A closer look at why it takes so long to execute someone in Idaho
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- čas přidán 23. 06. 2024
- #eastidahonews #daybell #execution
BOISE - A 12-person jury sentenced Chad Daybell to death this month, but it will be many years, maybe decades, before the Fremont County man is executed.
Nine inmates are on death row in Idaho, with Daybell being the latest addition. Thomas Creech, the longest-serving inmate on death row, was sentenced to die 41 years ago, and an attempt was made to execute him in February but was called off after medical workers could not establish an IV line.
The seven other inmates have been on death row since 1986, 1992, 1993, 1996, 2004 and 2017, with the current length of stay averaging at just over 27 years.
RELATED | Who is on death row in Idaho?
The main reason for the long delay in executing inmates is due to a lengthy set of appeals, according to L. LaMont Anderson, the chief of the Idaho Attorney General’s Office Capital Litigation Unit. He has been an attorney in the division for 27 years.
“My unit is responsible for doing all the appellate work in capital cases in Idaho,” Anderson tells EastIdahoNews.com. “The appellate work from the capital arena includes appeals to the Idaho Supreme Court, the United States Supreme Court, the U.S. District Court for the state of Idaho and the 9th Circuit Court of Appeals.”
Automatic appeal and post conviction relief
The Idaho Supreme Court automatically reviews each death penalty sentence separate from any appeal that may be filed. This is not optional, cannot be waived and during this time, the death sentence is suspended.
“Capital cases are very, very different from noncapital cases,” Anderson says. “Instead of going directly to an appeal, you have post-conviction relief, and that petition has to be filed within 42 days of the entry of the judgment. In noncapital cases, you have the guilt phase, you have the sentencing phase, you have the first appeal and then after that first appeal, you go to post-conviction. But everything is consolidated in a capital case.”
According to Idaho law, “the defendant must file any legal or factual challenge to the sentence or conviction that is known or reasonably should be known” including any claims of ineffective assistance of counsel.
The defendant is appointed appellate public defense attorneys who review everything that took place during the trial, guilt and sentencing phases.
“Although the initial petition has to be filed within 42 days after the judgment has been entered, capital defendants are permitted to amend the petition,” Anderson says. “The state public defender’s office will have to review the transcripts, the clerk’s records and all of the exhibits. In a trial of that nature, it will take several months for the court reporters to transcribe the entirety.”
Read the rest of the story here: www.eastidahonews.com/2024/06...
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So basically death penalty is the same as life but much more expensive, and complicated and almost never carried out.
And taxpayers have to pay for that!! 🤬
Exactly. Why even have the DP. Makes no sense. That's the reason I say LWP. I'm for the DP, if it would be carried out not long after sentencing.
@@southernsass2937agree.
Well at least now we can put a face to the idiocy that is the Idaho Justice System! 😉😛
Yeah my thoughts…just life without parole. If you can’t carry out the DP within 10 years, what is the point?!?!?!
I get the convicted is due his right to appeal but 30 - 40 YEARS worth is not justice.
Exactly. In Chads case, it’s unlikely he’ll live 30-40 years. He’s 55 now so he’ll be 85-95 by then. I doubt he’ll live even to 85 on death row.
@@My-22-Cents
I've heard that prisoners don't like others that are cruel to kids and/or women. If he's not put in solitude he may not live long anyway. 🤔
Nate please thank the gentleman for explaining it for all of us to be aware of what is involved. It’s not his fault, it’s the system.
My sister was murdered by a coworker. They were working together and they were the only ones there at the time. He stole from the place and because she witnessed it he murdered her. She was a teenager working for money to pay off her car. He put her body in her trunk and drove the car down the street to a parking lot. It was Christmas. She thought they were friends which makes this all the more worse. He was originally sentenced to death. Of course having a death penalty case it means that lawyers flock to him for the boost to their careers this would bring. He won resentencing. 15 years to life. Which means he’s up for parole. We have to fight and make statements each time he comes up (this has happened twice now) he’s never apologized to our family and blames his parents for how they raised him and lack of education (he attended the same school my sister did which is totally hog wash) What he did was a choice he’s not the victim.
