Robert Bryant Melson - Alabama - 2/18/10

Started by Jeff1857, November 15, 2008, 12:58:30 AM

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fangtasia0413

Since this guy was the shooter he is the more deserving of the dp.  But is it wrong of me to wish it was mammastalkin's hubby was losing his appeal?
I'm a Bill Maher style liberal.  I believe in the death penalty for those who really deserve it, assisted suicide, pro choice, and the legalization of certain drugs.

"I don't know what it is about me that makes people think I want to hear their problems. Maybe I smile too much. Maybe I wear too much pink. But please remember I can rip your throat out if I need to."-Pamela de Beaufort-True Blood

time2prtee

Sweetnina is his boo...LOL! But he is Gay , go figure!
"Indeed, the decision that capital punishment may be the appropriate sanction in extreme cases is an expression of the community's belief that certain crimes are themselves so grievous an affront to humanity that the only adequate response may be the penalty of death."  SCOTUS

Peace and Comfort to all Victims and Families

fangtasia0413

Talk about the ultimate unattainable!  Is he like the Dixie Mafia associate, Kirksey Nix who had a scam going on with lonely hearts letters to gay dudes, only with Chuckie its with hetero females?  ;D
I'm a Bill Maher style liberal.  I believe in the death penalty for those who really deserve it, assisted suicide, pro choice, and the legalization of certain drugs.

"I don't know what it is about me that makes people think I want to hear their problems. Maybe I smile too much. Maybe I wear too much pink. But please remember I can rip your throat out if I need to."-Pamela de Beaufort-True Blood

Grinning Grim Reaper

Tommy Arthur's 8th execution date set; one set for Death Row inmate Robert Melson too

 The Alabama Supreme Court has set execution dates two weeks apart for convicted killers Tommy Arthur and Robert Melson.

 For Arthur, May 25 will be his eighth date with an executioner at Holman Correctional Facility in Atmore. Melson is to be executed June 8, according to another Alabama Supreme Court order.

 The orders were issued Tuesday but were served on the inmates Wednesday.

 Arthur's previous seven execution dates have been stayed by appeals courts. His last execution was delayed throughout the night of Nov. 3 - past the appointed hour - by the U.S. Supreme Court before justices finally stayed it to consider whether they would review two appeals by Arthur.

 Arthur, 75, was asked about his eighth execution being set by an AL.com reporter on Wednesday. "It's absurd. There shouldn't have been a first one," he said.

 Arthur was sentenced to death for the 1982 murder-for-hire shooting death of Troy Wicker. Juries at three trials convicted Arthur on charges that Wicker's wife hired him to kill Wicker. Arthur had a romantic relationship with Wicker's wife, according to testimony at his trial.

 Arthur denies he is guilty.

Melson

 Melson, who has been on death row since May 16, 1996, was convicted in Etowah County, along with another man, Cuhuatemoc Peraita, in the shooting deaths of Tamika Collins, 18, Nathaniel Baker, 17, and Darrell Collier, 23, during the April 1994 robbery at a Popeye's Chicken & Biscuits restaurant in Gadsden.

 The lone survivor, Bryant Archer, was shot four times. Archer identified Melson as the one who fired the shots. Prosecutors said Peraita planned the crime.

 Peraita was sentenced to life in prison but joined Melson on Death Row in 2001 after he was convicted of taking part in the 1999 stabbing death of fellow Holman Prison inmate Quincy Lewis.

 Seven of the eight justices concurred in setting an execution date for Melson. Justice Tom Parker recused himself from voting on that order.

 The Alabama Attorney General's Office in February had asked the Alabama Supreme Court to set a new execution date after Arthur lost the two appeals before the U.S. Supreme Court. The Attorney General made the request the day after Arthur had lost the second appeal.

 The Attorney General's Office also asked the Alabama Supreme Court to expedite the request for a new execution date and consider putting it ahead of an earlier request to set an execution date for Melson.

 "For thirty-four years, since his February 1983 conviction of the capital murder of Troy Wicker, Arthur has engaged in nearly constant litigation in every state and federal court available to him, and he has thoroughly exhausted his appeals at every level," the Attorney General stated in its motion. "Arthur has successfully manipulated the state and federal courts with meritless litigation to avoid his execution date seven times."

 Six justices agreed to set the execution date, Justice Glenn Murdock dissented, and Justice Kelli Wise recused herself from the vote.

