Brandon Rhode's Suicide Attempt Left Him Too Brain Damaged To Be Put To Death, Lawyer Claims


The lawyer for the Georgia inmate set to be executed this evening made a last ditch effort to stop his client's death, arguing that Brandon Joseph Rhode's recent suicide attempt left him too brain damaged to justify the death penalty.
The Georgia Supreme Court is expected to rule later today on whether that stay will be issued, but the Georgia State Attorney General issued a recommendation that the court deny the request shortly after it was filed by Kammer.
According to the documents obtained by ABCNews.com, Kammer refers to Rhode's impending execution as "nothing more than the purposeless and needless imposition of pain and suffering."
"The execution of Mr. Rhode is nothing less than a descent into brutality," the legal brief argued.
"The threat of execution has pushed Mr. Rhode's limited coping skills to the breaking points," wrote Kammer. "Upon information and belief, he is no longer competent to be executed."
Kammer's appeal comes after last week's suicide attempt by Rhode just hours before Rhode was
The Georgia Supreme Court is expected to rule later today on whether that stay will be issued, but the Georgia State Attorney General issued a recommendation that the court deny the request shortly after it was filed by Kammer.
According to the documents obtained by ABCNews.com, Kammer refers to Rhode's impending execution as "nothing more than the purposeless and needless imposition of pain and suffering."
"The execution of Mr. Rhode is nothing less than a descent into brutality," the legal brief argued.
"The threat of execution has pushed Mr. Rhode's limited coping skills to the breaking points," wrote Kammer. "Upon information and belief, he is no longer competent to be executed."
Kammer's appeal comes after last week's suicide attempt by Rhode just hours before Rhode was originally scheduled to be executed. 
Rhode was found in an observation cell at the infirmary of the Georgia Diagnostic Prison with his arms and neck slashed with "deep gaping wounds," according to court documents.
Rhode, according to the court documents, is believed to have used a razor blade to "make deep cuts into the veins in his arms and neck, while underneath a blanket, ostensibly in view of two prison guards."
"He was unconscious for undetermined amount of time, lost control of his bowels, and entered hemorrhagic shock- a condition associated with prolonged oxygen deprivation to the brain which may well have resulted in severe brain damage, adding to brain impairments with which Mr. Rhode has already been diagnosed," wrote Kammer.
Georgia Attorney General Thurbert Baker urged the court to reject the petition and said that Rhode had made it clear on more than one occasion that he is aware of his death sentence.
According to court documents filed by Baker's office, psychiatrist Dr. Richard Adler testified that Rhode told him he attempted suicide because " he wanted to make the decision how he died."
"He said he wanted to do it himself so he would not be put down like a dog. He said that they were going to try to put him down like a dog, that what was going to be used on him wouldn't even be used on a dog," Adler said in court documents.
Adler also said that Rhode said that he thought it was a "waste of money" for the hospital to resuscitate him after his suicide attempt because "he was just going to be fixed up to be killed."
In other court documents filed last week, Kammer argued that prison guards failed to "take reasonable steps to prevent his suicide attempt."
"[Prison employees] have demonstrated an inability to protect death-sentenced prisoners from self-harm and suciide in the time leading up to scheduled executions," said Kammer.

Brandon Joseph Rhode to be Executed Tonight in Georgia

Rhode's execution is still scheduled for 7 p.m. this evening, according to a spokeswoman for the Georgia Department of Corrections. If executed, he will be the 25th person put to death by the state, the last one was in June.
Rhode was convicted in 2000 for a triple-murder of a father and his two young kids during a robbery of their Georgia home. He was 20 at the time he commited the crime.
Last week Rhode had not requested a final meal and will receive the standard meal tray being served at the prison.
Rhode's scheduled execution comes on the heels of another high-profile execution in Virginia last week that also brought into question the legality or at least the morality of executing offenders with limited mental capacity.
Teresa Lewis, 41, died by lethal injection on Sept. 24, putting an end to a long debate over whether Lewis deserved to die, with supporters saying she was borderline mentally retarded, despite the prosecution's claim that she was the mastermind of her husband's and stepson's murders.
Lewis' final words were a message for the daughter of the husband she had killed.
"I just want Kathy to know that I love her, and I'm very sorry," she said.


