Berry Killed on His Birthday? | Jackson Free Press | Jackson, MS

Berry Killed on His Birthday?

As Earl Berry's attorneys continue their protests that the state's method for killing inmates is flawed, Mississippi Attorney General Jim Hood filed a motion this week to reset the execution of Earl Berry for the 1987 murder of Mary Bounds to May 5—incidentally Berry's 49th birthday.

The U.S. Supreme Court lifted Berry's stay of execution Monday after ruling last week that lethal injection is not unconstitutionally cruel. "The higher court's ruling has cleared the way for us to move forward in the Berry case," Hood said in a statement. "Our filing today will request that an execution be set to take place within 30 days."

Berry's attorneys, however, argue that the court's decisions does not render Mississippi's lethal-injection method constitutional, saying that will continue their lawsuit challenging Mississippi's procedure for lethal injection on behalf of the other prisoners on death row. "The U.S. Supreme Court affirmed only a procedural dismissal of Mr. Berry's challenge to lethal injection; it did not decide whether Mississippi's protocol for lethal injection is constitutional," Berry attorney Jim Craig said. "We intend to prove that Mississippi does not use the safeguards approved by the Court in the Kentucky case, and the higher risk of suffocation and internal burning during executions here is unacceptable."

Berry's attorney had previously filed a lawsuit on his behalf against the use of lethal injection in Mississippi. Jim Craig, David Voisin and Jamie Priest from Jackson and Jack Williams from Oxford issued a statement about the ruling in the case of Baze v. Rees, after filing a brief with the Court in response to the ruling:

"The Chief Justice's opinion said that Kentucky uses safeguards which reduce the risk that a prisoner will be consciously suffocated or internally burned by the chemicals used in lethal injection. These include the educational background required of the execution team, the training given those persons, and the way the drugs are administered. The Mississippi DOC has not produced any evidence that those kinds of safeguards are used in executions at Parchman."

Berry was convicted and sentenced to death by a Chickasaw County jury for the Nov. 29, 1987, murder of Mary Bounds. He later confessed to the murder. He is one of 63 inmates currently on Mississippi's death row.

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