 Justice Michael Bolin issued a special opinion favoring the setting of another execution date for Arthur.

 Bolin stated that Arthur was convicted of second-degree murder in 1977 for killing the sister of his common-law wife by shooting her in the right eye. Then while out on work release from that crime, Arthur killed his girlfriend's husband, Wicker, also by shooting him in the right eye.

 Bolin noted Arthur's unsuccessful legal challenges to Alabama's lethal injection law since 2007.

 "The citizens of the State of Alabama, through their elected representatives, long ago stated their policy, both definite and clear, that certain acts committed by individuals disqualified them from continuing their lives in a civilized society and that the ultimate price must be paid for the commission of those acts," Bolin wrote.

 Bolin also stated that Arthur has continued to use the courts "as pawns challenging the manner of his execution."

 "I recognize that it is not the mandate of this Court, nor is it even possible for this Court, to bring 'closure,' as that term is commonly used, to Troy Wicker's family and friends at this late date," Bolin wrote. "However, this Court, and the American criminal justice system, can bring "legal" closure and finality when Arthur has had the full benefit of the protections of the United States Constitution and the Alabama Constitution."

 "May God have mercy on both Thomas Douglas Arthur and those from whom the victim, Troy Wicker, was so brutally taken," Bolin wrote.

 Two executions in two weeks isn't a record and no where near the 8 planned by Arkansas this month. Arkansas hasn't had an execution since 2005. But the state recently announced it had a new supply of a lethal injection drug that expired earlier this year, clearing the way for four double executions.

 Alabama had two executions in 2016.

www.al.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

Death row inmate set to die in June challenges midazolam ruling

 An Alabama Death Row inmate has asked a federal appeals court to block his execution for the slayings of three people 23 years ago.

 Robert Melson, 45, is set to die by lethal injection on June 8. His attorney, John Palombi with the Federal Defenders for the Middle District of Alabama, filed a motion last week in the 11th District Court of Appeals asking for the execution to be stayed until a judge can review and rule on Melson's appeal.

 A lower court previously dismissed Melson's challenge to Alabama's three-drug lethal injection method of execution because the motion was filed past the deadline, court records show. His appeal to the 11th Circuit states that the court should conduct a hearing on Melson's method of execution challenge, and delay the execution until those issues are resolved.

 Melson was convicted in Etowah County for fatally shooting three people, and injuring another, at a Gadsden Popeye's Chicken & Biscuits restaurant in April 1994. He has been on death row since May 1996.

 Another man, Cuhuatemoc Peraita, was also convicted in the crime. Peraita was originally sentenced to life in prison but was moved to Alabama's Death Row after his conviction for his role in stabbing another inmate to death in 2001.

 Employees Tamika Collins, 18, Nathaniel Baker, 17, and Darrell Collier, 23, were killed in the shooting. Bryant Archer was the only survivor and identified Melson as the shooter. Prosecutors said Peraita planned the crime.

 Melson's previous two appeals were denied. He has exhausted his direct appeal, state postconviction remedies, and federal habeas remedies, the Alabama Attorney General's Office previously stated.

 Court documents filed in Melson's case argue the switch to midazolam from pentobarbital has caused a "method of execution that has failed to work properly in four states, including Alabama."

 The documents state the district court that denied Melson's case on the midazolam switch must hold a trial on the issues raised in his motion. It continues, "Mr. Melson's execution should be stayed pending the resolution of his and the other challenge to Alabama's method of execution."

 The filing seeking a halt to the execution states a list of reasons why the stay should be granted: Melson meets the standard for being granted a stay, would likely be successful on appeal, his motion should not have been dismissed in the lower courts, Melson is not required to suggest a three-drug alternative method of execution, and he will suffer "irreparable harm" if a stay is not granted.

 The document also states Melson's attorneys should be able to use either cell phones or landline phones during the time of his execution, should something go wrong. According to court documents, prohibiting phones in the prison and witness rooms violates Melson's "right to access to the courts."

 Former Death Row inmate Tommy Arthur raised similar claims about phones and method of execution in his appeals, but courts - including the U.S. Supreme Court - denied his motions. He was executed on May 25.

 The Attorney General's Office stated in its Jan. 18 motion to the Alabama Supreme Court, "Melson committed his horrific crime many years ago, and his conventional appeals have been completed for several years."