I’m so sorry about your sister that is awful. The guy who did that is disgusting. My heart goes out to you and your family
Holy shite that is the most bullshit funking crap I've ever heard. Jesus. I pray for you.
Bless your heart! (And I mean that in the genuine, non-snarky manner.) You have to relive your victimization every. single. time. this man comes up for parole. I hope you've seen a counselor to help you deal with this as it happens.
Sorry you still have to go through this ...😢
I’m so sorry about your sister 😭
This is absolutely appalling! If a jury of piers convicts & sentences to the DP, it should NEVER takes decades to be carried out!
Under the guise of “inmate overcrowding”, rapists & murderers are set free back into the public.
This is why I do not support capital punishment. It’s pointless.
22:08
Almost 40 YEARS, and taxpayers money is STILL being wasted!
I cannot understand how this continues to happen, even when the evidence is UNDENIABLE.
How many appeals did Tylee, JJ, Charles,& Tammy get?????
That is an entire different thing.
I never understood the death penalty. Seems much worse to live your life in a prison.
This has been a great interview Nate. Very informative and sheds more light in why it takes so long.
Ridiculous!
Very interesting!! I have never heard this explanation of the appeals. It is still ashamed it takes that many years.
Im in the UK where the death penalty was abolished some SIXTY years ago, I believe that people began to question the fact that people who were convicted and given the death penalty may not actually be guilty. It was posponed in 1965 and abolished in 1969.
I don't have the patience to ever be a lawyer. We are all sweating through weeks to see Daybell found guilty and now? He will probably outlive all of us while he is appealing. I find that appalling. He was in quite the hurry to kill his victims, nobody should take their time with him.
They should just do away with the DP, no point delaying it for decades. Life in prison would be worse anyway. Really dumb
If the death penalty were carried out more quickly I bet it would make most reconsider these awful actions. Their victims didn’t get the 30+ years to continue with their lives
A mixture of stupidity, apathy, and lack of moral fibre.
In any case, the steps are ridiculous. Once convicted and sentenced, it should be carried out in a timely manner imo. Any concerns on how things are going during the trial, should be brought up DURING the trial. Everything should be done step by step so there is no "oh well they did this and shouldn't have, or they shouldn't have showed that certain evidence".. etc. All that should be dealt with bfor sentencing..not after. No new trials or bs bc handing down a death sentence is HUGE. That means there was absolutely NO DOUBT that the person did the things they showed evidence of them doing (which is the whole reason they have a trial 😒) There is no reason to appeal anything..it just costs more money, wastes more time and it's all unnecessary IMO
Especially with SO MUCH EVIDENCE
What a stupid waste of money and time. It shouldn’t take that many people to uphold the law.
Found this very interesting! Thanks Nate!
I am watching this video. This is one of my favorite people you have talked to. I could listen to him talk about cases and the court process for hours. I would gladly listen again if you ever have him on again.
Just a way to drag it out and pay big attorney fees.
I think it should be up to the person to decide whether to appeal or not.
Nate, what another fantastic job! You know how to get the best of the best to interview. Your such a rockstar! ❤️
How long after being given death sentence does it take for execution to be carried out if no appeals
That’s a rough question to answer. Each defendant is given an automatic appeal after sentencing. Each defendant is also given so many appeals before death sentence is assigned to the inmate. It will be years before this demon is put down.
@@Weatheredstorms1 that's why I specified if no appeals fired
I am well aware of the automatic appeal
30 plus years.
Since 1976 to May 2024 so far there has been 150 defendants volunteer for execution. That is approximately 10% of all executions. Each case was very different on how long it took especially if lawyers fought for their competency because they are asking to die. It’s just time for us to eliminate the death penalty in this country. It’s so expensive even if they want to die. Read about the cases sometime. Many had to fight to fire their attorneys who were fighting them wanting to die.
That’s what mr Anderson explained in the interview!!
This video has me thinking about whether life without parole is a better, less expensive option than death. This is especially for cases involving someone of Chad Daybell's age. With prisoners sitting on DR for 20 years before execution is attempted (I'm thinking of the Creech situation in particular; he's been on DR for around 40 years), sentencing someone to death is simply a more expensive way to imprison someone for life with no parole. Understanding completely the desire of a prisoner to fight for his or her life, I get the endless appeals Anderson discusses in this video, but I honestly believe that the only way to give the victims of a criminals action (meaning the family left behind in a murder case) peace is allowing the trial to really be over. That means life in prison with no parole.
