Indianapolis First Friends Meeting requests unshielded public records about the State of Indiana’s supply of Pentobarbital. It also calls Governor Holcomb’s attention to decisions by former Governors Daniels and Kernan to commute the sentences for three death row inmates in circumstances that seem very similar to Corcoran’s. The mental illness of those inmates was an important factor in each of those commutations. Indiana’s Executive Branch—while not bound by judicial stare decisis—is functionally bound by executive practice and custom in much the same way. Governor Holcomb should deem compelling certain prior commutations particularly compelling.
Indianapolis First Friends perceives state agencies are deliberately not forthcoming with information they believe Hoosiers have a right to know.
INDIANAPOLIS, Dec. 14, 2024 /PRNewswire-PRWeb/ — Frustration has reached an all-time high at a usually relaxed Quaker meeting in the heart of Indiana—a state where Joseph Corcoran, a paranoid schizophrenic, is scheduled to be executed on December 18.
“We just don’t understand what the secrecy is all about,” said the Clerk of Indianapolis First Friends, Carolyn Tinsley. “This should have resulted in a simple, clear response from the Governor’s Office, the Indiana Department of Correction, and the Public Access Counselor process. We feel we’ve been put through a ringer by these agencies to obtain straightforward public information” (see Addendum A).
These Friends aren’t alone in their opposition to the death penalty, as made clear by Jovita Neliupšienė, Ambassador of the European Union to the United States, in her letter to Governor Holcomb dated today (see Addendum B).
Urgent Request for Commutation to Indiana Governor Eric Holcomb:
We call the Governor’s attention to decisions by former Governors Daniels and Kernan to commute the sentences for three death row inmates in circumstances that seem very similar to Corcoran’s. The mental illness of those inmates was an important factor in each of those commutations. Indiana’s Executive Branch—while not bound by judicial stare decisis—is functionally bound by executive practice and custom in much the same way. Governor Holcomb should deem compelling the following commutations:
Arthur Baird – Governor Daniels wrote in his 2005 commutation order in the Baird case: “Courts recognized Mr. Baird as suffering from mental illness at the time he committed the murders, and Indiana Supreme Court Justice Ted Boehm recently wrote that Mr. Baird is ‘insane in the ordinary sense of the word.’ It is difficult to find reasons not to agree.”
Darnell Williams – Governor Kernan’s commutation order in 2004 in the Williams case stated: “The U.S. Supreme Court imposed a hard and fast rule that no one who is mentally retarded may be executed. The courts have set a clear legal standard, but it remains problematic to confidently place the solemn decision of life or death on a few [IQ] points on either side of a line. Williams’ mental status weighs as a factor in the clemency decision.”
Michael Daniels – Governor Kernan’s commutation order in the Daniels case in 2005 stated: “Daniels’ mental state casts further doubt on the appropriateness of his execution […] just above the retarded range […] While his low intelligence does not preclude his execution under constitutional principles, it made it more difficult for him to assist his attorneys in providing him a defense. Moreover, for some time Daniels has been psychotic and unable to assist in his defense at all […] Daniels’ paranoia and delusions render him unable to make rational choices about his own fate, so that his interests must be represented by a guardian.”
By all accounts, Joseph Corcoran, like Baird, Williams and Daniels, suffers from severe mental illness. The commutation orders for Baird, Williams and Daniels are relevant to the clemency petition on Corcoran’s behalf now pending before Governor Holcomb.
About First Friends Meeting:
Indianapolis First Friends Meeting, 3030 Kessler Blvd E. Dr., is the largest Quaker meeting in the State of Indiana. As our Pastor, Bob Henry, recently stated: “we believe our penal system should not be based upon vengeance and more death, but on the healing of communities torn apart by violence, the restoring of families who have suffered unimaginable pain, the possibility of the rehabilitation of criminals, transparency in all processes, respect for all people including the criminally accused, genuine attempts to heal sick minds, and reaffirming the dignity of all persons before God and the law.”