 The office declined to comment on the newest motion.

www.al.com

Hey ambulance chaser, ask Tommy Arthur how the midazolam worked...oh you can't he's dead8)
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

Alabama death row inmate Robert Melson granted stay of execution by federal appeals court

 A federal appeals court granted a stay of execution Friday for Robert Melson, who was scheduled to be put to death Thursday for the shootings of three fast food employees at a Popeye's in Etowah County in 1994.

 Melson is challenging his execution on grounds that the three-drug cocktail Alabama uses for lethal injections "has failed to work properly."

 The 11th Circuit Court of Appeals issued the stay so it can rule on Melson's challenge, which is also being appealed by four other death row inmates.

 "To enable us to process these consolidated appeals in an orderly fashion, we grant Melson's application for a stay," the court said in its ruling. "His execution is accordingly stayed pending our resolution of these appeals."

 Melson's attorney, John Palombi, said in a statement sent to AL.com that he was "pleased with the ruling.

 "This allows the court to take time deciding the important issues surrounding Alabama's execution protocol, particularly whether the present protocol violates the Constitution," he said.

 Alabama Attorney General Steve Marshall's office could not immediately be reached for comment.

 Melson has been on death row since May 1996. He was convicted along with Cuhuatemoc Peraita in the shooting deaths of fast-food employees Tamika Collins, 18, Nathaniel Baker, 17, and Darrell Collier, 23, during a robbery of a Gadsden's Popeye's restaurant. A fourth person, Bryant Archer, was shot four times but survived; Archer identified Melson as the shooter in the incident.

www.google.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

Alabama asks US Supreme Court to let execution proceed

 MONTGOMERY, Ala. -- Alabama's attorney general on Monday asked the U.S. Supreme Court to let an execution proceed this week, arguing that questions about a lethal injection drug have been settled by the courts.

 Attorney General Steve Marshall's office asked the justices to let the state proceed with Thursday's scheduled execution of Robert Melson who was convicted of killing three Gadsden restaurant employees during a 1994 robbery.

 The 11th U.S. Circuit Court of Appeals last week granted a stay as it considers appeals from Melson and other inmates who contend that a sedative used by Alabama called midazolam will not render them unconscious before other drugs stop their lungs and heart. The state argues there was no reason to grant the stay since midazolam's use in lethal injections has been upheld by the high court, and the court has let executions proceed using midazolam in Alabama and Arkansas.

 "Alabama has already carried out three executions using this protocol, including one less than two weeks ago in which this court, and the Eleventh Circuit, denied a stay," lawyers with the attorney general's office wrote in the motion

 "If the stay is allowed to stand, Melson's execution will be delayed many months, if not years. The State, the victims' families, and the surviving victim in this case have waited long enough for justice to be delivered. This Court should vacate the lower court's stay," attorneys for the state wrote.

 Melson is one of several inmates who filed lawsuits, which were consolidated, arguing that the state's execution method is unconstitutional. A federal judge in March dismissed the lawsuits, and the inmates appealed to the 11th Circuit saying the judge dismissed their claims prematurely.

 A three-judge panel of 11th Circuit judges did not indicate whether they thought the inmates would succeed in their appeals. Rather, the judges wrote Friday that they were staying Melson's execution to avoid the "untenable" prejudging of the inmates' cases.

 Midazolam is supposed to prevent an inmate from feeling pain, but several executions in which inmates lurched or moved have raised questions about its use. An Arkansas inmate in April lurched about 20 times during a lethal injection. Melson's lawyers wrote in a Friday motion that Alabama "botched" a December execution in which inmate Ronald Bert Smith coughed and moved for the first 13 minutes.

 "Mr. Smith's botched execution supports the argument that midazolam is a vastly different drug than pentobarbital. It does not anesthetize the condemned inmate, and because it does not anesthetize, defendants' use of potassium chloride is unconstitutional," Melson's attorneys wrote last week.

 Alabama last month executed inmate Tommy Arthur using the same drug combination. Arthur did not cough or lurch like Smith.

www.al.com

SCOTUS should overturn this decision...the same appeal by Arthur they denied.
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Observer

TUESDAY, JUNE 6, 2017
ORDER IN PENDING CASE
16A1200 DUNN, COMM'R, AL DOC, ET AL. V. MELSON, ROBERT B.
The application to vacate the stay of execution of sentence
of death entered by the United States Court of Appeals for the
Eleventh Circuit on June 2, 2017, presented to Justice Thomas and
by him referred to the Court, is granted.
Justice Ginsburg, Justice Breyer, and Justice Sotomayor would deny the application to vacate the stay of execution.