 
The lawyer for the Georgia inmate set to be executed this evening made a last ditch effort to stop his client's death, arguing that Brandon Joseph Rhode's recent suicide attempt left him too brain damaged to justify the death penalty.
The Georgia Supreme Court is expected to rule later today on whether that stay will be issued, but the Georgia State Attorney General issued a recommendation that the court deny the request shortly after it was filed by Kammer.
According to the documents obtained by ABCNews.com, Kammer refers to Rhode's impending execution as "nothing more than the purposeless and needless imposition of pain and suffering."
"The execution of Mr. Rhode is nothing less than a descent into brutality," the legal brief argued.
"The threat of execution has pushed Mr. Rhode's limited coping skills to the breaking points," wrote Kammer. "Upon information and belief, he is no longer competent to be executed."
Kammer's appeal comes after last week's suicide attempt by Rhode just hours before Rhode was
The Georgia Supreme Court is expected to rule later today on whether that stay will be issued, but the Georgia State Attorney General issued a recommendation that the court deny the request shortly after it was filed by Kammer.
According to the documents obtained by ABCNews.com, Kammer refers to Rhode's impending execution as "nothing more than the purposeless and needless imposition of pain and suffering."
"The execution of Mr. Rhode is nothing less than a descent into brutality," the legal brief argued.
"The threat of execution has pushed Mr. Rhode's limited coping skills to the breaking points," wrote Kammer. "Upon information and belief, he is no longer competent to be executed."
Kammer's appeal comes after last week's suicide attempt by Rhode just hours before Rhode was originally scheduled to be executed. 
Rhode was found in an observation cell at the infirmary of the Georgia Diagnostic Prison with his arms and neck slashed with "deep gaping wounds," according to court documents.
Rhode, according to the court documents, is believed to have used a razor blade to "make deep cuts into the veins in his arms and neck, while underneath a blanket, ostensibly in view of two prison guards."
"He was unconscious for undetermined amount of time, lost control of his bowels, and entered hemorrhagic shock- a condition associated with prolonged oxygen deprivation to the brain which may well have resulted in severe brain damage, adding to brain impairments with which Mr. Rhode has already been diagnosed," wrote Kammer.
Georgia Attorney General Thurbert Baker urged the court to reject the petition and said that Rhode had made it clear on more than one occasion that he is aware of his death sentence.
According to court documents filed by Baker's office, psychiatrist Dr. Richard Adler testified that Rhode told him he attempted suicide because " he wanted to make the decision how he died."
"He said he wanted to do it himself so he would not be put down like a dog. He said that they were going to try to put him down like a dog, that what was going to be used on him wouldn't even be used on a dog," Adler said in court documents.
Adler also said that Rhode said that he thought it was a "waste of money" for the hospital to resuscitate him after his suicide attempt because "he was just going to be fixed up to be killed."
In other court documents filed last week, Kammer argued that prison guards failed to "take reasonable steps to prevent his suicide attempt."
"[Prison employees] have demonstrated an inability to protect death-sentenced prisoners from self-harm and suciide in the time leading up to scheduled executions," said Kammer.

Brandon Joseph Rhode to be Executed Tonight in Georgia

Rhode's execution is still scheduled for 7 p.m. this evening, according to a spokeswoman for the Georgia Department of Corrections. If executed, he will be the 25th person put to death by the state, the last one was in June.
Rhode was convicted in 2000 for a triple-murder of a father and his two young kids during a robbery of their Georgia home. He was 20 at the time he commited the crime.
Last week Rhode had not requested a final meal and will receive the standard meal tray being served at the prison.
Rhode's scheduled execution comes on the heels of another high-profile execution in Virginia last week that also brought into question the legality or at least the morality of executing offenders with limited mental capacity.
Teresa Lewis, 41, died by lethal injection on Sept. 24, putting an end to a long debate over whether Lewis deserved to die, with supporters saying she was borderline mentally retarded, despite the prosecution's claim that she was the mastermind of her husband's and stepson's murders.
Lewis' final words were a message for the daughter of the husband she had killed.
"I just want Kathy to know that I love her, and I'm very sorry," she said.


 
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