Private Ronald Gray - US Military - 12/10/08

[RevKev]

July 28, 2008, 6:29PM
In rare move, Bush OKs execution of an Army private
White House says four murders and eight rapes in the 1980s warrant sentence


By DEB RIECHMANN
Associated Press

WASHINGTON — President Bush on Monday approved the execution of an Army private, the first time in over a half-century that a president has affirmed a death sentence for a member of the U.S. military.

With his signature from the Oval Office, Bush said yes to the military's request to execute Ronald A. Gray, the White House confirmed. Gray had had been convicted in connection with a spree of four murders and eight rapes in the Fayetteville, N.C., area over eight months in the late 1980s while stationed at Fort Bragg.

"While approving a sentence of death for a member of our armed services is a serious and difficult decision for a commander in chief, the president believes the facts of this case leave no doubt that the sentence is just and warranted," White House press secretary Dana Perino said.

In the military courts, "Private Gray was convicted of committing brutal crimes, including two murders, an attempted murder and three rapes. The victims included a civilian and two members of the Army. ... The president's thoughts and prayers are with the victims of these heinous crimes and their families and all others affected."

Unlike in the civilian courts, a member of the U.S. armed forces cannot be executed until the president approves the death sentence. Gray has been on death row at the U.S. Disciplinary Barracks at Fort Leavenworth, Kan., since April 1988.

Members of the U.S. military have been executed throughout history, but just 10 have been executed by presidential approval since 1951 when the Uniform Code of Military Justice, the military's modern-day legal system, was enacted into law.

President Kennedy was the last president to stare down this life-or-death decision. On Feb. 12, 1962, Kennedy commuted the death sentence of Jimmie Henderson, a Navy seaman, to confinement for life.

President Eisenhower was the last president to approve a military execution. In 1957, he approved the execution of John Bennett, an Army private convicted of raping and attempting to kill an 11-year-old Austrian girl. He was hanged in 1961.

The death penalty was outlawed between 1972 and 1984, when President Reagan reinstated it.

Gray was held responsible for the crimes committed between April 1986 and January 1987 in both the civilian and military justice systems.

In civilian courts in North Carolina, Gray pleaded guilty to two murders and five rapes and was sentenced to three consecutive and five concurrent life terms.

He then was tried by general court-martial at the Army's Fort Bragg. In April 1988, the court-martial convicted Gray of two murders, an attempted murder and three rapes. He was unanimously sentenced to death.

The court-martial panel convicted Gray of:

—Raping and killing Army Pvt. Laura Lee Vickery-Clay of Fayetteville on Dec. 15, 1986. She was shot four times with a .22-caliber pistol that Gray confessed to stealing. She suffered blunt force trauma over much of her body.

—Raping and killing Kimberly Ann Ruggles, a civilian cab driver in Fayetteville. She was bound, gagged, stabbed repeatedly, and had bruises and lacerations on her face. Her body was found on the base.

—Raping, robbing and attempting to kill Army Pvt. Mary Ann Lang Nameth in her barracks at Fort Bragg on Jan. 3, 1987. She testified against Gray during the court-martial and identified him as her assailant. Gray raped her and stabbed her several times in the neck and side. Nameth suffered a laceration of the trachea and a collapsed or punctured lung.

The six-member court-martial panel returned its unanimous verdict after about two hours of deliberations. The panel also reduced Gray from Spec. 4 to private, forfeited all his pay and ordered him to be dishonorably discharged from the Army.

Gray has appealed his case through the Army Court of Criminal Appeals (then known as the U.S. Army Court of Military Review) and the Court of Appeals for the Armed Services. In 2001, the Supreme Court declined to hear the case.

Bush got the secretary of the Army's recommendation to approve Gray's death sentence in late 2005. Since then, it's been under review by the Bush administration, including the White House legal counsel.

Complicating the administration's deliberation was a case under review this year by the Supreme Court.

The court ruled in April to uphold the most common method of capital punishment used across the United States. The justices said the three-drug mix of lethal-injection drugs used by Kentucky and most other states does not constitute cruel and unusual punishment. The ruling in the case of Baze v. Rees cleared the way for a resumption of executions nationwide.

