A series of strokes has left Vernon Madison legally blind and unable to walk independently. (EJI)
The United States Supreme Court stayed the execution of Vernon Madison tonight, blocking Alabama's attempt to execute a 67-year-old man suffering from dementia and serious mental health problems following multiple strokes. Mr. Madison is legally blind, incontinent, cannot walk without a walker, speaks with slurred speech, and has no memory of the crime or the circumstances that brought him to death row. Mr. Madison has long suffered from mental illness but when he became extremely confused and disoriented, told his lawyers he was going to move to Florida, and could no longer remember his crime, concerns about his competency were raised. Experts agree that Mr. Madison's vascular dementia is likely the result of several strokes he experienced in 2015 after he had been held in solitary confinement on Alabama's death row for 30 years.
Mr. Madison was convicted of the shooting death of a Mobile police officer in 1985. His first trial was overturned after reviewing courts found that the prosecutor had engaged in intentional racial discrimination during jury selection by excluding black people. Mr. Madison, who is black, was tried a second time, convicted, and sentenced to death. Courts again found that prosecutors had engaged in misconduct and illegally convicted him.
After a third trial, Mr. Madison was convicted but jurors sentenced him to life imprisonment without parole. An elected trial judge overrode the jury's verdict of life and imposed a sentence of death. After recent Supreme Court rulings, the Alabama legislature barred the practice of overturning jury life verdicts in 2017 but did not apply the new law retroactively.
After Mr. Madison was scheduled for execution in 2016, a federal appeals court found that he was incompetent to be executed because he had no rational understanding of the crime for which he was convicted. The court held that executing a person currently suffering from dementia would be cruel and unusual punishment. The Supreme Court overturned the lower court ruling in 2017 and declared that a federal court in a habeas proceeding is not authorized to make a decision about the unresolved question about whether dementia qualifies as a basis for barring an execution under the Eighth Amendment.
It was recently discovered that the expert who concluded that Mr. Madison was competent to be executed was illegally abusing narcotics at the time he conducted his evaluation of Mr. Madison. He was arrested on felony drug charges days after the competency hearing and is now facing criminal charges; he has also been disqualified from medical practice.
EJI argued that the unreliability of the competency assessment by the now-discredited physician and Mr. Madison’s uncontradicted dementia and impaired mental health establish a basis for stopping his execution. The Supreme Court granted EJI's motion for a stay of execution and will now consider Mr. Madison's petition for review.