Saudi Arabia seeks death penalty in Khashoggi murder case

FILE PHOTO: A demonstrator wearing a mask of Saudi Crown Prince Mohammed bin Salman attends a protest outside the Saudi Arabia consulate in Istanbul, Turkey October 25, 2018. REUTERS/Osman Orsal//File Photo

By Stephen Kalin

RIYADH (Reuters) – Saudi Arabia’s public prosecutor is seeking the death penalty for five out of 11 suspects charged in the murder of journalist Jamal Khashoggi, his office said on Thursday, as the kingdom tries to overcome its biggest political crisis in a generation.

Khashoggi, a royal insider turned critic of Saudi policy, was killed in the country’s Istanbul consulate on Oct. 2, after a struggle, by a lethal injection dose, deputy public prosecutor and spokesman Shalaan al-Shalaan told reporters.

His body was dismembered, removed from the building and handed over to a “local cooperator”, whose identity has not been confirmed, he added. The whereabouts of Khashoggi’s remains are unknown.

Shalaan said the Washington Post columnist was murdered after “negotiations” for his return to the kingdom failed and that the killing was ordered by the head of a negotiating team sent to repatriate Khashoggi after he decided it was unfeasible to remove him from the consulate.

Shalaan said the order to repatriate Khashoggi had come from former deputy intelligence chief General Ahmed al-Asiri, who was sacked last month following an initial investigation.

Asked if Saudi Crown Prince Mohammed bin Salman played a role in the murder, he said: “He did not have any knowledge.”

Turkish President Tayyip Erdogan has said the order for the operation came from the highest level of Saudi leadership but probably not King Salman, putting the spotlight instead on his 33-year-old heir Prince Mohammed.

U.S. President Donald Trump has suggested ultimate responsibility lies with the prince as de facto ruler.

Riyadh initially denied any knowledge of Khashoggi’s disappearance, then offered contradictory explanations including that he was killed in a rogue operation. The case has sparked a global outcry, opened the kingdom to possible sanctions and tarnished the image of Prince Mohammed.

Some details provided on Thursday again contradicted previous versions, none of which mentioned a drug-induced death and one of which called the killing premeditated based on information provided by Turkish authorities.

FILE PHOTO: A demonstrator holds a poster with a picture of Saudi journalist Jamal Khashoggi outside the Saudi Arabia consulate in Istanbul, Turkey October 25, 2018. REUTERS/Osman Orsal/File Photo

FILE PHOTO: A demonstrator holds a poster with a picture of Saudi journalist Jamal Khashoggi outside the Saudi Arabia consulate in Istanbul, Turkey October 25, 2018. REUTERS/Osman Orsal/File Photo

DEATH PENALTY

Turkish Foreign Minister Mevlut Cavusoglu said that the measures announced by the Saudi public prosecutor’s office were “positive but insufficient”, and repeated Ankara’s demand that the 15-man team be tried in Turkey.

“The Public Prosecutor has requested the death penalty for five individuals who are charged with ordering and committing the crime and for the appropriate sentences for the other indicted individuals,” Shalaan said, without naming them.

He said 11 out of 21 suspects have been indicted and will be referred to court, while investigations with the remaining suspects will continue to determine their role in the crime.

A travel ban has been imposed on a former top aide to the crown prince, Saud al-Qahtani, while investigations continue over his role, Shalaan said.

He said Qahtani had coordinated with Asiri, meeting the operatives ahead of their journey to Istanbul to brief them on the journalist’s activities.

Qahtani has already been fired from the royal court, but four sources based in the Gulf told Reuters this week that he was still at liberty and continued to operate discreetly.

A senior government official previously identified the head of the negotiating team as Maher Mutreb, an aide to Qahtani who has appeared in photographs with Prince Mohammed on official visits this year to the United States and Europe.

Six weeks after the murder, Turkey is trying to keep up pressure on Prince Mohammed and has released a stream of evidence that undermined Riyadh’s early denials of involvement.

Turkey says it has recordings related to the killing which it has shared with Western allies. Erdogan said the recordings are “appalling” and shocked a Saudi intelligence officer who listened to them, Turkish media has reported.

Last month two intelligence sources said that Qahtani gave orders over Skype to Khashoggi’s killers. More recently, a government source familiar with the matter said Qahtani featured prominently throughout the recordings.

Shalaan declined to confirm or deny whether Saudi authorities heard the recordings. He said Riyadh asked Ankara to share witness testimonies and hand over Khashoggi’s phones.

(Additional reporting by Maha El Dahan and Asma Al Sharif in Dubai; Writing by Tuqa Khalid and Ghaida Ghantous; Editing by Gareth Jones, William Maclean)

Father who forgave son for family’s murder asks Texas to spare his life

Thomas Whitaker appears in a booking photo by the Texas Department of Criminal Justice in Huntsville, Texas, U.S., obtained by Reuters on February 16, 2018. Texas Department of Criminal Justice/Handout via REUTERS

By Jon Herskovitz

AUSTIN, Texas (Reuters) – A Texas man who survived a deadly domestic attack hatched by his son is pushing the state to grant clemency to the condemned man, although it has never spared a death row inmate solely at the formal request of the victim’s family.

Thomas “Bart” Whitaker is set to be put to death by lethal injection on Feb. 22 for masterminding a 2003 plot near Houston that left his mother Tricia, 51, and brother Keith, 19, dead and his father Kent with a bullet wound near his heart.

