Thursday, May 20, 1999
Harper competent, could die Tuesday
BY BRUCE SCHREINER
The Associated Press
LOUISVILLE — A federal judge ruled Wednesday that Eddie Harper is mentally competent to drop his remaining death-penalty appeals, removing an obstacle to his execution next week for killing his adoptive parents.
U.S. District Judge Joseph McKinley also vacated his order last month appointing two public defenders to represent Mr. Harper.
“If I don't see you again, Godspeed,” said Judge McKinley, whose decision came after nearly 12 hours of hearings over two days that analyzed Mr. Harper's mental state and his desire to become Kentucky's second prisoner executed in a generation.
Judge McKinley closely observed Mr. Harper during the long hearings, when the condemned killer acted as his own counsel, questioning witnesses and raising objections. Judge McKinley said he had no doubt that Mr. Harper was capable of deciding his own fate, and understood the consequences.
Mr. Harper appeared relieved by the decision. He shook hands with the public defenders who tried to forestall his execution by lethal injection Tuesday.
He asked Kentucky State Penitentiary Warden Phil Parker to be moved to an isolation cell a few feet from the execution chamber after his return to prison later Wednesday. The request was granted.
Randy Wheeler, a lawyer for the state Department of
Public Advocacy, said a decision would be made soon whether to pursue further appeals. Mr. Wheeler declined to say whether members of Mr. Harper's family had been contacted about filing a petition to try to stave off the execution. Mr. Harper often mentioned his son, daughter-in-law and 18-month-old granddaughter during the hearing.
Mr. Wheeler said he disagreed with Judge McKinley's ruling, but was more disappointed with Mr. Harper's decision to quit fighting his execution.
Mr. Harper testified for nearly 11/2 hours Wednesday to press his desire to die. Mr. Harper said he's mentally fit to decide, and asked Judge McKinley to end his anguish.
“I just don't want to grow old and die in prison,” Mr. Harper said. “I would rather leave this world with a little dignity.”
Assistant Attorney General David Smith said the evidence was overwhelming that Mr. Harper was capable of making such a decision, noting that three mental-health experts testified Tuesday that he's mentally competent.
“His (Harper's) testimony was entirely consistent with what the doctors said, that he's competent,” Mr. Smith said afterward.
Mr. Wheeler argued unsuccessfully that another round mental testing of Mr. Harper is needed that for the first time would consider mental illnesses that plagued many of his biological relatives, including his birth mother.
Mr. Harper was adopted at infancy and said he wasn't sure the people mentioned by the public defenders were actually his blood relatives.
Mr. Harper said that pursuing further appeals would likely prolong his life by only two or three years. Even if he won a new trial, his best outcome would be the lifting of his death sentence in favor of life in prison, Mr. Harper said.
“I've been there 18 years and there's really nothing positive there,” Mr. Harper said. “It's all negative.”
Mr. Harper said he was tired of the dreary tedium of prison life.
“There's just no changes in prison,” he said. “When I get back there tonight, I can tell you tomorrow what I'm going to do, and I'll do the same thing the next day.”
Mr. Wheeler said that Mr. Harper's obsession with a woman from his department who worked on Mr. Harper's case might have influenced the decision to give up his appeals.
Mr. Wheeler said the obsession might signal “some deeper mental disorder that needs to be ferreted out” by additional examinations.
Mr. Harper testified that his feelings for the woman played no role in his decision to drop his appeals, nor did the loss of recreational activities taken away from death row inmates amid security concerns last summer.
Mr. Harper said he hoped to see the woman again before his execution. Judge Parker said he was still weighing the request.
Mr. Harper broke down briefly while discussing the woman.
Mr. Harper admitted killing his adoptive parents, Alice and Edward Lee Harper Sr., on Feb. 19, 1982, saying that it was wrong.
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