Published: June 10, 2008 11:16 pm      

High court remains inmate’s only hope

Pending the results of two Supreme Court appeals, the first lethal injection in Texas since September will take place today at the Texas Department of Criminal Justice Walls Unit.

Karl Eugene Chamberlain, who was denied a stay of execution by the Texas Court of Criminal Appeals Monday, faces execution after 6 p.m. today for the 1991 rape-slaying of his then-neighbor, Felicia Prechtl, which he confessed to in 1996.

According to a representative of the Texas Attorney General’s office, Chamberlain’s remaining two Supreme Court appeals — both of which are based on claims of ineffective counsel — will be decided before his execution.

“The Texas Court of Criminal Appeals upheld the constitutionality of the state’s lethal injection protocol with their decision on Monday,” said Michelle Lyons, Texas Department of Criminal Justice public information officer. “Therefore, Chamberlain’s motion for a stay of execution that claimed that his Eighth Amendment rights would be violated by his execution was denied, and the Texas court cleared the way for his execution to take place today.

“However, as of Tuesday, he did still have two appeals before the Supreme Court, and we can’t predict the outcome of those appeals.”

According to the Texas Attorney General’s Web site, Chamberlain has petitioned the Supreme Court on two other occasions, once for certiorari review and once for certiorari review off federal habeas.

In addition to pursuing their current appeals with the Supreme Court, Lyons said Chamberlain’s attorneys could also pursue other options to gain him a reprieve or a temporary stay of execution.

“At this point, his attorneys could file a petition with the governor or with the parole board,” Lyons said. “The governor could grant a one-time, 30-day reprieve, and the parole board can ask for a clemency reprieve, meaning Chamberlain could either get a stay or have his sentence changed to life in prison.”

Chamberlain was originally sentenced to death in 1997, when he was convicted for Prechtl’s rape and murder.

Based on trial evidence, Chamberlain entered Prechtl’s apartment on August 2, 1991, taped the 29-year-old woman’s hands and feet together and raped her.

He then moved her into her bathroom and shot her in the head with a .30 caliber rifle.

Assuming none of the reprieve motions are granted before 6 p.m., Lyons said Chamberlain’s execution will be carried out as planned.

“As far as the witnesses of the execution, Chamberlain has his half sister and several friends witnessing,” Lyons said. “Of the victim’s family, Prechtl’s son, mother, father and brother will be in attendance.”

Chamberlain will follow a specific itinerary before his execution, Lyons said.

“He’ll be given four hours this morning to visit with his family and friends before being transported to the Walls Unit in Huntsville where the execution chamber is located,” she said. “He’ll spend the afternoon in a holding cell, where he’ll be able to make phone calls, speak with a spiritual advisor and have his last meal.”

Lyons said Chamberlain’s last meal request included very detailed requests for fruits, vegetables, a cheeseburger, onion rings and a quesadilla.

“This is by far the most extensive last meal request I have ever seen,” she said.

The Texas Court of Criminal Appeals’ dismissal of Chamberlain’s motion for a stay of execution also cleared the way for other state executions to continue.

Derrick Sonnier, who was granted a stay of execution on June 3 based on the arguments similar to those in Chamberlain’s motion, also had his stay of execution lifted Monday.

“While there has been no execution date set for Sonnier that we know of, Monday’s decision did clear the way for him to receive a new execution date,” Lyons said.

Following Chamberlain, the next lethal injection is scheduled for June 17.

The lethal injection method was temporarily put on hold in September when the Supreme Court agreed to hear a Kentucky case challenging the method.

The court upheld the method in April.