Observer

Bryant Archer remembers the dollar amount two robbers put on his life and the lives of his three co-workers 23 years ago. "For $2,100, they killed three people and shot me five times," Archer says.
Now, he and others are awaiting the Thursday execution of Robert Bryant Melson -- the man convicted of firing the shots that wounded Archer and killed Nathaniel Baker, Tamika Collins and Darrell Collier.
The U.S. Supreme Court on Tuesday night cleared the way for the execution after lifting a stay of it issued last week by the U.S. 11th Circuit Court of Appeals.
Archer says he considers himself a survivor -- not a victim -- of the April 1994 shooting at a Gadsden Popeyes restaurant. Archer was just 17 when two men, Melson and Cuhuatemoc Peraita, robbed the store.
On the night of April 15, 1994, Archer says he was taking out the trash just after 11:30 p.m. when he saw his co-worker, Baker, 17, being led through the store by Peraita, another employee who wasn't working that night. Archer says Peraita was behind Baker holding a red gym bag. Another man, later identified as Melson, followed behind with a gun. Archer, Baker and two other employees -- Collins, 18, and Collier, 23 -- were led into the restaurant's office. There, Archer says the men got money out of the safe, later totaled to about $2,100. Melson and Peraita then led the four employees into the freezer.
"I was the first one in, and the other three were behind me. The door shut and I thought they were running off, so I sat down. That's when the door opened and I saw the first blast," Archer says. He saw his three co-workers drop to the ground before he was shot five times in the arm, shoulder, neck and face. "I could see what was going on, but it kind of went to a blur. I could still see but I couldn't move anymore," he says. After the two men, who were wearing bandannas, left the store, Archer was able to stand up and walk over his coworkers to the office and call 911. He laid on the floor there, and stuck his feet out of the doorway so police would know where he was. "I didn't know how badly injured I was. My adrenaline was just up," he says.
Sentenced to death
Melson, now 46, was convicted of capital murder, attempted murder, and robbery in 1996 and was sent to Alabama's Death Row at Holman Correctional Facility in Atmore. Peraita was originally sentenced to life in prison, but was moved to death row in 2001 after fatally stabbing another Holman inmate.
In April, the Alabama Supreme Court scheduled Melson's execution date for 6 p.m. Thursday. Last week, the 11th U.S. Circuit Court of Appeals granted Melson a temporary stay so it can rule on his challenge of the state's three-drug execution method, which is also being appealed by four other death row inmates.
Alabama Attorney General Steve Marshall on Monday asked the U.S. Supreme Court to overrule the appeals court and reinstate Thursday's planned execution. Melson is challenging his execution on grounds the three-drug cocktail Alabama uses for lethal injections "has failed to work properly," documents claim. On Tuesday, Melson's attorneys responded to the Supreme Court that the stay blocking the execution should remain in place. "This Court has refused to vacate stays in previous cases from the Eleventh Circuit in the past, and in doing so showed respect and deference to the Court of Appeals' management of its own docket," Melson's attorneys wrote in Tuesday's response.
Melson and the other inmates argue the first drug administered in the cocktail, the sedative midazolam, doesn't work well enough to prevent the inmates from experiencing the pain caused by the other two drugs that halt breathing and stop the heart. The AG's filing also states the U.S. Supreme Court denied the stay requests of four Arkansas inmates who were executed using the same drug protocol as Alabama.
Alabama has already carried out three executions using the protocol, including the May 25 execution of Tommy Arthur in which the 11th Circuit denied a stay. Two other Alabama inmates who were executed -- Ronald Bert Smith and Christopher Brooks -- also were co-plaintiffs in the case with Melson. Court documents filed in Melson's case argue the state's switch to midazolam from pentobarbital during executions has caused a "method of execution that has failed to work properly in four states, including Alabama."
During Smith's Dec. 8 execution, he heaved, coughed and gasped for breath for about 13 minutes after apparently being administered midazolam. At times his left eye also appeared to be slightly open. He underwent two consciousness tests to make sure he couldn't feel pain before the execution continued. Smith's attorneys called it "botched," but Alabama Prison Commissioner Jeff Dunn said Smith's execution went as outlined in the prison system's execution protocol.
Arthur's execution was delayed by more than four hours when the U.S. Supreme Court ordered a temporary stay to consider his appeal challenging the use of midazolam. The High Court eventually lifted the stay.
Melson's previous two appeals were denied. He has exhausted his direct appeal, state post-conviction remedies and federal habeas remedies. No execution date has been set for Peraita.
'My body is breaking down'
After the Popeye's shooting, Archer was taken to a local hospital and sedated for several days. He later found out his three coworkers had died. Archer has numerous health issues that stemmed from the shooting, leaving him unable to work full-time. "I've had so many surgeries I couldn't even tell you," he said. "My body is breaking down. I can't do the things I could even do five years ago." He also suffers from post-traumatic stress disorder. For Archer, the date of the execution is not important. "To me, they're already dead. I've already said my peace," he said. "It's not going to affect me either way."
Archer, his wife and children planned a June vacation last year, before they knew the trip fell on the day Melson was set for execution. "That's another way God said, 'Hey, get out of town,' " he said. "He has to have to live every day with knowing what he did ... 23 hours a day in a cell. That's his punishment," Archer said. Archer said he believes Melson and Peraita should be executed, because they would hurt someone else if they were in prison or eventually freed.
When asked about his former coworkers, Archer said he and Baker attended high school together and had English class together. They often disrupted class and were sent out of the classroom, which they enjoyed. Tamika Collins, an assistant manager at Popeyes, was "always serious," strong and dedicated to her job, Archer said. The general manager, Darrell Collier, was working his first shift at the Gadsden Popeyes on the night he was killed. Archer said Collier had previously worked at another Popeyes.
Archer doesn't keep in regular contact with the other victims' families

