BOISE, Idaho — Attorneys for Idaho's longest death row inmate, Thomas Creech's attorneys, presented oral arguments to a panel of judges as to why Creech's Feb. 28 execution should be put on hold.
Two appeals were brought before the Idaho Supreme Court Monday morning, where public defenders asked for a stay on his scheduled execution.
The appeals claim the decision should be reconsidered primarily due to a concurrent U.S. Supreme Court appeal and concerns surrounding the fact his execution was imposed by a judge and not a jury.
This is the 73-year-old's 12th death warrant, signed by Ada County Judge Jason D. Scott in January. He has avoided 11 warrants since his initial murder convictions in 1974.
In two separate hearings on Monday, Feb. 5 at 8:50 a.m. and 10 a.m., attorneys Garth McCarty and Jonah J. Horwitz argued two appeals to stop the execution.
The first appeal concerned pending proceedings with the U.S. Supreme Court and a previous IAC (ineffective assistance of counsel) claim regarding ineffective counsel from his former legal representation. Additionally, the defense argued the claim should have been remanded to the district court. Under Idaho law referencing capital post-convictions, Creech is entitled to a hearing.
The second appeal hearing heard arguments by Creech's attorneys stating his judge-imposed death sentence should be reevaluated because when he was sentenced to death it was from a judge not a jury. His attorneys argued "evolving decency standards" and invoked the Eighth Amendment which prohibits cruel and unusual punishment.
Additionally, Creech's attorneys said a judge-sentenced execution is "out of the norm."
In the United States, 38 states have the death penalty as an option for sentencing, 35 of which use the jury method, where the death penalty can only be made by a jury, not a judge.
In response to the appellate arguments, Deputy Attorney General LaMont Anderson reiterated the State of Idaho's request to uphold Creech's death warrant and reject the requested motion to stay.
"The State of Idaho taxpayers have already paid for the band. And it's time that we end this dance," Anderson said.
“This case is the biggest ‘Hail Mary’ I’ve ever seen,” Anderson rebutted to the IAC claim being filed one day after the death warrant had been issued.
Anderson went on to say that the appeals were made "out of desperation" to delay Creech’s execution.
Creech has been in prison for nearly 50 years.
In 1974, he was convicted of killing two people in Valley County and sentenced to death. That sentence was later reduced to life in prison.
In 1983, Creech pleaded guilty to first-degree murder for killing a fellow inmate in 1981 while he was already in prison. He was then sentenced to death.
Creech was also recently identified by the San Bernardino County Sheriff's Department as a suspect in the murder of Daniel Walker on Oct. 1, 1974.
Walker was shot multiple times by a suspect who shot him while sleeping in a parked van alongside Interstate 40 on Oct. 1, 1974, according to the San Bernardino County Sheriff's Department. Walker's passenger escaped and was able to get the attention of a passing driver. Walker was eventually taken to an area hospital, where he later died.
Creech at points, including under oath, claimed to have killed as many as 42 people. He has since lowered the total number of people he killed or having had involvement with to 26.
The Idaho Supreme Court concluded Monday's hearings stating that the court has heard the arguments, and the court will reconvene on Feb. 7.
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