A Missouri man missing part of his brain was executed Tuesday night for gunning down a sheriff's deputy nearly two decades ago.
Cecil Clayton, who at 74 was Missouri's oldest inmate on death row, was given a lethal injection at 9:13 p.m. local time at the Eastern Reception, Diagnostic and Correctional Center in Bonne Terre, Missouri. The Missouri Department of Corrections said Clayton was pronounced dead at 9:21 p.m.
Clayton's execution had been set for 6 p.m., but was delayed more than three hours after his attorneys launched three last-ditch appeals to the U.S. Supreme Court. The high court declined the flurry of motions. Gov. Jay Nixon (D) also denied clemency Tuesday night, The Associated Press reported.
Clayton's attorney, hoping for a last-minute reprieve, argued for clemency based on a sawmill accident decades earlier that permanently damaged Clayton's brain and left him incapable of understanding his crime and his punishment.
"The world will not be a safer place because Mr. Clayton has been executed," Elizabeth Unger Carlyle, one of his lawyers, said in a statement. She said putting Clayton to death without a hearing to consider his mental competency violated U.S. and state law "and basic human dignity."
In November 1996, Clayton shot Barry County sheriff's deputy Christopher Castetter in the forehead while the officer responded to a complaint about an argument between Clayton and his girlfriend.
Clayton's lawyers noted in an appeal Friday that it was the opinion of three experts that Clayton was "legally incompetent," with an IQ that classifies him as intellectually disabled. A 2004 test revealed his IQ to be 71.
The Missouri Supreme Court ruled 4-3 on Saturday that Clayton was not intellectually disabled under state law, and declined to hold a hearing to explore his mental competency.
"The problem is that in this country we say that we only execute the worst of the worst. You can see there's a big hole in his right frontal lobe -- that's what controls impulse control and reasoning," Carlyle told the Riverfront Times Tuesday. "He's just not tracking what's really happening, what's going on. He's not able to respond well to it, or even be able to understand what's happening to him in any rational way. And that's just not the person that we ought to be executing."
A scan of Cecil Clayton's brain showing the missing portion of his frontal lobe.
While working at a sawmill in 1972, a piece of wood broke off and pierced Clayton's head, according to court records. Doctors removed 20 percent of his frontal lobe, which controls, among other things, problem solving, spontaneity, memory, judgement and impulse control. The accident left Clayton prone to anxiety, depression, delusions and hallucinations, according to his lawyers.
On Monday, The Texas Court of Criminal Appeals stopped the scheduled execution of Randall Mays, 55, convicted of fatally shooting two police officers during a gunfight at his home. According to The Associated Press, Mays' lawyers had pressed the court for an additional review of his mental competency.
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Before You Go
STATE: South Carolina
RELEASED IN 2002
In 1982, Dorothy Edwards of Greenwood, South Carolina, an elderly white woman beloved by her community, was brutally murdered and raped in her home. Edwards' neighbor offered up Elmore, her handyman, as the perpetrator of the crime, even as he maintained his innocence. Elmore was arrested, went to trial 82 days later, and received a death sentence -- a conviction that he received three times as appeal courts overturned each verdict. The case was riddled with bad (even planted) evidence, an incompetent defense, a tainted crime scene, and police coverups. He spent 29 years on death row until his defense argued that he was mentally disabled and legally could not be executed, so he was reduced to a life sentence. In 2002 -- 29 years later -- he pled guilty to murder in exchange for release.
Check out CNN's original series "Death Row Stories" (Sundays 9pm ET/PT) for a deeper look into this case.
STATE: Florida
COMMUTED TO LIFE SENTENCE IN 2002
One-time millionaire and business magnate Kris Maharaj was convicted on two counts of murder in 1987. The case was plagued by covered-up evidence, false eyewitness accounts, and a shoddy defense (who didn't call any of his many witnesses to the stand as a "tactical" maneuver). Clive Stafford Smith has worked on this case for years, and in 2002, succeeded in commuting Maharaj’s death sentence to a life term following serious misconduct on the part of the judge and prosecution. Smith continues to fight for Maharaj's release, saying: “It is unfathomable to most rational people that the US Supreme Court says that innocence is not a reason to set a prisoner free. That Kris has spent 10,000 days in prison for a crime he did not commit is little more than legal kidnapping.”
