PHOENIX (AP) — Prosecutors have requested the Arizona Supreme Court to name off an upcoming listening to scheduled by a lower-court decide to find out the psychological health of a prisoner to be executed in what can be the state’s first use of the loss of life penalty in practically eight years.
Arizona Attorney General Mark Brnovich’s workplace advised the state’s highest courtroom in a submitting Wednesday that the May 3 psychological competency listening to scheduled in Pinal County for death-row prisoner Clarence Dixon is more likely to delay his May 11 execution for his homicide conviction within the 1977 killing of Arizona State University pupil Deana Bowdoin.
The prosecutors are looking for to throw out the decrease courtroom’s order that concluded protection legal professionals had proven cheap grounds for planning a listening to over whether or not Dixon is psychologically match.
Dixon’s legal professionals have stated their shopper erroneously believes he can be executed as a result of police at Northern Arizona University wrongfully arrested him in a earlier case — a 1985 assault on a 21-year-old pupil. His attorneys concede he was actually lawfully arrested then by Flagstaff police.
Dixon was sentenced to life sentences in that case for sexual assault and different convictions. DNA samples taken whereas he was in jail later linked him to Bowdoin’s killing, which at that time had been unsolved.
His attorneys say Dixon’s incapability to tell apart between actuality and fantasy within the case involving an NAU pupil had began to spill into the case over Bowdoin’s killing.
Dixon had fired his lawyer within the case involving Bowdoin’s loss of life beneath an irrational perception that the DNA proof wasn’t admissible within the homicide case as a result of he erroneously thinks the NAU Police Department wasn’t a authorized entity when it arrested him on the sexual assault fees, his present legal professionals have stated.
Prosecutors advised the state Supreme Court that regardless that Dixon’s attorneys argued their shopper’s deal with the 1985 sexual assault conviction reveals he was incompetent to say no his proper to a lawyer, the courts in rulings after his homicide verdict “discovered that Dixon’s deal with that authorized problem, although untenable, didn’t display an absence of competence.” Jennifer Moreno, one in every of Dixon’s attorneys, didn’t return a message looking for touch upon the state’s bid to name off the competency listening to.
Dixon’s attorneys say placing Dixon to loss of life would violate protections in opposition to executing people who find themselves mentally incompetent. They cited a psychiatrist’s conclusion that their shopper lacks a rational understanding of the explanations for his execution.
Prosecutors stated Dixon’s authorized concept isn’t legally viable, however argued that his makes an attempt to undo his homicide conviction present he has a rational understanding of why the state is looking for his execution.
Defense attorneys say Dixon has been identified with paranoid schizophrenia on a number of events, has commonly skilled hallucinations over the previous 30 years and was discovered “not responsible by purpose of madness” in a 1977 assault case wherein the decision was delivered by then-Maricopa County Superior Court Judge Sandra Day O’Connor, practically 4 years earlier than her appointment to the U.S. Supreme Court. Bowdoin was killed two days after the decision, in response to courtroom data.
Authorities have stated the 21-year-old Bowdoin, who was discovered lifeless in her residence, had been raped, stabbed and strangled. Dixon had been charged with raping Bowdoin, however the cost was later dropped on statute-of-limitation grounds. He was convicted, although, in her loss of life.
The final time Arizona used the loss of life penalty was in July 2014, when Joseph Wood was given 15 doses of a two-drug mixture over two hours in an execution that his legal professionals stated was botched.
States, together with Arizona, have struggled to purchase execution medicine in recent times after U.S. and European pharmaceutical corporations started blocking using their merchandise in deadly injections. Last 12 months, Arizona corrections officers revealed that that they had lastly obtained a deadly injection drug and had been able to resume executions.
In addition to asking the Pinal County courtroom for a psychological health continuing, legal professionals for Dixon have filed two different lawsuits over the previous week.
In one lawsuit, they requested a courtroom to bar the Arizona Board of Executive Clemency from holding his April 28 clemency listening to, arguing the make-up of the board violates a state regulation limiting the variety of folks from the identical career from serving on the board. Three of the board’s 4 present members are retired regulation enforcement professionals, the lawsuit stated.
Dixon’s legal professionals additionally filed a federal lawsuit protesting a number of circumstances of his confinement because the execution warrant was issued and he was moved to a different cell the place he’s noticed across the clock and has restricted entry to non-public property.
As of Friday afternoon, no hearings had been scheduled in both lawsuit.
Arizona has 112 prisoners on loss of life row.