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UPDATE: Purkey Executed, Lawyers Said He Had Dementia

Terre Haute Penitentiary

(Courtesy: Federal Bureau of Prisons)

WFIU/WTIU News Reporter Adam Pinsker is serving as a media witness during this week's federal executions in Terre Haute. You can follow him on Twitter for updates @AdamPinsker

Update, 8:32 a.m.

The United States on Thursday carried out its second federal execution this week, killing by lethal injection a Kansas man whose lawyers contended he had dementia and was unfit to be executed.

Wesley Ira Purkey was put to death at the Federal Correctional Complex in Terre Haute, Indiana. Purkey was convicted of kidnapping and killing a 16-year-old girl before dismembering, burning and dumping her body in a septic pond. He also was convicted in a state court in Kansas after using a claw hammer to kill an 80-year-old woman who had polio.

Purkey expressed remorse right before he was executed.

“I deeply regret the pain and suffering I caused to Jennifer’s family,” he said. “I am deeply sorry. I deeply regret the pain I caused to my daughter, who I love so very much. This sanitized murder really does not serve no purpose whatsoever.”

His time of death was 8:19 a.m. EDT.

The Supreme Court cleared the way for the execution to take place just hours before, ruling in a 5-4 decision. The four liberal justices dissented, like they did for the first case earlier this week.

Justice Sonia Sotomayor wrote that “proceeding with Purkey’s execution now, despite the grave questions and factual findings regarding his mental competency, casts a shroud of constitutional doubt over the most irrevocable of injuries.” She was joined by Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan.

It was the federal government’s second execution after a 17-year hiatus. Another man, Daniel Lewis Lee, was put to death Tuesday after his eleventh hour legal bids failed.

Both executions were delayed into the day after they were scheduled as legal wrangling continued late into the night and into the next morning.

The Justice Department has been questioned for holding the executions in the middle of the worsening coronavirus pandemic, prompting lawsuits over fears those who would travel to the prison could become infected. The decision to resume executions after nearly two decades was criticized as a dangerously political move in an election year, forcing an issue that is not high on the list of American priorities considering the 11% unemployment rate and the pandemic.

Purkey’s lawyers had argued his condition had deteriorated so severely that he didn’t understand why he was being executed. They said he was repeatedly sexually assaulted as a child and had been diagnosed with schizophrenia, bipolar disorder and other mental health conditions.

The issue of Purkey’s mental health arose in the run-up to his 2003 trial and when, after the verdict, jurors had to decide whether he should be put to death in the killing of 16-year-old Jennifer Long in Kansas City, Missouri. Prosecutors said he raped and stabbed her, dismembered her with a chainsaw, burned her and dumped her ashes 200 miles away in a septic pond in Kansas. Purkey was separately convicted and sentenced to life in the beating death of 80-year-old Mary Ruth Bales, of Kansas City, Kansas.

Purkey had a long history of childhood trauma, was sexually abused by family members and a Catholic priest and was beaten by other family members, said Liz Vartkessian, a mitigation specialist who worked with Purkey’s legal team and visited him dozens of times in the last five years.

“His case is replete with instances where he has expressed a deep remorse,” she said in an interview earlier this month.

But recently, Purkey’s mental health had seriously deteriorated to the point he didn’t have the stamina for long visits with his legal team and often forgot key facts and dates, she said.

Correction officers had to help him write down a schedule to remember his visits with his lawyers, she said.

He also had a long history of paranoia and delusions and believed the Justice Department was moving forward with his execution because of many complaints and lawsuits he brought in prison, even though most had failed, Vartkessian said.

The Supreme Court also lifted a hold placed on other executions set for Friday and next month.

Dustin Honken, a drug kingpin from Iowa convicted of killing five people in a scheme to silence former dealers, was scheduled for execution Friday.

Original story, 5:30 a.m.

The Supreme Court early Thursday cleared the way for a second federal execution this week. The vote to allow the execution of Wesley Ira Purkey to go forward was 5-4, with the court’s four liberal members dissenting.

READ MORE: Daniel Lewis Lee Executed In Terre Haute; Attorney Condemns 'Shameful' Circumstances

Justice Sonia Sotomayor wrote that “proceeding with Purkey’s execution now, despite the grave questions and factual findings regarding his mental competency, casts a shroud of constitutional doubt over the most irrevocable of injuries.” She was joined by fellow liberal justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan.

But a lower court put an emergency hold on the execution for one hour as it weighed issues in the case, further delaying what initially had been slated for Wednesday evening at the Federal Correctional Complex in Terre Haute, Indiana.

Purkey was convicted of kidnapping, raping and killing a 16-year-old girl before dismembering, burning and then dumping her body in a septic pond. He also was convicted in a state court in Kansas after using a claw hammer to kill an 80-year-old woman who suffered from polio.

On Tuesday, Daniel Lewis Lee was put to death at the facility after his eleventh hour legal bids failed. It was the first federal execution after a 17-year hiatus.

Lawyers for the 68-year-old Purkey, of Kansas, argued that he has dementia and is unfit to be executed. They said his condition has deteriorated so severely that he didn’t understand why he was being executed. They also said that if Purkey’s execution did not take place Wednesday, the government would need to set a new date. But government lawyers said there was no obstacle to going through with the execution Thursday if the Supreme Court lifted the injunctions.

The issue of Purkey’s mental health arose in the run-up to his 2003 trial and when, after the verdict, jurors had to decide whether he should be put to death in the killing of 16-year-old Jennifer Long in Kansas City, Missouri. Prosecutors said he raped and stabbed her, dismembered her with a chainsaw, burned her and dumped her ashes 200 miles away in a septic pond in Kansas. Purkey was separately convicted and sentenced to life in the beating death of 80-year-old Mary Ruth Bales, of Kansas City, Kansas, who suffered from polio.

This story will be updated. 

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