This system feels broken.
Good morning Nate from India. Looks like every reporting of yours and every interview is better than the before
I’ve heard it’s cheaper to serve life in prison than the death penalty. I am curious of the cost between the life vs death. If taxpayers knew the costs they wouldn’t vote for the death in their state.
You can look it up online. DP is a pointless sentence.
I read it is 90,000 more per month, per death row inmate vs life without parole. Court costs mostly.
That’s all ridiculous- once the Supreme Court makes a decision that should be it. What was the point of having a jury even decide.
This is very interesting. Thank you for your thoroughness Nate.
Give them one year to file all their appeals and then proceed . not drag it out for 40 years
Several appeals are allowed by law!
So when do we concern ourselves with the rights of the victims??
Thank you @Nate Eaton this was so insightful, disappointing though.
Alex did everything. And he's DEAD.
Because Chad told him to do it.
And Lori.I don't think Alex would kill children if it weren't Lori approving it quit blaming g Chad for everything! They were Loris children not his.
Lori, Chad, and Alex are all guilty
I loved how Nate did the summary towards the end as I was kinda lost but his summary made me understand!
This is so drawn out and ridiculous. I get maybe one appeal to prevent conviction of the innocent. But five years is long enough to make those decisions.
Excellent lines of inquiries Nate . Thank you.
Timothy McVeigh killed in April 1995, was convicted in June 97 and was dead June 2001. How did that one happen so quickly?
He refused appeals and called for his death.
He refused all appeals!
There have been about 150 who have volunteered to die, waive their appeals since 1976 to current day. Many have to fight their attorney because the attorney fights saying they aren’t competent to ask to die. It’s ridiculous.
Good interview, interesting, thanks Nate, uk 🇬🇧 here.
Great guest Nate!!!! Enjoyed him a lot!!! Thanks for bringing him in the succession of those tied to Daybell trial! Great job 👏 😊
Great interview. Nate always asks the question we all want the answers to.
Very interesting interview Nate. Great job. Thank you.
In the movies the person goes to the last few seconds before the execution is done. How often does it actually happen that an execution is stopped at the last minute
I know of 10. Ted Bundy won a stay 6 hours before he was scheduled to be executed. He won several before he was finally executed but that one was down to the wire you could say. James David Autry was a very inhumane case. Needless was in his arm. Got a stay but it was only for 30 mins and then they proceeded.
Im in the UK, and I find it frightening that these people are discussing putting someone to death so calmly. I watched the sentencing of the man, and again, it seemed to me, almost without emotion. What do average Americans feel about the death penalty??
The death penalty was abolished in the UK almost 60 years ago. We decided that it should be used no longer.
I also think that the fact that a death sentence is hanging over someone for twenty, thirty, or maybe forty years is quite extraordinary. Here in the UK, that would be regarded as a cruel and unusual punishment.
Why on earth should a convicted criminal who has had a lengthy trial be given unending appeals until the death penalty is carried out. Maximum two appeals and either carry out the sentence or give them freedom. This smacks of lining peoples pockets rather than upholding justice. It's a ridiculous system and rather pointless IMO.
Exactly what the DP does. Lines peoples pockets. Look up how many people have actually been sentenced to death since it was reestablished in 1976 and how many we have actually executed. Why do we even have the death penalty? It’s such a waste of money.
"The brief's are really lengthy " ...sums it up!
Thank you
Wonder if Doomsday Cult leader Chad Daybell saw a vision that he would be executed
My sister served on a FL jury in 1993. Heinous crime. Slam dunk case. He’s still on death row.
Every time a see an inmate on death row he has all have been there for decades. You'd expect it would happen at least within 5 years.. Life without parole seems worse. Surviving and looking over your shoulder every second of the rest of your life.
Hi Nate!
Wow, so complicated!
Who was last person executed in Idaho ??
