Lawyer Chooses Lethal Injection for Client in South Carolina's First Execution in 14 Years
Earlier this month, we reported on South Carolina’s execution dilemma. This came after a shortage of lethal injection drugs, as manufacturers, influenced by public opposition to capital punishment, refused to sell the compounds. The state had passed a 2021 law that made electrocution the primary execution method and allowed firing squads as an option, while keeping lethal injection contingent on drug availability.
The first scheduled firing squad execution was halted by the South Carolina Supreme Court to review legal challenges. These challenges argued that electrocution and firing squads violated the state’s constitution, which prohibits cruel, corporal, or unusual punishment. The court's majority opinion, however, upheld the new law, reasoning that since capital punishment is constitutional, there must be a constitutional method for it.
Consequently, the state now has all three execution methods—lethal injection, electrocution, and firing squad—ready for use, as it moves forward with scheduling executions. Now, we are starting to see these options play out in practice. Emily Paavola, a lawyer in Columbia, South Carolina, has just chosen the lethal injection option for her client, Freddie Owens. You read that right: the lawyer chose for the defendant.
Owens’ Death Sentences
Owens claimed that she didn’t want to make the decision herself because he had religious qualms. As a follower of Islam, Owens says that his religion considers making the choice to be a sin. He says that he essentially considers deciding on the method of his execution as “tantamount to suicide.”
Owens was involved in a notable criminal case stemming from the 1997 shooting death of Irene Graves, a store clerk, in South Carolina. He and an accomplice were convicted of robbing a Speedway convenience store in Greenville and fatally shooting Graves during the robbery. The case has been the subject of various appeals and legal proceedings over the years.
In 1999, Owens was sentenced to death for his role in the crime. His case has seen numerous appeals on various grounds, including claims of ineffective assistance of counsel and issues related to his mental health, and there have been multiple resentencing hearings over the years. He went through overturning of his death sentence and being resentenced to death twice in 2003 and 2006.
Lawyer Granted Power to Decide
Long after that, in 2015, Owens converted to Islam. When it came time to decide his method of execution, he petitioned the South Carolina Supreme Court to grant one of his lawyers (Paavola) power of attorney to decide for him, citing his religious conflict as grounds.
After she was granted the power, Paavola said in a statement that she made what she thought was the best possible decision for Owens. If she hadn’t made the choice for him, he would have been scheduled to be executed by South Carolina’s default method, the electric chair.
His execution was scheduled for this evening, but just before that could happen, his lawyers appealed his conviction to multiple courts.
Last-minute Appeals
In what seemed like a legal Hail-Mary, attorneys for Owens filed an emergency motions to both the South Carolina Supreme Court and the U.S. Fourth Circuit Court of Appeals, citing a new affidavit from his co-defendant, Steven Golden.
Golden now claims that Owens not only did not commit the murder, but he was not even present at the Speedway when Graves was killed. This testimony contradicts the sworn testimony collected over years. Owens attorneys claim that Golden previously lied to investigators because he feared for his life if she should name the person responsible for killing Graves.
Owens Still Scheduled for Execution
The South Carolina Supreme Court denied the appeal, unconvinced that Golden had lied about his prior testimony. The Fourth Circuit similarly denied their appeal, unconvinced by defense attorneys’ arguments that the state of South Carolina had not provided enough information about the lethal drugs they intended to use.
Death penalty opponents, including the South Carolina ACLU and South Carolinians Against the Death Penalty, urged the governor to commute Owens' sentence to life imprisonment, citing high costs and lack of accountability for victims. Ensley Graves-Lee, the victim's daughter, expressed mixed feelings, hoping the execution would bring some closure to her family's long ordeal.
Ultimately, all last-ditch attempts to appeal Owens’ sentence failed. Owens died on September 20 by lethal injection.
Related Resources:
- Death Penalty Sought for Buffalo Mass Shooter (FindLaw's Courtside)
- South Carolina Supreme Court Breathes New Life Into Old Execution Techniques (FindLaw's Courtside)
- Cruel and Unusual Punishment (FindLaw's Learn About the Law)