Grinning Grim Reaper

U.S. Supreme Court lifts Alabama inmate's stay of execution

 The U.S. Supreme Court Tuesday night lifted an Alabama inmate's stay of execution, which could lead to the state's second use of its death chamber in two weeks.

 The nation's high court did not give a reason why it overturned the stay given to Robert Melson by the U.S. 11th Circuit Court of Appeals Friday. Melson was convicted of the murder of three workers during a 1994 robbery of a Gadsden restaurant. The three-judge panel wrote in an opinion that allowing the execution to proceed would prejudge a lawsuit brought by Melson and other inmates challenging Alabama's execution methods.

 Justices Stephen Breyer; Ruth Bader Ginsburg and Sonia Sotomayor wrote that they would have kept the stay in place.

 The high court's decision sends the case back to the 11th Circuit for further consideration. The state plans to put Melson to death on Thursday.

 In an emergency petition to the U.S. Supreme Court Tuesday, the Alabama attorney general's office said the 11th Circuit's stay was improper, writing that time had run out to raise two claims - challenging a consciousness test employed during an execution and a ban on cell phone use by his attorneys during the execution. The attorneys also argued that the plaintiffs' challenge to the use of midazolam - a sedative that has been present in several botched executions since 2014 - was a challenge not to the drug's use but Alabama's method of lethal injection, which was also time-barred.

 Attorneys for the office also argued that the three-judge panel failed to consider whether Melson's suit was likely to succeed, a key element for granting a stay.

"The court failed to cite to any decision from this Court holding that an inmate is entitled to a stay of execution as a matter of course because his co-appellants' appeals are pending," the state wrote. "To the contrary, there is no basis for such a decision, and in fact, this Court has held that an inmate is not entitled to a stay of execution as a matter of right to file a petition for certiorari even in this court."

A U.S. District Court earlier this year dismissed the plaintiffs' case. Melson's attorneys argued in their response brief Tuesday the 11th Circuit's decision to stay the execution was a response to that court's decision, which they said failed to make findings that would allow a proper dismissal of the case and misinterpreted U.S. Supreme Court rulings on how prisoners may challenge their execution methods.

 The stay, they argued, "maintains the status quo, which is the traditional function of a stay."

 "The State created the exigency that required the Court of Appeals to enter a stay by insisting on seeking an execution date for Mr. Melson while his challenge to Alabama's method of execution was pending in district court," the filing stated.

 Alabama has carried out three executions since January of 2016. Legal battles have raged in the court through the day of execution, almost up to the midnight hour when death warrants expire. The execution of Thomas Arthur last month began with less than an hour left on his death warrant.

 The state has used midazolam in all three executions. The drug is a sedative aimed at rendering an inmate unconscious before staff injects the inmate with drugs that paralyze the muscles and stop the heart. The executions of Arthur and Christopher Brooks, who was put to death last year, both used midazolam without apparent incident.

