Convicted killer was set to be executed July 30
JEFFERSON CITY, Mo. — Jackie Marrs is still frustrated over why John Middleton receives delays for his planned execution, 13 years after she lost her daughter over a methamphetamine turf war in Northwest Missouri.
The Missouri Supreme Court issued a stay of execution for Mr. Middleton, who’s been convicted in the shooting deaths of Stacy Hodge, Randy Hamilton and Alfred Pinegar in 1995.
“I just can’t understand,” said Mrs. Marrs, a Spickard, Mo., woman who didn’t want to talk about the case otherwise. “He’s exhausted all his appeals. There should be no other thing to stop it.”
The stay was granted Friday but not publicly announced by the court until Tuesday afternoon. Mr. Middleton’s execution had been scheduled for 12:01 a.m. July 30 at the state prison in Potosi, Mo.
In its ruling, the court granted a motion submitted last week by attorney Cheryl A. Pilate of Olathe, Kan. Mr. Middleton is seeking to become part of a case by other death-row inmates challenging Missouri’s means of administering lethal injection, according to court records.
The News-Press was unable to reach Ms. Pilate for comment on the court’s decision. Missouri Supreme Court spokeswoman Beth Riggert offered no response to the court’s decision. William J. Swift, a state public defender who once represented Mr. Middleton, also refused to talk about the case.
“Mr. Middleton has been selected for execution in such an arbitrary and capricious manner that it offends the state and federal constitutional prohibition against cruel and unusual punishment, as guaranteed by the Eighth and 14th amendments to the United States Constitution,” the motion said. “The plaintiffs allege that they are subject to a grave and substantial risk that the Missouri Department of Corrections’ execution protocol will not be implemented as designed and will cause excruciating and unnecessary pain prior to death.”
Mr. Middleton, 48, also of Spickard, is one of two inmates the state identified as next in line for execution. He is one of 47 capital-punishment inmates held at the Potosi prison.
The bodies of Ms. Hodge and Mr. Hamilton were found in the trunk of a car in Mercer County. Mr. Pinegar’s body was discovered in a remote area of Grundy County. Court testimony revealed that the deaths were linked to a methamphetamine operation run by Mr. Middleton.
Ray Scherer can be reached at rscherer@npgco.com.
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i know there was a response to this article because i wrote one. these people that murder others, and manipulate the law to their advantage are ridiculous. they are afraid to die, but they didn't care that their victims didn't want to die. they don't want to suffer excruciating and uneccesary pain prior to their death? neither did my grandson, but he did. i listened to the prosecutor describe the coronor's testimony. i don't know why the law permits such insane law suits by these monsters to be filed. my daughter and i live with the fact everday that my grandson probably cried for his mother and i, until he was too weak. there is no excuse for this madness.
Posted by wickedtruth on July 16, 2008 at 1:55 p.m. (Suggest removal)So much for freedom of speech. Someone must have gotten out of hand.
Posted by rush620 on July 16, 2008 at 4:35 p.m. (Suggest removal)Hmm. He's killed 3 people and is now afraid a needle is going to hurt? What's wrong with this picture?
Posted by rxyrch on July 16, 2008 at 5:06 p.m. (Suggest removal)unfortunately this guy isn't the only one, he and a group of monsters on death row have filed what amounts to a class action suit against the state of MO saying basically that they have incompetent people pushing the plunger. now i don't know whether that means, they go oops, i stopped his heart before i peacefully put him to sleep so he doesn't feel anything, or whether he is upset because he hears the cheers of the victims families to finally who are finally getting justice and they need to sound proof the room.
Posted by rxyrch on July 18, 2008 at 10:08 a.m. (Suggest removal)http://www.courts.mo.gov/courts/pubopini...
geez, one of points relied on for kerns appeal was similar, a credibility issue, as well as the Ron Holiday's closing statement. dang it.
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