For more information, please contact:
Peter Racher, Plews Shadley Racher & Braun LLP
317-637-0700
Addendum A:
History of Public Record Requests
Capital punishment is anathema to Quakers—and many other Christian denominations and faiths—who have worked for centuries for peaceful and non-violent resolution. As a result, and while deeply mourning the loss of Corcoran’s four victims over a quarter century ago:
– On October 22, First Friends sent a letter to Governor Holcomb a request that among other actions, he use “his power and influence as Governor” to reverse course on the death penalty, grant clemency, and “reveal or cause to be revealed to the citizens of Indiana: (1) the cost; (2) national origin; (3) expiration dates; (4) methods of storage; (5) training on; and/or (6) dosage of pentobarbital intended for use in upcoming executions.
– On October 28, First Friends received a response from the Governor’s Deputy General Counsel, Michael Nossett, minimizing the Meeting’s letter, among other issues, as merely “thoughts about capital punishment” and “a request for public records,” and “best [directing First Friends] to the Indiana Department of Correction [as] the agency most likely to maintain them.”
– On October 30, First Friends replied to the Governor Holcomb via cc to Counsel Nossett clarifying that it “did not make a request pursuant to APRA in [that] letter, but that it had intended to appeal as Indiana residents and people of faith to [the Governor’s] pursuit of transparency and good governance for all Hoosiers,” and reminded, among other details, the Governor about the community “discussion about this topic being held on November 11 at 6p at the Meetinghouse.”
– On November 11, the community discussion at First Friends brought together members of various faith communities—Methodists, Lutherans, and Disciples of Christ among others—to discuss what actions to take with regard to the State’s lack of transparency on this matter.
– On November 17, in a letter addressed to “Governor Holcomb, Mr. Nossett, [IDOC] Commissioner Christina Reagle, and [IDOC Chief Legal Counsel] Ms. [Anna] Quick” First Friends made a request for these public records under APRA, in which it also reminded in relevant part that “[I]f the Governor’s Office or the IDOC do not maintain or control access to these public records [First Friends sought] the proper custodian…by November 26…” (this request was uploaded to the DOC portal the following day).
– On November 27, First Friends filed a Formal Complaint with the Public Access Counselor, Luke Britt, detailing previous correspondence.
– On December 2, Mr. Britt replied to all November 17 recipients: “Please be advised that I am in receipt of your 11/27/24 complaint against the Office of the Indiana Governor and the Indiana Department of Correction. It does not appear as if grounds for a complaint exist in your narrative as a reasonable time has not elapsed from the date of your 11/17 request and the date of the submission of your complaint. While an agency is obligated to acknowledge your request within seven days, an agency then has a reasonable time to produce the records in question. See Ind. Code sections 5-14-3-3(b) & 9(b)(2). Because you submitted the request through the IDOC portal – as indicated in your narrative – you would have received an instant, automated response which satisfies the seven-day acknowledgement deadline. I would not consider a reasonable time to have elapsed in the interim to constitute a constructive denial. Nevertheless, there is a pending complaint from both a media outlet and Mr. Corcoran’s public defender which will be consolidated into a single advisory opinion. This addresses a portion of your complaint and an advisory opinion is forthcoming. Should the remainder of your request that is not addressed in that advisory opinion be denied, I will consider those portions ripe for a complaint if or when a denial is issued.”
– On December 4, First Friends replied to Mr. Britt resubmitting that “there is no indication anywhere in Mr. Nossett’s reply that the Governor’s Office does not maintain or have access to these records. In fact, there is compelling evidence to the contrary, including the Governor’s statement on June 28: ‘[w]e’ve tried to acquire the means to carry out our duty, and to follow along, and carry out the law…[a]nd we’re in a position to do that…[s]o we are.'” First Friends also expressly “requested a filing by [the PAC] that the Governor’s Office has failed to timely respond to [the] Request duly made under APRA…[and those at the] Governor’s Office should be immediately produced.”
