An attorney is seeking another delay in next week's scheduled execution of a death-row inmate convicted of molesting and killing a 9-year-old Yuma girl in 1988.
Richard Lynn Bible is set to be executed June 30 at the state prison in Florence. In a filing made public Wednesday, Bible's attorney, Daniel Maynard, asked the Arizona Supreme Court to stay the execution.
Maynard argues that the state Department of Corrections won't tell him where or when it obtained the drugs to be used in the execution or provide the qualifications of those who will inject Bible. He says that violates Bible's rights.
The Corrections Department didn't immediately respond to questions about the drugs.
Maynard is seeking a separate execution stay in the 9th U.S. Circuit Court of Appeals based on DNA testing.
Bible, 49, has been on death row since 1990 after being convicted of kidnapping, molesting and fatally bludgeoning 9-year-old Jennifer Wilson of Yuma while she was on vacation with her family in Flagstaff. Her body was found three weeks after she went missing.
Blood found on Bible's shirt was consistent with the Jennifer's, and multiple items found in a car Bible had stolen were found near Jennifer's body, including vodka bottles, cigars and rubber bands. Bible has always said he was innocent of the crime.
Last week, his attorney filed a motion for a stay with the 9th U.S. Circuit Court of Appeals in San Francisco so he can have more time to get DNA testing on hairs that were used as evidence in his trial.
?The public has no interest in seeing an execution carried out as punishment inflicted while Bible is seeking to have evidence that was used against him DNA tested,? wrote Maynard in a June 17 filing. ?Allowing such an unconstitutional execution to proceed would undermine the public's confidence in Arizona's criminal justice system. DNA evidence can exonerate Bible and render the jury's verdict in this case unsafe.?
Prosecutors said in a filing that Bible could have requested further DNA testing long ago and that there is ?overwhelming evidence of guilt? that has nothing to do with Bible's or Jennifer's hair.
Maynard also is asking the court to grant his appeal of a lower court's ruling that denied appointing the Arizona Federal Public Defender's Office to help in Bible's case.
Maynard argues that attorneys at the office are much more familiar with death penalty cases and that the caseload is much too large for him to handle himself, thus depriving Bible of his right to due process.
Source: http://www.yumasun.com/news/bible-70909-execution-maynard.html
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