State denied request to lift stay of execution

Published 9:48 pm Wednesday, November 26, 2008

OLYMPIA — Washington state on Wednesday asked the U.S. Supreme Court to lift a stay of execution for Darold Ray Stenson, after a lower court rejected the request.

Stenson, 55, has been scheduled to be executed Dec. 3 for the 1993 murders of his wife and a business partner in Clallam County. But two separate courts issued stays on Tuesday.

The 9th U.S. Circuit Court of Appeals in San Francisco on Wednesday rejected the state’s motion to lift a federal court stay, saying the motion is moot because a second stay is already in place. The appeals court said the state could refile its motion if the other stay is lifted.

However, the state filed paperwork late Wednesday asking the Supreme Court to consider lifting the federal stay in the meantime, said state Assistant Attorney General John Samson.

U.S. District Judge Lonny Suko in Yakima approved the stay, requested by Stenson attorneys who argued that the state last month revised its procedure for administering lethal injections, without previously announcing any changes or going through a rule-making process.

Clallam County Superior Court Judge Kenneth Williams issued the second stay Tuesday after learning a former inmate had come forward as a possible witness.

According to a court transcript, the new witness, Robert Shinn, claimed a second man had told him that Stenson was not guilty and had been framed.

Shinn said both he and the second man were high on drugs at the time of the conversation, about eight years ago, the transcript indicated.

Clallam County Prosecuting Attorney Deb Kelly on Wednesday filed a request that the state Supreme Court review Williams’ decision.