SIOUX FALLS, S.D. (KELO.com) — Below is an ongoing blog of news coverage and impressions from the briefing room at the South Dakota State Penitentiary and the expected execution of Charles Rhines.
UPDATE: Rhines’ appeals to the Supreme Court have been denied and the execution is scheduled to go ahead tonight. More details here.
4:23 p.m.—Witnesses to the execution released for an hour to get some supper, so nothing will happen for a while. Not sure it is true but supposedly the prison won’t execute a prisoner during a meal because of security concerns. And with that, my on the scene coverage comes to an end.
3:47 p.m.—I am really regretting running out the door from KELO Radio and not getting lunch before I came to the state pen. Stomach is growling.
3:43 p.m.—The SDDOC has canceled visits to the pen this evening. The media scribes think this is a hint that it could be a long night. I will be shutting down at 4:30 p.m. Carter Woodiel from the KELO.com News staff will continue keeping an eye on the execution after I sign off.
3:37 p.m.—One of Rhines’ attorneys, Dan Fritz of Sioux Falls, I practiced law with when we were both at Lynn Jackson law firm. After I left and he was still at Lynn Jackson, we both were appointed to represent criminal defendants in a federal drug conspiracy case. Dan had filed a motion with the court that his client had not been properly charged or some such technicality. Prior to the start of the trial, Dan made then argued his motion. The judge agreed with Dan and Dan’s criminal client got to walk out the door before the trial began. I’m guessing he didn’t stick around in Sioux Falls. So I have seen Dan pull the legal equivalent of a rabbit out of his hat in another major criminal case.
3:12 p.m.—Thought I’d see if I could find any information on Justice Gorsuch’s record on staying executions. No luck.
2:58 p.m.—According to the site, ”The Next to Die,” Charles Rhines is the next inmate scheduled to be executed in the United States. After Rhines, according to the site (http://themarshallproject.org), is an inmate in Texas on Wednesday.
2:11 p.m.—According to the U.S. Supreme Court calendar, they are in oral arguments today. Not sure if they’re done for the day or not. Also not sure what if any impact that may have. The stay of execution was given to Justice Gorsuch, who is the justice who hears these matters from the U.S. 8th Circuit, which South Dakota is in.
2:03 p.m.—In their application for a stay of execution with the U.S. Supreme Court, Rhines attorneys argue that he has a right to choose his method of death in effect at the time he was convicted and sentenced. His lawyers argue he has a life and liberty interest in having a choice and that it denies him due process. They also make a highly technical legal argument about the application of res judicata and that being a violation of Rhines‘ due process rights. The res judicata argument would take a law review article to make it understandable to most non-lawyers.
1:54 p.m.—I am sitting next to the old school media multiple-box for audio. It’s about as old as I am. Ok, not quite, maybe 40 years old or so. It’s witnessed a lot of S.D. history, including this pending execution.
1:42 p.m.—Confirmed with S.D. DOC that we’re on holding pending reviews by the U.S. Supreme Court.
1:31 p.m.—Unconfirmed, but we may be at a standstill due to the U.S. Supreme Court hearing three cases on Rhines’ behalf. No official word though. So we wait.
1:30 p.m.—If everything is on time, Charles Rhines is being executed by lethal injection right now. No official announcement, just us media people in the media room.
1:23 p.m.—It is strange waiting for a person to die, albeit it in another room that I am not going to see. Rhines knows the time and date of his death, unlike most people at the end of their lives. Meanwhile, Donnivan Schaeffer, the young man he killed in 1992, had no clue he was going to die—brutally—while at work at his donut shop. 7 minutes to execution.
1:18 p.m.—I’ve covered several executions in South Dakota. However, since I woke up this morning, I’ve been unsettled and nervous. Not sure why. I’ve known this day is coming. I don’t know the defendant or the victim. Just had a feeling of dread all day. Not sure it means anything but odd nonetheless. 10 minutes to execution.
1:13 p.m.—The camera guys—they are all guys—congregate on one side of the briefing room shooting the breeze while the print, radio, and TV journalists sit at tables behind the cameras working on stories or browsing the internet. 17 minutes until execution.
1:04 p.m.—The mention of possible free pizza brings a stir to the media briefing room. 26 minutes until execution.
1:01 p.m.—Media room is about half full. Muffled conversations, a few people eating lunch from Subway. Execution is 29 minutes away, if no stay.
12:40 p.m.— Media and general parking by the RJ Johnson training center is mostly full. Grabbed the last space for the public for the KELO News car.
A few protestors were by the flagpoles to the east of the drive. A cool breezy day to be out protesting, whatever the point of view about the death penalty.
