Supreme Court Denies Prisoner’s Request for Valentine’s Day Execution

The Arizona Supreme Court has denied Aaron Gunches’ request for a Valentine’s Day execution. On January 8, the court rejected his motion to bypass further legal proceedings concerning his case.

Gunches pleaded guilty in 2002 to murder and kidnapping charges related to the death of Ted Price, his girlfriend’s ex-husband. The court indicated it would hear arguments from various parties, including Attorney General Kris Mayes, who supports Gunches’ execution but prefers not to adhere to his proposed timeline.

Additionally, the Supreme Court dismissed a plea from law professor Corinna Barrett Lain, emphasizing that improvements in lethal injection methods do not guarantee a pain-free execution. Lain argued that pentobarbital, the lethal drug used by the state, may cause extreme suffering, likening it to drowning or waterboarding.

Chief Justice Ann Scott Timmer stated that issues related to Gunches’ conviction should have been addressed initially at the trial level. Instead, the Supreme Court’s focus is on whether the requirements for issuing an execution warrant have been satisfied.

In response, Mayes’ office must submit its request for the warrant by January 10. Following this, the court will hear responses, including those from Gunches, who is currently representing himself. The state will have until the end of January to address any additional comments or concerns.

Timmer confirmed that the court aims to convene on February 11. If the justices determine that all legal procedures have been adhered to, a warrant could be issued, potentially leading to Gunches’ execution on March 18—marking Arizona’s first execution since Mayes assumed office.

This halt in executions followed Gov. Katie Hobbs’ appointment of a special commissioner to review Arizona’s death penalty practices due to instances of botched executions. Retired federal magistrate David Duncan, in a prior report, questioned the humane nature of lethal injections and suggested a firing squad as a more humane alternative.

Despite raising these issues, Hobbs dismissed Duncan and expressed confidence that a review by her appointed correctional head, Ryan Thornell, would improve execution methods. Gunches previously urged the court to expedite the process, requesting a straightforward issuance of the execution warrant.

While the order on January 8 did not specify the reasons for rejecting Gunches’ request, a supplementary press release reaffirmed the court’s commitment to justice under law, emphasizing fairness and transparency.

In 2022, three inmates were executed by lethal injection, with reported complications during procedures leading to some pain and distress. This prompted Mayes to place a moratorium on execution warrants. Prior to that, Arizona had an eight-year hiatus from executions following a problematic incident involving Joseph Wood.

Gunches now stands as one of 111 inmates on death row, with 25 having already exhausted or waived their appeals.