Idaho's most recent execution was in 2012, when Richard Albert Leavitt was put to death for the 1984 murder of Danette Jean Elg. However, on February 28, 2024, the execution of Thomas Eugene Creech was halted after medical personnel were unable to insert an IV line.
How do these laws get changed? It's sad that some families will never get to see full justice play out.
What is the position of the LDS Church regarding death penalty, anyone knows, thx
“The Church of Jesus Christ of Latter-day Saints regards the question of whether and in what circumstances the state should impose capital punishment as a matter to be decided solely by the prescribed processes of civil law. We neither promote nor oppose capital punishment."
@@pelorusjack007 Thank you very much for this enlightening reply, this position is a bit odd for a Church but why not.
How ineffectual
Cheers, Nate 👍. Only one thing that bugged me from that, and that was when referring to the speed of the Texas process, saying that he'd like to make sure he got it right... Do Texas ever get it wrong?
He actually said. "We don't want to be the first state in the Union to execute an innocent person." This is where I lose all credibility for this attorney with the Idaho attorney general's office. He's a horrible human being.
@@william_mac yes, I agree 👍. I appreciated his time explaining how the system works, but I felt that he was defensive when questioned about the time it took. A lot of dead wood in the offices. I'm actually from south UK, but followed Daybell's since kids went missing. I'm just a bit disappointed that everyone involved put so much time into this case, for us all to know he's going to be sat there for years. Alive longer than people that put everything into this, relatives of the victims etc.
I didn’t know this information.
Hi Nate😊
I have 1 resolution... how about hiring a nurse exceptionally well equipped to start IVs? I was on the Iv team at my hospital after only 3 years.. even if it's on an on-call basis Geez!
I’m sure they would love for you to volunteer. I couldn’t do it.
@18:08-18:53 hmmm🤨🤔 . Very interesting discussion. Thank you
25:50 I believe the attorney that filed the motion was they same attorney that filed the bonkers motion in the Daybell case.
Watching from Wheelock Vermont
The inmates on death row only get out of their cell 1 hour a day/every 24 hours.
Absolutely pointless and is why many states don’t bother! It sucks! 30 years waiting is not justice at all! Should only be couple years of appeals and that’s it!
Great interview Nate. Maybe people will start to see what a waste of money it is to have the death penalty is in this country. Life without parole. How many people has this country try executed since 1976? Take a guess and then google it. It’s less than 2k of those who have been convicted of capital murder.
Nate, its not bureaucracy. It's the law.
I saw Daybell mutter under his breath “she sure did” when the prosecutor stated he determined Tammy had to die. Even though he stayed stone-faced throughout the trial, he definitely feels no remorse. The appellate court should consider his lack of remorse over smothering his wife to death and lying about it.
Once through the Post Conviction then Chad could reject appeals on his behalf? If he did this how soon would he be put on death row?
The reason can be summed up in one word: lawyers. Murderers and butchers make lots of money for lawyers-victims do not. That is it, and all this crap about principles and procedures and processes is…well…just that.
What's the point of a death sentence there? And why have that building sitting unused. Just push up a pop-up tent no more often than y'all get around to swift and certain justice.
Thanks NATE for having this gentleman onto explain about the death penalty and appeals, butI don't believe in death penalty only God says when we die and it's much worse for that person to sit in a tiny cell with no privileges of any kind not allowed to interact with other inmates just sit and think about what they did to me this is much better torture on the defendant no visitors or phone calls either! Tylee, JJ, CHARLES and Tammy and even Alex didn't get a choice in whether they lived or died! My love and Prayers to all of the families that are dealing with this situation,God Bless them all! Thanks to all the prosecutors and Judge Steven BOYCE for their hard work in these cases! Nate you are so awesome in asking all the questions we would like to ask you are fantastic! Love to you and your family ❤❤❤😊😊😊from AKRON, OHIO
Nate THANK YOU for this interview.. very interesting. Way to comprehensively cover a trial dude! Your the real thing
Ridiculous
Is Emma still living in Prior’s house 🤔
“Lengthy briefs”. Legal oxymoron!
Interesting. Nice of this busy guy to provide all the appeal details. Can't fathom how they keep up with all of it. He must love it, 27 years! They need to speed it up for Chad! He's a monster!! I'm sure this is the worse case of depraved child murder in the area.