Check out CNN's original series "Death Row Stories" (Sundays 9pm ET/PT) for a deeper look into this case.
STATE: Florida
EXECUTED: 9/28/11
LAST MEAL: Fried chicken breast, white rice, garlic toast, peach cobbler and a Coca-Cola.
Manuel Valle killed a police officer in Coral Gables, Florida, in 1978 after being stopped for a traffic violation. In the dissenting opinion of Valle v. Florida, Supreme Court Justice Stephen G. Breyer stated that the inmate's long stay on death row amounted to cruel and unusual punishment. He said, "I have little doubt about the cruelty of so long a period of incarceration under sentence of death."
STATE: Georgia
EXECUTED: 9/16/08
LAST MEAL: Did not request a last meal. Ate regular prison meal of baked fish, peas, cole slaw, carrots, cheese grits, bun, fruit juice and chocolate cake.
Jack Alderman was convicted in 1975 of killing his wife, Barbara Jean Alderman. At the time of his execution, he was the longest-serving death row prisoner who had been executed in the United States.
STATE: Texas
EXECUTED: 6/15/2010
LAST MEAL: Four eggs, four chicken drumsticks, salsa, four jalapeno peppers, lettuce, tortillas, hashbrowns, garlic bread, two pork chops, white and yellow grated cheese, sliced onions and tomatoes, a pitcher of milk and a vanilla shake.
In May 1978, Powell fatally shot 26-year-old Austin police officer Ralph Ablanedo 10 times after he and his girlfriend were pulled over for missing a rear license plate. The two were on the way to a drug deal at the time of the crime. Opponents to his execution cited his exemplary behavior in prison and argued that he was no longer a threat to society, which is a legal requirement for capital punishment. Thirty-one years, three trials, and multiple appeals later, he died by lethal injection.
He spent the longest time on death row of anyone in Texas since the state resumed death penalty executions in 1982.
STATE: Florida
EXECUTED: Died of brain tumor in 2013
In 1974, Gary Alvord was sentenced to death for strangling three women in their home in Tampa, Florida after he escaped from a mental hospital. Although Alvord faced execution several times, his history of mental illness prevented the sentence from being carried out. Last year, after 43 years on death row, he died of natural causes. In the time he spent awaiting execution, 74 other inmates were sent to their deaths. Bill Sheppard, who represented Alvord, has said: “Gary is a product of a sick system. He was a living example of why we should not have the death penalty.... I would love for the state of Florida to tell us how much money they wasted trying to kill a guy they couldn't kill."
STATE: Missouri
CHARGES DISMISSED IN 2013
Reginald Griffin was implicated in the 1983 stabbing death of a fellow inmate at the Moberly Correctional Center in Moberly, Missouri, where he was serving time for an armed assault conviction. He along with two other inmates were charged with capital murder in 1987. There was no physical evidence linking Griffin to the crime, and in subsequent trials, the two inmates who served as witnesses for the prosecution in were offered benefits to testify. In 2011, the Missouri Supreme Court found that the state had withheld critical evidence and overturned Griffin's conviction. In 2013, all charges were dismissed. Upon his release, Cindy Short, one of his attorneys, said: "We humans are flawed, and those flaws have led to wrongful arrests, wrongful convictions and, unfortunately, this situation where time and time again you see prosecutors holding onto cases, even when evidence of innocence is clear."
STATE: Oklahoma
EXECUTED: 5/1/12
LAST MEAL: Kentucky Fried Chicken’s crispy two breast and one wing meal with potato wedges and baked beans, a chicken thigh, apple turnover, two biscuits and honey, salt, pepper and ketchup.
In 1975, Michael Selsor shot gas-station clerk Clayton Chandler six times during a robbery in Tulsa, Oklahoma along with his accomplice, Richard Eugene Dodson. Although he was tried by a jury and sentenced to death in 1976, the U.S. Supreme Court and Oklahoma Court of Criminal Appeals ruled the death penalty unconstitutional later that year. Selsor's conviction was overturned by the U.S. Tenth Circuit Court of Appeals in 1996; however, his 1998 retrial ended in another death sentence. After 36 years, Selsor was executed in Oklahoma by lethal injection.