It was unclear where Gray would be executed. Military executions are handled by the Federal Bureau of Prisons.

Bush's decision, however, is not likely the end of Gray's legal battle. Further litigation is expected and these types of death sentence appeals often take years to resolve.

The military also has asked Bush to authorize the execution of Dwight J. Loving, who has been at Fort Leavenworth, Kan., since 1989 after being convicted of killing two taxicab drivers while he was an Army private at Fort Hood, Texas. But that request is not yet ripe for a presidential decision. The White House declined to discuss the case.

[hansenka]

I applaud the Military for sending this request to President Bush and applaud President Bush for approving it.  I just retired Aug 07 after 20 years in the Navy.  As members of the Armed Forces, we agree to defend the consitution and our country.  My preception of that is also to defend and protect citizens of the United States, not kill them.  Why military members who have been sentenced to death spend so much time at Leavenworth is beyond me.  They should be the first to die!!!!

[Jacques]

Pam, Jeff... you can report something about the case Ronald Gray in the USA?

[Jeff1857]

Of course as long as you paste the link. Did he get a date?

[Michael]

He has no date - you can find additional info on the board and there

http://ap.google.com/article/ALeqM5ggP77qC4esV3XpNNgJq25XW25f0QD927G0984

Michael

[Jacques]

Thank you Michael, thanks Jeff

[tpgisgay]

http://www.google.com/hostednews/ap/article/ALeqM5j5GAUkcdh0ge-8KRXP6X44ADYJXQD94IUC604

TOPEKA, Kan. (AP) — A former Army cook convicted of multiple rapes and murders is set to die next month in what would be the U.S. military's first execution in nearly 50 years.

The military said Thursday that former North Carolina soldier Ronald A. Gray is to be executed Dec. 10 at the federal prison complex in Terre Haute, Ind.

Gray was arrested in connection with four slayings and eight rapes in the Fayetteville, N.C., area between April 1986 and January 1987, while he was stationed at Fort Bragg. He was convicted of murdering two women.

President Bush approved Gray's execution in July, and a month later Army Secretary Pete Geren set the execution date and ordered that Gray be put to death by injection. The date was publicly released Thursday.

"The Army is moving forward with plans to fulfill the court-martial sentence," said Army spokesman Lt. Col. George Wright.

Gray has appealed his case through military courts and the U.S. Supreme Court, which declined to hear the case in 2001. Wright said Gray had two legal options remaining: filing a petition with a federal appellate court to stay the execution, or request that the president reconsider approval of the execution.

Army personnel will be responsible for conducting the execution in Indiana based on an agreement with the U.S. Bureau of Prisons.

Only 10 members of the military have been executed since 1951, when the Uniform Code of Military Justice, the military's modern-day legal system, was enacted.

President Eisenhower was the last president to approve a military execution. That was for John Bennett, who was hanged in 1961 for raping and attempting to kill an 11-year-old Austrian girl.

On Feb. 12, 1962, President Kennedy commuted the death sentence of Jimmy Henderson, a Navy seaman, to confinement for life.

Gray, 43, is being confined at the U.S. Disciplinary Barracks at Fort Leavenworth. He was convicted by a six-member court-martial panel for:

_ Raping and killing Army Pvt. Laura Lee Vickery-Clay of Fayetteville on Dec. 15, 1986. She was shot four times with a .22-caliber pistol that Gray confessed to stealing. She also suffered blunt force trauma over much of her body.

_Raping and killing Kimberly Ann Ruggles, a civilian cab driver in Fayetteville. She was bound, gagged, stabbed repeatedly and had bruises and lacerations on her face. Her body was found on the base.

_Raping, robbing and attempting to kill an Army private in her barracks at Fort Bragg on Jan. 3, 1987. The victim testified against Gray and identified him as her assailant. Gray raped her and stabbed her several times in the neck and side.

Wright said there are four other members of the military — two soldiers, a Marine and one Air Force airman — under sentence of death.

I have a feeling the antis are going to be all over this one.

[JT]

Wow, indeed.  The last time somebody was executed by the U.S. Military, hanging was still the method...

I'm guessing this execution will be at Fort Leavenworth in Kansas?  If so, it will be the first execution in KS in 45 years.

