Attorneys representing convicted murderer Alfred Bourgeios are moving for a postponement of his execution, scheduled later this week, because they claim federal capital punishment law clearly prohibits the execution of a death sentence on a mentally disabled prisoner.
Bourgeois was sentenced to be executed by lethal injection on Friday at the Federal Correctional Complex in Terre Haute, Indiana. He was convicted of ill-treating, torturing and beating his young daughter while making a delivery at Corpus Christi Naval Air Station in July 2002.
On March 16, 2004, a jury in the US District Court for the Southern District of Texas found the bourgeoisie guilty of murder within the special territorial jurisdiction of the United States and unanimously recommended a death sentence that the court handed down. His conviction and verdict were upheld on appeal, and his security relief requests were ultimately denied by federal courts.
In July 2019, his execution was scheduled for January 13, 2020, but legal obstacles prevented the government from proceeding at that time.
“Congress intended for [the Federal Death Penalty Act] to do what it says: prevent the execution of a death sentence against a mentally handicapped prisoner like Mr Bourgeois, ”claim Bourgeois lawyers. And the decision of the Seventh Circle “to give the FDPA no presence. . . create[s] A blanket rule according to which some federal prisoners who identify themselves are inevitably executed, ”they say.
On the basis of an objection from two judges, the appeals court ruled that it does not matter whether Mr Bourgeois is mentally retarded.
“Alfred Bourgeois is mentally retarded by current standards,” according to leading medical organizations and previous Supreme Court rulings.
A district court recently ruled that Mr. Bourgeois had made a “strong demonstration” of intellectual disability, but a US 7th Circuit Court of Appeals panel ordered his case to be dismissed on the grounds that another court denied him years earlier was entitled to intellectual disability based on standards now known to be invalid and unreliable.
The Seventh Circle refused to retry on December 1, 2020 due to an objection from two judges who voted to maintain the stay of execution and allow a hearing on Mr. Bourgeois’ intellectual disability.
The Bourgeois legal team is seeking a review by the Supreme Court of the Seventh Circle’s decision that it does not matter whether or not he is mentally retarded, as he believes Bourgeois had his claim reviewed once, albeit under invalid standards and procedural restrictions override the possible violation of the federal law. The Seventh Circle’s decision undermines federal law prohibiting the execution of a mentally retarded person, argues the petition, “and creates an unconstitutional rule that some federal prisoners who hold ID will be executed.”
Bourgeois lawyers argue that without review by the Supreme Court, the government will violate federal law and the Constitution by executing him despite his well-documented intellectual disability.