In the 31 states with capital punishment, district attorneys make the decision whether to seek death, balancing the punishment that they consider best serves society with the wishes of the victim’s family. In this case, the local Texas prosecutors pursued death and jurors decided Bart Whitaker, 38, deserved to be executed.

His father, a 69-year-old devout Christian and retired executive, says if that penalty is implemented, it will only intensify his pain.

“I am going to be thrown into a deeper grief at the hands of the state of Texas, in the name of justice,” Kent Whitaker said last week, after a 30-minute meeting with the chairman of the Texas Board of Pardons and Paroles in Austin.

Whitaker says his son has been a model inmate and has provided letters from death row prison guards to back him up. According to the clemency petition, Kent Whitaker, his relatives and his wife’s family do not want Texas to execute Bart.

The panel’s decision is due on Tuesday, two days before the execution. If it recommends commuting the death sentence to life in prison, Governor Greg Abbott, a Republican, would make the final decision.

Tim Cole, an assistant professor of law at the University of North Texas Dallas College of Law and a former Texas district attorney, said the case points to a major flaw in the U.S. capital punishment system.

With no consistent criteria for prosecutors on whether they should seek execution, he said, the system is arbitrary.

“It is completely up to that one person, the district attorney, to seek death or not,” he said.

The Whitaker case is an outlier, however. In many cases, family members want the district attorney to seek the maximum punishment, Cole said.

Since the U.S. Supreme Court reinstated the death penalty in 1976, clemency at the request of a forgiving victim’s family has been almost unheard of, according to the non-profit Death Penalty Information Center, which monitors U.S. capital punishment. It did happen in Georgia in 1990, the group said.

It is far more common for courts to halt executions for reasons ranging from doubts over guilt to procedural problems with prosecutions than it is for a governor to grant clemency.

Money may have motivated Bart Whitaker to plan to murder his family with the help of two other men, court documents showed. One of those men, his roommate Chris Brashear, shot the father, mother and brother after the family returned from a dinner out.

He shot Bart in the bicep to make it look he had also been attacked, court documents said. The two other men helped prosecutors pin the crime on Whitaker and were not sentenced to death.

Local prosecutors said they considered the family’s views but stood by Whitaker’s sentence as appropriate for such a brutal crime.

“We represent all of the community. It is not just one person we represent,” said Fred Felcman, first assistant district attorney for the Fort Bend County District Attorney’s Office. “Legally, justice says that he should be executed.”

Felcman believes Bart Whitaker is a sociopath and a master manipulator.

In the clemency petition, Kent Whitaker recalled lying in his hospital bed and facing the choice of slipping into despair or offering his son forgiveness. He said his faith led him to the latter option, which he hopes will sway Texas officials.

“We are not asking them to forgive him, or to let him go,” he added. “We just want them to let him live.”

(Reporting by Jon Herskovitz; Editing by Colleen Jenkins and Rosalba O’Brien)

Doctor tells U.S. court drug not suitable for Arkansas executions

Inmates Bruce Ward(top row L to R), Don Davis, Ledell Lee, Stacy Johnson, Jack Jones (bottom row L to R), Marcel Williams, Kenneth Williams and Jason Mcgehee are shown in these booking photo provided March 21, 2017

By Steve Barnes

LITTLE ROCK, Ark. (Reuters) – A surgeon told a federal court in Arkansas on Wednesday that a sedative the state plans to use in its lethal injection mix is not suitable for surgery and should be prohibited when Arkansas holds an unprecedented series of executions later this month.

Arkansas plans to kill eight prisoners in dual executions over 11 days from April 17, although a federal judge has halted one execution. Death penalty opponents have said the rushed schedule is reckless and increases the chance of errors.

The European Union on Wednesday called on Arkansas to commute the death sentences.

The convicted murderers scheduled to die have asked U.S. District Judge Kristine Baker in Little Rock to halt their executions, saying the state’s rush to the death chamber was unconstitutional. Baker set a Thursday deadline for evidence.

Lawyers for Arkansas, which has not had an execution in 12 years, have told the court that the drug in question, midazolam, has been used in executions in other states and its lethal injection protocols pass constitutional muster.

Jonathan Groner, a professor at Ohio State University’s medical school and a specialist in pediatrics and trauma, testified that he has never used midazolam as the primary anesthetic in thousands of operations he has performed.

“It would be malpractice for me to do an appendectomy using midazolam as an anesthetic,” he said. He was a witness for the inmates and on cross examination said he was a death penalty opponent.

When the number of executions was rising in the late 1990s, several states held double and even triple executions on the same day, including Arkansas.

At that time, a powerful sedative was part of the mix but since then, major pharmaceutical companies have banned sales to states for executions. This caused a scramble for new mixes, including combinations with midazolam, which has been used in flawed executions in states including Oklahoma and Arizona where witnesses said inmates writhed in pain on death chamber gurneys.

Arkansas Governor Asa Hutchinson, a Republican, set the schedule, saying the state’s midazolam supply expires at the end of April and it was in the interest of justice to hold as many executions as possible while Arkansas has the difficult-to-obtain drug.

Separately, Ohio has asked the entire U.S. Court of Appeals for the Sixth Circuit to re-consider a decision last week from a three-judge panel from that court blocking the state’s lethal injection process, the attorney general’s office said.

(Additional reporting by Robert-Jan Bartunek in Brussels and Kim Palkmer in Cleveland; Writing by Jon Herskovitz; Editing by Matthew Lewis, Toni Reinhold)