I just hope he doesn't get a stay.  I have the feeling that if he does, the date will not be reset until after January 20th, 2009.  And if that is the case, I seriously doubt that President Obama will allow it to proceed.  And, conversely, I actually think President Bush is allowing this execution to proceed because he knows it will be the last ever execution under his watch.  After 153 executions as Governor of Texas and 3 federal executions as President, he is going to top it off with one as Commander-in-Chief of the U.S. Military.

[tpgisgay]

JT, all federal executions take place at USP Terre Haute. Apparently they are early morning executions as well.

[JT]

Correct, they do.

But this is not a federal execution.  It is a U.S. Military execution.  Two different laws; two different death rows; two different prisons.  It is just that Bush is the chief executive of both the Federal Government and the Military.

The military death row is at Fort Leavenworth in Kansas.  They have an execution chamber in the basement, I believe, which is as yet unused.

[63Wildcat]

I applaud the Military for sending this request to President Bush and applaud President Bush for approving it.  I just retired Aug 07 after 20 years in the Navy.  As members of the Armed Forces, we agree to defend the consitution and our country.  My preception of that is also to defend and protect citizens of the United States, not kill them.  Why military members who have been sentenced to death spend so much time at Leavenworth is beyond me.  They should be the first to die!!!!

Agreed..after 24 yrs in the Army (as of 01 Jun 08) there is absolutely no place for these types of actions in the military. Justice should be swift in every case. I'm sure that you (Hanseka) have seen our military lose discipline and respect for those that are supposed to obey and those that they serve.


A Little bit more information courtesy of the DPIC website.


Number of Executions  135 people have been executed by the Army since 1916 (Source: National Law Journal, 4/5/99) 
Date of last military execution  On April 13, 1961, U.S. Army Private John A. Bennett was hanged after being convicted of rape and attempted murder. (R. Serrano, "Last Soldier to Die at Levenworth Hanged in an April Storm," Los Angeles Times, 7/12/94). 
Minimum Age to Receive the Death Penalty  18 years
Method of Execution Lethal Injection
Death Row Location  U.S. Disciplinary Barracks, Fort Leavenworth, Kansas
United States Military Death Row Roster and sentencing rate  Total: 9 (as of 1/1/2008)
Names:

Kenneth Parker (B)
[Wade L. Walker] (B)
[Jessie Quintanilla] (A)
[James T. Murphy] (B)
Ronald Gray (B)
Dwight J. Loving (B)
[William Kreutzer] (W)
Asan Akbar (B)
Andrew Witt (W)
 Race:

Black - 6
White - 2
Asian - 1


Gender:

Male - 9
 
Names in brackets awaiting re-trial, re-sentencing, or where court ordered reversal is not yet final. (Source: NAACP Legal Defense Fund; updates by DPIC).

Under the current death penalty system (adopted in January 1984), there have been 47 capital courts-martial resulting in 15 adjudged death sentences, for a 31.9% prosecution "success" rate. (Federal Death Penalty Resource Counsel, March 2008).
Date the Death Penalty Was Reenacted after Furman  In 1983, the Armed Forces Court of Appeals held in U.S. v. Matthews, 16 M.J. 354, that military capital sentencing procedures were unconstitutional for failing to require a finding of individualized aggravating circumstances. In 1984, the death penalty was reinstated when President Ronald Reagan signed an executive order adopting detailed rules for capital courts-martial. Among the rules was a list of 11 aggravating factors that qualify defendants for death sentences. 
Life Without Parole  A recent amendment to the Uniform Code of Military Justice offers a new alternative to the death penalty. For crimes that occurred on or after November 17, 1997, a sentence of life without the possibility of parole is now possible. Prior to this legislation, those servicemembers serving a life sentence would be eligible for parole after serving 10 years. 
Clemency Process  The President has the power to commute a death sentence and no servicemember can be executed unless the President personally confirms the death penalty. 
Capital Offenses  The Uniform Code of Military Justice provides the death penalty as a possible punishment for 15 offenses (10 USC Sections 886-934), many of which must occur during a time of war. All 9 men on the military's death row were convicted of premeditated murder or felony murder. 
Who Decides Sentence  In a military capital case, the convening authority -- a high ranking commanding officer who decides to bring the case to a court martial -- decides if the death penalty will be sought. Once decided, the convening authority picks those servicemembers who will serve as panel members/jurors. One requirement for the panel is that if the accused so chooses, at least 1/3 of the panel must consist of enlisted personnel.
The only other requirement of a panel is that it consist of at least five members. Therefore, the number of panelists in a military death penalty case can vary from case to case. Although no state provides for a panel of less than 12 jurors in a capital case, military appellate courts have rejected challenges to capital court-martialed panels with fewer than 12 members. (see, e.g., United States v. Curtins, 32 M.J. 252 (C.M.A.), cert denied, 502 U.S. 952 (1991)). 

