HUNTSVILLE, Texas – A 66-year-old Texas death row inmate that is known to four slaughter and at least nine rapes is set for lethal injection Wednesday evening in the midst of the concerns of lawyers who have multiple health problems make it likely his execution will be botched and for him unconstitutional pain.
No one disputes Danny Paul Bible, the blame for a Houston woman he killed almost 40 years ago, that went unsolved for two decades before a jury convicted him and sentenced him to death. But instead of a lethal injection, Bible-lawyers suggested he be rolled up in his wheelchair in front of a firing squad or be administered nitrogen gas to cut off oxygen to the brain, until he stops breathing. His deteriorating health left his veins unsuitable for IVs are placed by Texas prison technicians perform a lethal dose of pentobarbital, the prisoner of the lawyers argued.
If one of those alternatives was not possible — and prosecutors also said was — Bible-lawyers urging his punishment to be stopped.
“He has some medical problems worse and worse,” Margaret Schmucker, one of the Bible’s attorneys, said Tuesday. “They are not able to find a vein.”
Bible appeal went to the Supreme court of the V. S. after the 5th U.S. Circuit Court of Appeals on Tuesday refused his civil rights lawsuit that a stay of execution, temporary restraining order and injunction.
The lawsuit was “a meritless tactic” to delay “deserved execution,” Assistant Texas Attorney General, Stephen Hoffman said in a court filing.
It would be the seventh execution this year in Texas, the most active death penalty state, and the 12th nationally.
Lethal injection is the only execution method allowed in Texas, and the change that would require the approval of the Legislative power of the state, which is not scheduled to meet again until next year.
A handful of death penalty states show nitrogen hypoxia, although the method has not been used yet. Three Utah prisoners were executed by a firing squad, the most recent in 2010. Utah now has the possibility that the method, if resources for implementation are available.
Bible lawyers asked for a postponement of execution, a restraining order and an injunction to block his execution, arguing Bible had no suitable place on his body for IVs and severe tremors accompanying his Parkinson’s disease would complicate the insertion of needles. They also warned of a problematic execution in the past few years in Ohio and Alabama.
Hoffman pointed out IVs have been used recently to draw blood from the Bible as part of his medical care.
Bible, a drifter with a record of violence in the different member states, was arrested in Fort Myers, Florida, in 1999 for Louisiana rape. He told detectives in West Baton Rouge, Louisiana, about four Texas murders, including a 4-month-old boy, and at least nine rapes, five of them northeast of Houston in San Jacinto County.
The four slaughter included Inez Deaton, 20, whose 1979 murder in Houston was not resolved. Deaton, a friend of the Bible nephew, was found on the banks of a Houston bayou and had raped and fatal with an ice pick. A jury in 2003 decided he should die.
The three other murders, all in North Texas on the same day in May 1983, included Bible sister-in-law, Tracy Powers, her 4-month-old son, Justin, Parker County, and her roommate, Pam Hudgins, in Palo Pinto County. He pleaded guilty to Hudgins’ death and was sentenced to 25 years in prison, served seven, and was released to Montana in 1992 on a form of parole known as mandatory supervision.
During his trial for Deaton of the dead”, Harris County prosecutors presented evidence of robbery, thefts, assaults, and kidnappings, including the rape of an 11-year-old girl in Montana and his confessions repeated sexual assault of young nieces from 1996 to 1998.
“Some criminals’ actions are so heinous, they deserve the label ‘worst of the worst,'” Harris County District Attorney Kim Ogg said.