CHICAGO (AP) — Indiana will execute a man convicted of the 2001 rape and murder of a teenage girl, the state’s third execution since it reinstated the death penalty last year.
Roy Lee Ward is scheduled to be executed before sunrise Friday at Michigan City State Prison in Indiana. The 53-year-old has exhausted all legal avenues to challenge the verdict.
Ward’s lethal injection comes amid questions over Indiana’s handling of pentobarbital, the drug used in recent executions in the state.
Let’s take a closer look at this case:
A brutal death occurs in an Indiana town
Authorities said Ward entered the home of 15-year-old Stacy Payne on July 11, 2001, raped her and beat and stabbed the girl multiple times with dumbbells and a knife. She was airlifted from Delltown to a hospital where she died hours later.
Former town Sheriff Matt Keller discovered Stacey and arrested Ward, who was still at the home.
“I can’t imagine the immense pain, suffering and sheer terror that Stacey experienced in the final moments of her young life,” Keller said at Ward’s pardon hearing in Indianapolis last month.
Payne’s death shocked the southern Indiana community of about 1,500 people. Her father still lives in the house, and her collection of Raggedy Ann dolls remains untouched.
A nearby church planned to hold a prayer vigil hours before the execution to “share precious memories.”
long court battle
Ward’s case has been in court for decades. In 2002, he was found guilty of murder and rape and sentenced to death. But the Indiana Supreme Court overturned the conviction and ordered a new trial.
Ward later pleaded guilty in 2007. The U.S. Supreme Court declined to hear the case in 2017.
Two years later, he sued the state of Indiana to stop all executions. He argued that Indiana carries out “the death penalty in a manner that is arbitrary” and “offends evolving standards of decency.”
The Indiana Supreme Court last month refused to grant a stay of execution. That’s when Gov. Mike Braun denied Ward clemency as board members noted the “brutal nature” of the killing.
State prosecutors cited Ward’s criminal history, including indecent exposure charges and robbery convictions, in arguing against clemency.
“He is a murderer and a rapist,” Deputy Attorney General Taylor Banks told the parole board. “He was also predatory and manipulative.”
Lawyers said Ward had exhausted legal avenues.
“He was quite resigned to the fact that this had happened and had been happening for some time,” said Joanna Green, one of Ward’s attorneys. “He said, ‘If I could take every bit of the pain that I caused, I would.'”
Questions about death penalty drugs
Indiana will resume executions in 2024 after a 15-year hiatus. State officials say they have been able to obtain drugs used in lethal injections that have been unavailable for years.
But the drugs are expensive, more than $1 million for four doses. In June, Braun said the state would not immediately buy more product, raising questions about whether Indiana would consider a new enforcement approach. First-term Republicans pointed to the high cost and short shelf life.
Ward’s lawyers challenged the drug’s use in court, saying it can cause instantaneous pulmonary edema, in which fluid rushes into the lungs and airways through rapidly disintegrating membranes, causing pain similar to suffocation. They noted that witnesses to Ben Rich’s execution in May said the man was leaning forward before he died.
“There are many unanswered questions about what happened during Ben’s execution,” Green said.
Of the 27 states with death penalty laws, Indiana is one of two that bans media testimony.
Indiana Department of Corrections officials confirmed Wednesday that the agency has “sufficient pentobarbital to follow the protocols required for executions,” but had no further comment.
Green said they discovered through litigation that the pentobarbital used in Ward’s execution was manufactured, not synthetic. Ward’s lawyers said this meant people no longer had to worry about drugs spoiling quickly and they were assured they were being handled correctly, including temperature control. That lawsuit was dropped, as was another legal challenge over conditions in the execution chamber.
Commemorating the love of life
Relatives said Payne loved the song “You Are My Sunshine” and was full of energy.
Her mother, Julie Wininger, told the parole board she was an honor student and cheerleader who was saving money by working at a pizza parlor.
“Stacey’s life was so short but filled with so much meaning,” she said.
Wenninger counted each of the more than 8,000 days since Payne’s death. She asked the parole board for justice.
“We will never see Stacey smile again,” Wenninger said, crying. “We will never hear her voice and never have the pleasure of watching her grow into the incredible woman she was meant to be.”
his last days
Ward declined an interview request from his attorney and rarely speaks publicly.
He made no comment when he was sentenced in 2007. He also declined an interview with the parole board, saying he did not want to force the victim’s family to travel to Michigan City. The lawyer also said he was remorseful but had difficulty expressing it.
Ward was recently diagnosed with autism spectrum disorder, an issue lawyers raised in the challenge.
In a Sept. 17 affidavit, Ward said he refused to appear before the parole board because “due to my learning disability and speech impediment, it is sometimes difficult for me to express the exact message I want to convey.”
He lost relatives in prison, including his mother, who moved to Michigan City to be closer to him. Through the prison program, he cared for a cat named Sadie who was rehomed before being executed.
He renewed his faith and was baptized in prison. He is in close contact with spiritual advisers, who say he regrets it.
“He didn’t hide the fact that this happened,” Deacon Brian Nosbusch said. “He’s definitely a changed person.”
