PHOENIX (AP) — A judge has expressed skepticism about whether changes can be ordered in response to a lawsuit against Arizona Governor Katie Hobbs.
Superior Court Judge Frank Moskowitz agreed to let his defense team outline their arguments in the coming weeks, but the Arizona Supreme Court authorized the execution of Aaron Ganchez in the 2002 murder of Ted. He also said he didn’t know what he had the authority to do since his order. Prices expire late Thursday night.
“What can I do?” Mr. Moskowitz said such a court order cannot be issued or extended. I was planning a meeting.
Hobbes, who ordered a review of Arizona’s death penalty procedures because of Arizona’s history of mismanagement of executions, said no death sentences could be imposed until the state was confident it could carry out executions without violating the law. I swore not to do it.
The governor’s review of death penalty procedures is underway, but the office of newly elected Democratic Attorney General Chris Mays has said it will not seek court orders to execute prisoners.
The lawsuit, filed by the victim’s sister Karen Price and daughter Brittney Kay, alleges that Democratic governor and corrections director Ryan Thornell overstepped his authority and refused to execute Gunch. also said in the lawsuit that the state’s refusal to carry out the death penalty violated the client’s right to justice and finality.
Hobbes’ attorneys say the state lacks staff with the expertise to carry out executions. They also said that corrections officials were unable to find an IV team to perform the lethal injection and currently have no contract with a pharmacist to prepare the pentobarbital needed for the execution. He said the position of supreme correctional leader, which is important to planning, remains vacant.
Hobbes’s attorney, Bo Dal, said the governor expressed his condolences for the loss and suffering of the Price family, but assured the governor that the death penalty would be carried out lawfully and humanely. He said he had the discretion to do so.
“While I empathize with the plaintiffs (Price’s sister and daughter) here, what they are seeking is an unprecedented infringement of the executive branch’s powers, obligations and representation,” Dal said.
Ryan Green, the Maricopa County Attorney’s Office attorney representing Price’s daughter in the lawsuit, said the governor and the Director of Corrections were not performing their duties in refusing to carry out the execution. Such remedies could include ordering states to prepare for execution in case a writ of execution is issued in the future, he said.
Green said not allowing the court to reconsider Hobbes’ decision on whether to carry out the execution would create a situation where the governor could decide not to carry out the law. “Victims never have the right to a quick and final conclusion in these types of cases,” Green said.
Price’s sister and daughter are now pursuing their case in lower court.
Ganz had pleaded guilty to murder charges in the shooting death of his girlfriend’s ex-husband, Ted Price.
Arizona, which currently has 110 people on death row, had three executions last year. It followed a hiatus of about eight years due to criticism of the failed execution in 2014 and the difficulty of obtaining the execution drug.
Since then, the state has been criticized for taking too long to insert a lethal injection drip into a person’s body, and for refusing permission for a newspaper in the Republic of Arizona to witness the three executions.
Gantis, who is not a lawyer, asked the state Supreme Court to issue a warrant for his execution, saying justice could be served and Price’s family closed. In the last month of the middle, he asked the court for a warrant for Ganch’s execution.
However, Ganches withdrew his request in early January, and Mays, who replaced Brnovic, requested a warrant to drop Ganches’ execution.
Gunches again changed course, saying that he now wanted to be executed and had been asked for a transfer to Texas, where he wrote, “The inmates can still serve their sentences.” The Arizona Superior Court denied the transfer.
“I want my sentence to be enforced as soon as possible,” Ganchez told the judge at Thursday’s hearing.
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