Thomas Warren Whisenhant, aka #00Z355, has been a guest of the Alabama Department of Corrections since May 31, 1978. He resides on death row at Holman Prison, where he receives room and board, medical care, and access to a library to work on his 'complaints' of receiving an unfair trial back in the '70s.
Now, Brian Lyman, from the Capital Bureau in Montgomery, says Mr. Whisenhant, who was tried and convicted of the murder of 24-year-old Cheryl Payton in Mobile County, some three decades ago, had another appeal argued before a three-judge panel of the 11th Circuit Court of Appeals in January 2006.
No rulings as yet - those wheels of justice in Alabama are mighty rusty!!
Clay Crenshaw, just one of those involved in this 'joke of justice' over the years, is an Alabama Assistant Attorney General who was one of the latest who argued the state's case before the 11th Circuit. Mr. Crenshaw says it would, on average, take six months to one year after the argument, for a decision to be published. Well, folks, it has now been over three years.
Thonda Brownstein, of the southern Poverty Law Center, was charged with the distasteful job of representing Mr. Whisenhant in his 2006 hearing. both she and Mr. Crenshaw are clueless as to why no decision has been reached as yet.
The black robed clowns heading up this judicial fiasco are: U.S. Circuit Court Judges J.L. Edmondson, Stanley Birch and Susan Black. Not a peep from the lot of them, on the delay.
Ms. Brownstein argued that poor Mr. Whisenhant was insane at the time of the killing, and so - should not be executed. She also argued that his previous attorney, Morris Dees, was an incompetent counselor (a statement quickly brushed aside due to Mr. Dees long record in the courtroom and national reputation). And lets not forget Mr. Richard Dieter, director of the Death Penalty Information Center in Washington, stressing that the federal circuits are swamped with death penalty cases and adequate representation is a key point. Good Mr. Dieter doesn't believe in the death penalty.
Now to the point:
Cheryl Payton was a 24-year-old who was taken from her job at a convenience store, and murdered. But not just murdered, she was assaulted, bound and shot in the back of the head, and her body was mutilated on different occasions - whenever poor Mr. Whisenhant felt the 'urge' to pay her another visit.
Cheryl was not his only victim, as he admitted to having murdered three other women between 1963 and 1977.
Mr. Whisenhant liked to remove jewelry, watches, etc. from his victims and would sometimes present a piece to his wife.
When caught, he was attempting to remove Cheryl Paytons body from a farm in Irvington, Alabama......a family farm. My husband came across Cheryl while checking our crops and was able to send a farm hand to call the police. While my husband waited, Mr. Whisenhant returned. Luckily, the police were not far behind, as my husband had no weapon and was unsure what to expect if he found it necessary to stop Mr. Whisenhant from leaving the scene.
Now, Mr. Dieter says " The Supreme Court has set some higher standards for death penalty representation, and courts of appeal have to follow that. If the lawyer didn't investigate all the mitigating circumstances, the sentence could be overturned".
What mitigating circumstances? Whisenhant admitted to other killings and was found with Cheryl's body......eyewitness.
What is wrong with Alabama justice? Is there none? When a case is as open and shut as this one, why on earth is this animal still allowed to live? My husband died in 1994. He was a hard worker, a wonderful husband and a super father. He did his duty. When is the state of Alabama going to do theirs? It has been 31 years since Mr. Whisenhant was given a place to live, three meals a day and free health care as well as access to a law library and an attorney, on the taxpayers dime. What a travesty of justice.
You judges see if you can explain to these women's children why you are so intent on caring for the animal who brutally murdered their mothers. While you are at it, explain to me and my children why a man as fine as my husband, who tried to help the justice system do their job, is dead, while this filth is still trying to save his own life.
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