State of execution

Indiana Gov. Mitch Daniels denied the clemency petition of Gregory Scott Johnson last week. It was the third denial and subsequent execution since Daniels took office in January.

The governor’s decision came less than a week after the Indiana Parole Board voted 4-0 to recommend against a grant of clemency for Johnson, who was found guilty of felony murder and arson in connection with the June 23, 1985, slaying of Anderson resident Ruby Hutslar.

Johnson had asked for a temporary reprieve from his scheduled execution so medical testing and procedures could be conducted to allow him to donate his liver to his sister, Debra Otis.

“In view of the family relationship, I accepted the sincerity of Mr. Johnson’s motivation in making this offer,” Daniels said. “If his proposal had turned out to create a clear, demonstrated medical advantage to his sister, I might well have considered a brief postponement to seek a way to fulfill the request. The advice of medical experts, including Debra Otis’ own specialist, was definitive that she should not pursue a procedure with Mr. Johnson as donor, but rather will be better served by accepting transplanted organs through the conventional process.”

Several key factors determined Johnson’s unsuitability for organ donation, according to doctors A. Joseph Tector and Hwan Y. Woo of the Clarian Transplant Center at Indiana University Hospital.

Johnson’s Hepatitis B and obese body weight were cited as core factors. The doctors were also unable to recommend the donation from Johnson to his sister based on the guidelines issued by the United Network for Organ Sharing, which has a clear position against allowing condemned prisoners to donate organs.

“We very strongly wish to avoid any course of action that might undermine Indiana’s organ donation program by performing a procedure in violation of these guidelines, including any post mortem procedure to harvest organs following an execution,” they said in a letter to the governor.

Indiana is on track to execute more inmates in 2005 than during any other year since 1938. Michael Lambert is scheduled for execution on June 22, and two other death row inmates — Kevin Conner and Arthur Baird — have run out of appeals and a fifth man, Alan Matheny, is on the last step in the appellate process.

This year’s surge in executions is the result of the large number of death sentences handed out during the 1980s. Courts across the state handed out 57 death sentences during the 1980s, as compared to 28 during the 1990s, two between 1977 and 1979, and 10 so far between 2000 and 2005.

EXECUTIONS IN INDIANA:

86. Gregory Johnson, May 25, 2005
85. Bill J. Benefiel, April 21, 2005
84. Donald Wallace, March 10, 2005
83. Joseph Trueblood, June 13, 2003
82. Kevin Hough, May 2, 2003
81. James Lowery, June 27, 2001
80. Gerald W. Bivins, March 14, 2001
79. D.H. Fleenor, Dec. 9, 1999
78. Robert A. Smith, Jan. 29, 1998
77. Gary Burris, Nov. 20, 1997
76. Tommie J. Smith, July 18, 1996
75. Gregory Resnover, Dec. 8, 1994
74. William Vandiver, Oct. 16, 1985
73. Steven A. Judy, March 9, 1981
72. Richard E. Kiefer, June 15, 1961
71. Robert A. Watts, Jan. 16, 1951
70. Franklin Click, Dec. 30, 1950
69. Thomas Kallas, March 29, 1949
68. Frank Badgley, Feb. 23, 1949
67. Robert Brown, Feb. 23, 1949
66. Frank Quarles, April 2, 1946
65. Cleveland Greathouse, Nov. 26, 1945
64. Virginius Carter, Feb. 10, 1942
63. Milton Hawkins, Nov. 14, 1941
62. Adrian Miller, Aug. 16, 1939
61. James Swain, June 23, 1939
60. Orelle Easton, June 3, 1939
59. James Dalhover, Nov. 18, 1938
58. Henry Nolke, Sept. 30, 1938
57. Vurtis Neal, July 8, 1938
56. Hugh Marshall, July 8, 1938
55. Robert Shaw, June 28, 1938
54. John Smith, June 1, 1938
53. Heber Hicks, May 6, 1938
52. Monroe Selke, May 3, 1938
51. Willis Fuller, Jan. 14, 1938
50. Raymond Fortune, Sept. 17, 1937
49. John Polholsky, June 10, 1937
48. Frank Williams, June 10, 1937
47. William H. Kuhlman, June 10, 1937
46. Chester Arkusewski, March 12, 1937
45. Harry Singer, Dec. 26, 1936
44. Clarence Thomas, Oct. 19, 1936
43. Gaston Slaughter, April 17, 1936
42. Richard Chapman, Oct. 19, 1935
41. Olivett Griggs, June 14, 1935
40. Edward Coffin, Oct. 9, 1934
39. Richard Perkins, Oct. 1, 1934
38. Louis Hamilton, Sept. 28, 1934
37. Harley Edwards, March 2, 1934
36. Charles Witt, Nov. 24, 1933
35. Glenn Shustrom, July 28, 1933
34. John E. Moore, March 2, 1933
33. Ulysses Mack, July 1, 1932
32. Herbert Johnson, Feb. 12, 1932
31. Ignacio Saragoza, June 24, 1931
30. James Britt, March 21, 1930
29. John Hall, April 10, 1928
28. Roosevelt Hicks, July 29, 1927
27. Henry Smith, March 26, 1926
26. Peter Jankowski, Jan. 22, 1926
25. Edward Stewart, Jan. 16, 1926
24. John Koval, Oct. 16, 1925
23. Peter Vergolini, Jan. 30, 1925
22. Harry H. Diamond, Nov. 14, 1924
21. Ben Brooks, Dec. 1, 1922
20. William Donovan, June 1, 1922
19. Will Thornton, Dec. 10, 1920
18. William Ray, Aug. 5, 1920
17. Kelly Robinson, Feb. 1, 1916
16. Robert Collier, Oct. 16, 1914
15. Harry Rasico, Feb. 20, 1914
14. John Chirka, Feb. 20, 1914
13. George Williams, Feb. 8, 1907
12. Berkley Smith, July 30, 1905
11. Jerry Duggans, July 8, 1904
10. Benjamin Springs, July 1, 1904
9. Edward Hoover, Nov. 13, 1903
8. William Jackson, June 12, 1903
7. Orie Copenhaver, June 12, 1903
6. Matthew Alexander, April 16, 1903
5. Louis Russell, Sept. 26, 1902
4. W.B. Wheeler, June 6, 1902
3. John Rinkard, Jan. 16, 1902
2. Joseph D. Keith, Nov. 15, 1901
1. Henry Jones, May 7, 1897