– On December 5, Counsel Nossett replied in relevant part: “Your letter specifically notes that you were ‘taking the recommendation of Mr. Nossett’ to file a request with IDOC, were seeking records ‘from the Indiana Department of Correction,’ and were ‘sending this letter to the Governor’s Office with hope for Governor Holcomb’s advice and support in this matter.’ Our Office did not acknowledge your letter under APRA because we did not consider it to be a public records request directed to the Governor’s Office, but rather that it was directed to IDOC.” Less than a half hour later, Mr. Britt replied to First Friends and Counsel Nossett with “All, This was my assessment of the situation as well. I do not believe a complaint is ripe for review.”
– On December 6, in a letter to all prior recipients, First Friends expressed “disappoint[ment] to learn that, like the Governor’s Office and Department of Correction, Indiana’s Public Access Counselor would prioritize questionable legalistic format and process requirements over the express purpose and function of the APRA statue by using unsubstantiated procedural particularity to obfuscate reasonable access to public records.” In that same correspondence, “and without prejudicing the prior requests for access to which we believe we are already entitled under the theories contained in the preceding paragraphs, we hereby: (a) make (or in the alternative, renew) the following request under APRA: For any and all public records from the Indiana Governor’s Office…[see above, with the addition to “and/or nations where such substances are compounded to (3)]; (b) renew, with urgency, our request under APRA: For any and all public records from the Indiana Department of Correction…[see supra]; and (c) make, in the first instance, the following request under APRA: For any and all public records from the Indiana Public Access Counselor’s Office…[see supra]
– On December 10, Counsel Nossett responded: “The Office of the Governor has received your request for public records. Please accept this correspondence as an acknowledgement of your request. As previously shared, the Governor’s Office uses the Governor’s APRA Portal to log, track, and respond to APRA requests, located at https://in.accessgov.com/gov-apra. Accordingly, we ask that you please submit this request through the APRA Portal.” First Friends re-supplied the Governor’s Office with its request through this portal the following day.
Addendum B
(Text only)
EUROPEAN UNION
DELEGATION TO THE UNITED STATES OF AMERICA
The Ambassador
Washington, December 13
The Honorable Eric J. Holcomb
Office of the Governor
Statehouse
Indianapolis, Indiana 46204
Dear Governor Holcomb,
I am writing to express my deep concern regarding the planned execution of Mr. Joseph Corcoran, who is scheduled to be executed on December 18 by the State of Indiana. I respectfully urge you to grant him clemency.
Mr. Corcoran has been diagnosed with paranoid schizophrenia and has experienced several delusions, including his belief that prison guards are torturing him. His attorneys describe Mr. Corcoran’s symptoms as “debilitating” and note that he has been unable to assist them with his defense. In fact, Mr. Corcoran volunteered to be executed as he believes his execution will “relieve him from the pain” of the torture he believes is being inflicted on him. Although the European Union opposes the death penalty in all circumstances, we find it especially cruel to execute someone with severe mental illness. Moreover, it is a violation of international death penalty safeguards to carry out capital punishment on individuals with a psychosocial disability.
Furthermore, Mr. Corcoran’s execution would mark a resumption of executions in Indiana after 15 years. If this execution is carried out, Indiana will join a small group of outlier states that rely on this inhumane and degrading punishment. The EU strongly opposes the death penalty at all times and in all circumstances. It is a violation of the right to life and fails to act as a deterrent to crime. It represents the ultimate punishment that makes miscarriages of justice irreversible. All 27 of the European Union’s Member states have abolished the death penalty and we know from experience that it is possible to end the use of capital punishment while still effectively prosecuting serious crime and standing by victims. Even in European countries where the majority of citizens was in favor of the death penalty before its abolition, public opinion turned rapidly against capital punishment after it was extinguished, showing that clemency and compassion lead neither to an increase in violent crime nor to social disapproval.
As you enter the final days of your gubernatorial term, we want to thank you for the great cooperation between the European Union and your administration over the years. We look forward to continuing to foster close ties with Indiana and promoting our shared objectives, and we wish you all the best for the future.
Respectfully yours,
Jovita Neliupšienė
Ambassador of the European Union to the United States
Media Contact
Peter Racher, Plews Shadly Racher & Braun, LLP, 1 317-637-0700, [email protected], www.psrb.com
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