Wow Nellie! That is a long time, people knew what they were talking about back at the end of his trial, this will cost more money and the tax payers will be paying for him, just think! Him! Daybell! Ugh! What would actually be better, life with no parole or death which will last a long time which to me is the same amount of time as life in prison. This is not just a cut and dry decision. All the rights the convicted fellon, aka, Chad Daybell has is ridiculous! What rights did he give to the 3 plus super innocent people have when he decided to end them?! This is horrendous. God bless the jury, the judge and the citizens of Idaho 🙏
I have so much more understanding for vigilante justice from victim's loved ones.
I think when you have an overwhelming amount of evidence as in this case the DP should not take so many years! I get sometimes ppl are wrongfully convicted, but a lot of cases are overwhelming like this, what about the victims rights?
It’s sad this takes so long, I totally understand I do before we had these steps many innocent people were hanged because there was no due process for them. But people who kill other people just ended the life that’s it the end no more life to live for the victim but that perpetrator gets years it just sort of seems so unfair sometimes
Well not according to the attorney general's office in the state of Idaho. There's never been anybody executed wrongfully in the Union.
I gather prison must not be that bad if these criminals are fighting to live the rest of their lives there.
Timothy McVeigh chose to deny any appeals. He wanted to get it over with. That's our Oklahoma City Bomber of the Federal Building because he wanted justice for what happened at Waco.
O mundo civilizado já não tem pena de morte! Vergonha!
Let’s get a ‘Daybell Do-It-NOW’ law on the books. 😊
Seems like states like Texas move faster. Don’t all states follow the same rules
What is non-capital? Non-death penalty? So, if Chad is not on death row right now does he interact with other inmates?
Why do DP inmates have so many chances at appeals? Why so many rights? Should be 1 appeal,,if it is rejected, then that’s it! Chad was so totally guilty, was represented fairly, just no excuse. The transcript thing, why can’t at the end of each trial day the court reporters transcript be typed up, then when trial is over, a few days later the transcript of the whole trial is done. Those weeks, months, years of red tape is costing tax payers millions, imagine the cost of the inmate’s filing, lawyers, secretaries, clerks, inmate’s housing, etc every single day!! Our country’s red tape & ways of practicing this way is outrageous.
It takes so long because it takes most transcriptionists so long because there are normal audio issues. Whether that be someone not having their mic correct. Could be quite a few other issues. I know my wife does legal transcription and she is quite fast. 8 hour audio is 16 hours of work time. Being able to listen to audio and have it go in your ear and out your fingers correctly and accurately is absolutely mind-blowing.
Talk about making sure there’s job security for all the bureaucrat lawyers on the backs of taxpayers. Ridiculous.
Other states in the USA have the same issue as Idaho. Perhaps not quite as long, but some take a long time. The DP and the costs are ridiculous. Put these DP inmates in general population for life in prison without parole and the very unstable inmates can be put in solitary with one hour a day out for whatever they need to do, shower, go in the yard, or whatever is established by the prison system. Being in gen pop with people of all different types of personalities, etc. is no picnic. Keep all the lifers with no parole option in one area and those who are likely to get parole can be separated.
I don’t that’s what the founding Fathers intended! What man has made!
I'm sure Nate had to spend about 2 hours in the shower after this interview....very messy.
Texas don't play.
❤👏🍁
Will Korburger and Daybel be in the same unit?
That could be!!!! Kohberger is correct spelling, and Daybell with two L’s.
QQQwould there be any benefit in a quicker time frame if the jury is advised of these steps/timeframes prior to deciding on life/death. Might have been better for a life sentence in this case
Would it help if there was no death penalty just life? Like the whole appeal process!
There should be a limit of less than 5 years with one review and one appeal, that have to be finished less than 5 years from conviction.
The current system is a joke, the DP should be a deterrent and a merit of justice, but it is lacking in our system now.
Chad’s case was so important that I have no doubt the prosecution was totally thorough and the judge’s rulings were correct. The only weakness, if there was any, was Prior’s representation, which I highly doubt. However, since he accepted his property as payment I would not put it past him to agree to lousy representation in order to extend that monster’s life.