims that a governor may grant clemency, but it must be because it has been determined that the prisoner deserves mercy, which may come in the form of a pardon, a reduction in sentence or a reprieve based on the inhumanity or injustice of proceeding with the death penalty.
Kitzhaber has called the death penalty ineffective and “morally wrong,” and said he does not wish to “participate” in it.
Haugen quotes the governor as saying, “Oregon’s application of the death penalty is not fairly and consistently applied. [I do] not believe that state-sponsored executions bring justice.”
A death warrant hearing in September 2011 found Haugen competent to be executed. He accepted the finding and chose not to challenge it. He was scheduled to be executed on Dec. 6, 2011. Haugen asked the court to determine that the governor’s reprieve is unconstitutional, and that the court “would become legally obligated to conduct a death warrant hearing” and “to issue a death warrant directing the plaintiff’s sentence to be carried out.” The complaint does not mention the nature of Haugen’s crime, but Oregon media refer to him as a “two-time killer.”
The case resembles the famous case of Gary Gilmore, who demanded to be executed in Utah in 1977, and got his wish. Haugen is represented by Harrison Latto of Portland.
april, 3 2012 source : http://www.dailytidings.com
PORTLAND, Ore. — As Oregon death row inmate Gary Haugen fights a reprieve, he has a supporter in Marion County District Attorney Walt Beglau whose office won the death penalty conviction.
Haugen wants to be executed and has asked a circuit court to rule that Gov. John Kitzhaber’s reprieve is legally ineffective because Haugen doesn’t accept it.
Beglau told The Oregonian that’s the central issue in the case. Beglau says he disagrees with Kitzhaber’s reprieve and won’t defend it. The Oregon Justice Department will.
Haugen was sentenced to die for killing another inmate in prison. The governor is opposed to capital punishment.