Court filings continue in the case of inmate scheduled to die to - WBRC FOX6 News - Birmingham, AL

Court filings continue in the case of inmate scheduled to die today

Michael Eggers, (Department of Corrections) Michael Eggers, (Department of Corrections)

A flurry of court filings have been sent to the U.S. Supreme Court ahead of today’s scheduled execution of Michael Eggers.

Alabama Attorney General has asked SCOTUS to allow the execution, in opposition to a request for a stay filed by a former attorney for Eggers.

“Appointed counsel have failed to articulate how the equities justify a stay in this case, given both the public’s strong interest in seeing justice carried out and Eggers’ express desire to see justice carried out by eliminating further delays in his execution,” the state’s opposition stated.

Eggers said he would rather die than to be represented by his former lawyer, John Palombi. He was sentenced to death in Walker County in the 2000 choking death of Bennie Francis Murray,

Palombi, Assistant Federal Defender has filed a response, again arguing that Eggers is delusional and severely mentally ill. He initially filed a request for a stay of execution earlier this week saying that Egger's delusions and paranoia made him too sick to ask to be executed or to fire his attorneys.

“This Court should stay his execution and take this case to examine the important issues surrounding the execution of the mentally ill, in particular, whether a death-sentenced inmate should be allowed to expedite his execution with the help of the State,” the response stated.

The 11th U.S. Circuit Court of Appeals ruled in December that Eggers was competent enough to drop his appeals and fire his attorneys.

His execution date was set, but Palombi says that the court made that decision "armed with misinformation."

"This Court has not considered the merits of the question of when a petitioner may discharge counsel and waive appeals and the interplay of that question with a petitioner who has unequivocally wanted to represent himself in the process," Palombi stated in the stay application.

If Eggers is executed today, it will be the first execution in Alabama since the state failed to execute Doyle Hamm in February.

Hamm's attorney, Bernard E. Harcourt, had sought to stop the lethal injection, arguing that lymphoma, drug use and hepatitis C have compromised Hamm's veins so bad, lethal injection would be difficult and unconstitutionally cruel.

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