 But Ronald Bert Smith, executed last December, gasped and coughed for 13 of the 34 minutes of his execution. Smith's attorneys sharply criticized the execution, saying Smith was never properly anesthesized. The Alabama Department of Corrections, which conducts executions, said at the time there was "no observational evidence" that Smith suffered.

 The short timespan between scheduled executions in the state is unusual, but not unprecedented. The state executed Thomas Whisenhant and John Parker by lethal injection in 2010, within two weeks of each other. Willie Clisby Jr. and Varnell Weeks died in the electric chair in 1995, the executions also taking place two weeks apart.

 The status of the state's midazolam supply is unknown. The drug has a three-year shelf life, and Arkansas scheduled several executions in April because its supply was about to expire. Alabama announced in September 2014 that it would use midazolam in executions, after its supply of pentobarbital, the drug previously used as the lethal injection sedative, ran out.

www.montgomeryadvertiser.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

Melson's appeals were denied today by both the Alabama Supreme Court and 11th Circuit.

This guy is as good as dead.  8)
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Observer

ATMORE, Ala. -- A man convicted of killing three people during the 1994 robbery of an Alabama fast-food restaurant was put to death Thursday by lethal injection.

Robert Melson, 46, was pronounced dead at 10:27 p.m. CDT Thursday at a southwest Alabama prison, authorities said. The execution was the state's second of the year.

State prosecutors said Melson and another man who used to work at the restaurant, robbed a Popeye's in Gadsden, 60 miles northeast of Birmingham, and Melson opened fire on four employees in the restaurant's freezer. Nathaniel Baker, Tamika Collins and Darrell Collier were killed. The surviving employee, Bryant Archer, crawled for help and was able to identify one of the robbers as the former worker which led police to Melson.

Collins' family members wore a badge with her photograph and the phrase "In Our Hearts Forever." Her family issued a statement saying that three young people lost their lives for "a few hundred dollars" and criticized court filings on behalf of Melson that challenged the state's execution procedure as inhumane. Collins' mother and two sisters witnessed the execution.

Supreme Court upholds use of execution drug
 
"He has been on death row for over 21 years being supported by the state of Alabama and feels he should not suffer a little pain during the execution. What does he think those three people suffered after he shot them, leaving them in a freezer?" the statement said.

Melson shook his head no when the prison warden asked if he had a final statement. A prison chaplain knelt with him. Melson's hands quivered at the start of the procedure and his breathing was labored, with his chest moving up and down quickly, before slowing until it was no longer perceptible.

Melson's attorneys had filed a flurry of last-minute appeals seeking to stay the execution. The filings centered on Alabama's use of the sedative midazolam which some states have turned to as other lethal injection drugs became difficult to obtain.

The U.S. Supreme Court temporarily delayed the execution to consider Melson's stay request, but ruled after 9 p.m. that the execution could go forward.

Midazolam is supposed to prevent inmates from feeling pain before other drugs are given to stop their lungs and heart, but several executions in which inmates lurched or coughed have raised questions about its use. An inmate in Alabama coughed and heaved for the first 13 minutes of an execution held in December.

Melson's attorney argued that midazolam does not anesthetize an inmate, but they might look still, because a second drug, a paralytic, prevents them from moving.

"Alabama's execution protocol is an illusion. It creates the illusion of a peaceful death when in truth, it is anything but," Melson's attorneys wrote in the filing to the Alabama Supreme Court.

The Alabama attorney general's office argued midazolam's use has been upheld by the U.S. Supreme Court and it has allowed multiple executions to proceed using the drug, including the execution of an Alabama inmate last month.

"Robert Melson's decades-long avoidance of justice is over. For twenty-three years, the families of the three young people whose lives he took, as well as a survivor, have waited for closure and healing. That process can finally begin tonight," Attorney General Steve Marshall said in a statement after the execution.

Grinning Grim Reaper

Last Words and such...

Melson shook his head no when the prison warden asked if he had a final statement.

He refused a last meal as well.

Factoids...

Melson was the 2nd condemned murderer executed in Alabama this year and the 60th since executions resumed.
His was the 13th 2017 US execution and the 1455th since executions resumed.

The skinny...

Melson received an extra 4 hours with an appeal to SCOTUS...when this was turned away Alabama smoked him at 10:27 pm.

Up next...

William Charles Morva is set to be executed in Virginia on July 6, 2017 for the 2006 murders of Derrick McFarland and police officer Eric Sutphin.
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

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