For the third time in four years, Texas is hoping to execute Stephen Barbee Wednesday evening. But first, it must wait for courts to rule once again on the state’s handling of the prisoner’s religious rights in the death chamber.
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The Texas Department of Criminal Justice notified the court it would appeal the ruling moments later, leaving the execution pending the higher courts’ decisions. Early last year, the Texas court finally handed down a highly technical ruling concluding Barbee wasn’t eligible for a new trial because he didn’t tell his attorneys clearly enough that he wanted to maintain his innocence.
Hoyt agreed, saying earlier this month that Texas could carry out Barbee’s execution only if it updated its execution policy in a clear and consistent manner with U.S. Supreme Court rulings. “Texas [TDCJ] may proceed with the execution of Stephen Barbee only after it publishes a clear policy that has been approved by its governing policy body that protects Stephen Barbee’s religious rights in the execution chamber … and, sets out any exceptions to that policy, further describing with precision what those exceptions are or may be,” Hoyt said in his injunction.
For 15 years, Barbee has increasingly lost his range of motion in numerous joints, resulting in him being unable to straighten his arms. His disability has long been documented in his prison medical records, resulting in him using a wheelchair and needing a tool to clean himself after using the bathroom, according to court filings. The prison uses handcuff extensions on him because he can’t put his hands behind his back.
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