Tuesday 9 January 2007

Judge allows Timberlake execution


jon.murray@indystar.com


A U.S. District Court judge today denied Norman Timberlake a stay of execution and dismissed his claim he should not be executed because he is mentally ill.

In a 10-page written decision, Judge Richard L. Young said Indiana courts handled Timberlake's appeals properly. The judge denied his petition for a writ of habeas corpus.
"The Indiana Supreme Court was correct in observing that at this point Timberlake is presumed to be competent to be executed," Young wrote.

Timberlake is scheduled to die by lethal injection Jan. 19. Young still has not ruled in another lawsuit brought by Timberlake that argues Indiana's lethal injection procedures don't prevent an executed inmate from feeling unnecessary pain, constituting cruel and unusual punishment.

He also has petitioned Gov. Mitch Daniels for clemency, but the governor won't decide on that issue until after the state Parole Board votes on a recommendation next Tuesday.

A Marion Superior Court jury convicted Timberlake in the 1993 murder of Indiana State Police Master Trooper Michael Greene. He was shot during a traffic stop on I-65 on Indianapolis' Northwestside as he tried to handcuff a man traveling with Timberlake.

Call Star reporter Jon Murray at (317) 444-2752.

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