A death-row inmate is seeking a stay of execution on allegations that prison guards gave him the razor blades he tried to kill himself with on Tuesday.
At a hearing in federal court, a lawyer for Brandon Rhode said 2 guards gave razor blades to the condemned killer shortly before he tried to commit suicide on Tuesday. After the suicide attempt, Rhode was rushed to a hospital. His execution, which was to be carried out Tuesday, was postponed.
On Thursday, William Montross asked U.S. District Judge Bill Duffey to postpone the execution, now rescheduled for 9 a.m. Friday, so an investigation can be conducted to find out what happened.
Joe Drolet, a lawyer for the state Attorney General's Office, opposed the stay of execution and disputed the allegations.
Rhode had concealed the razor blade and used it to cut his neck and arms while laying under a blanket, Drolet said. At that time, he was being observed by guards, who could not see what was happening under the blanket and who took action after they saw blood.
"There's not a pattern of recklessly handing out razors to suicidal death row inmates," Drolet said. "None of that exists here."
The DOC, he said, is now protecting Rhode from killing himself. This includes strapping him into a chair and making sure he cannot hurt himself with his hands, Drolet said.
Duffey indicated he was not inclined to postpone the execution. Instead, he said, he may order the DOC to make sure it does all it can to keep Rhode from harming himself again.
Duffey said he was troubled by the state's handling of the situation. "What I've seen so far is not only disturbing to the court, it's disturbing to the public," he said.
Montross told Duffey there is no question whether Rhode will eventually be executed. His days are numbered, he said.
"But an assurance from the state [a suicide attempt] is not going to happen again is not enough," Montross said
Rhode sits on death row for killing 37-year-old Steven Moss, and his 11-year-old son Bryan and 15-year-old daughter Kristin in 1998. Upon returning to the family's Jones County home, Bryan confronted Rhode and a co-defendant, who also sits on death row, after seeing the 2 18-year-olds burglarizing the house. The 2 men then killed Bryan and, after they arrived, his sister and father.
Source: Atlanta Journal-Constitution, September 23, 2010
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