[63Wildcat]

Link to the manual for Military Executions.

http://www.fas.org/irp/doddir/army/r190_55.pdf

[podmornica]

Correct, they do.

But this is not a federal execution.  It is a U.S. Military execution.  Two different laws; two different death rows; two different prisons.  It is just that Bush is the chief executive of both the Federal Government and the Military.

The military death row is at Fort Leavenworth in Kansas.  They have an execution chamber in the basement, I believe, which is as yet unused.

I got the following from the Fox New Web Page which states that the execution will take place in Terre Haute, but the executioners will be military.

Military Sets Date for First Execution Since 1961
Thursday, November 20, 2008

WASHINGTON -  A former Army cook convicted of multiple rapes and murders is set to die next month in what would be the U.S. military's first execution in nearly 50 years. The military said Thursday that former North Carolina soldier Ronald A. Gray is to be executed Dec. 10 at the federal prison complex in Terre Haute, Ind.  Gray was arrested in connection with four slayings and eight rapes in the Fayetteville, N.C., area between April 1986 and January 1987, while he was stationed at Fort Bragg. He was convicted of murdering two women.

President Bush approved Gray's execution in July, and a month later Army Secretary Pete Geren set the execution date and ordered that Gray be put to death by injection. The date was publicly released Thursday.  "The Army is moving forward with plans to fulfill the court-martial sentence," said Army spokesman Lt. Col. George Wright.

Gray has appealed his case through military courts and the U.S. Supreme Court, which declined to hear the case in 2001. Wright said Gray had two legal options remaining: filing a petition with a federal appellate court to stay the execution, or request that the president reconsider approval of the execution.  Army personnel will be responsible for conducting the execution in Indiana based on an agreement with the U.S. Bureau of Prisons.

Only 10 members of the military have been executed since 1951, when the Uniform Code of Military Justice, the military's modern-day legal system, was enacted.
President Eisenhower was the last president to approve a military execution. That was for John Bennett, who was hanged in 1961 for raping and attempting to kill an 11-year-old Austrian girl.

On Feb. 12, 1962, President Kennedy commuted the death sentence of Jimmy Henderson, a Navy seaman, to confinement for life.

Gray, 43, is being confined at the U.S. Disciplinary Barracks at Fort Leavenworth. He was convicted by a six-member court-martial panel for:

- Raping and killing Army Pvt. Laura Lee Vickery-Clay of Fayetteville on Dec. 15, 1986. She was shot four times with a .22-caliber pistol that Gray confessed to stealing. She also suffered blunt force trauma over much of her body.

- Raping and killing Kimberly Ann Ruggles, a civilian cab driver in Fayetteville. She was bound, gagged, stabbed repeatedly and had bruises and lacerations on her face. Her body was found on the base.

- Raping, robbing and attempting to kill an Army private in her barracks at Fort Bragg on Jan. 3, 1987. The victim testified against Gray and identified him as her assailant. Gray raped her and stabbed her several times in the neck and side.
Wright said there are four other members of the military - two soldiers, a Marine and one Air Force airman - under sentence of death.

[JT]

I stand corrected.  I distinctly remember reading that the Military had their own execution chamber at Ft. Leavenworth.  According to the news articles on the net, Gray will be transferred to FCC Terre Haute in Indiana to be executed.  Apparently the Military must not want to use its own lethal injection facilities.

[63Wildcat]

JT,
 They used to in the "Castle" but I don't know about the new facility. Apparently they don't. Knowing the Army they probably "Outsourced" aka contracted it out. Seems to be the thing to do now days in the military.