There are plenty of judges who are not all that keen on actually putting someone to death, and are even potentially willing to jump through the (very high) hurdles to granting federal habeas relief under AEDPA. But even where the Ninth Circuit panel in this particular case -- Judges Callahan, Nguyen and Bress -- so inclined (and they're not), the stark facts of the underlying crimes would make it very surprising were this case to have come out any different than it did.
Which, by definition, it didn't.
It's a death penalty case from Arizona, and even though it's taken 32 years (!) to work itself through the system, I'm fairly confident it's going to end up as you would ultimately expect. Here's a quick synopsis of the relevant facts:
"On April 6, 1992, Lee, then 19 years old, and his accomplice, David Hunt, age 14, called Pizza Hut from a pay phone and ordered a pizza delivered to a vacant house. When Linda Reynolds arrived with the pizza, Lee and Hunt pointed a rifle at her and forced her to remove her shorts and shirt. The two put Reynolds in Lee’s car, and Lee drove her into the desert. Hunt drove Reynolds’s car to meet them.
Once in the desert, Lee and Hunt removed Reynolds’s car stereo, smashed the windows and other parts of her car with a bat, punctured the tires, cut various hoses and wires to disable the engine, and shot a bullet through the hood. Lee later testified that he destroyed Reynolds’s car to prevent her from escaping.
Lee and Hunt forced Reynolds to remove her shoes, socks, and pantyhose and to walk barefoot into the desert. Hunt then raped her, and Lee forced Reyolds [sic -- the panel should really correct this mistake] to perform oral sex on him. After finding Reynolds’s bank card in her wallet, Lee drove Reynolds and Hunt to an ATM. Lee gave Reynolds his flannel shirt to wear and then forced Reynolds to withdraw $20 of the $27 she had left in her account.
From there, Lee and Hunt drove Reynolds back into the desert. Reynolds tried to escape, but Hunt forced her back to the car. By the time she was returned to the car, her face and lips were bloody. According to Lee, Lee and Hunt argued in front of Reynolds over whether to kill her, and Reynolds “freaked” and tried to grab the gun.
Lee shot Reynolds once in the head. But Reynolds was still alive. Lee retrieved a knife from his car and twice stabbed Reynolds in the chest to “put her out of her misery.” Lee and Hunt then drove away. Medical evidence indicated that Reynolds “would have been alive for at least a couple minutes, and probably more,” following the stabbings. The next day, Lee pawned Reynolds’s car stereo, wedding ring, and gold ring for a total of $170."
Pretty bad, right?
But wait. There's more:
"Ten days later, on April 16, 1992 around midnight, Lee used another payphone to call a taxi. David Lacey was dispatched to pick up Lee. Meanwhile, Hunt drove Lee’s car to the location where Lee and Hunt planned to rob the driver. When Lacey arrived, Lee pulled out a revolver and demanded money. According to Lee, Lacey attempted to grab the gun. Lee then fired nine shots, four of which hit Lacey. Lee took “forty dollars from Lacey’s pockets and dumped his body by the side of the road.” Lee then drove Lacey’s cab to a dirt road, where he searched the cab’s contents and shot its windows and tires."
You can see why Lee gets sentenced to death.
But fear not. There's still more. Eleven days later:
"On April 27, 1992, Lee entered a convenience store around 1:00 a.m. to purchase cigarettes. When Harold Drury, the store clerk, opened the cash drawer, Lee shot Drury in the shoulder, causing Drury to fall backwards. Lee then “shot Drury in the top of the head, the forehead, the cheek, and the neck.” After Drury slumped to the floor, Lee “walked around the counter and shot Drury two more times in the right temple.” Lee retrieved the cigarettes and took the cash drawer before leaving the store. Hunt was waiting in Lee’s car, and they left together."
I don't think there are many judges at all out there who are going to bend over backwards to try to find a way to give this guy habeas relief. Even notwithstanding the fact that he was 19 years old at the time.
Simply too many senseless murders in way too short a time.
Needless to say: Denial of habeas relief affirmed.
Not going to change en banc or in the Supreme Court either, IMHO.
