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Uncertainty Surrounds Decades-Long Death Row Case as Montana Legislators Push for Execution Resumption

The situation for Ronald Smith, a Canadian imprisoned on death row in Montana for over four decades, has become increasingly precarious as state legislators renew efforts to lift constraints on executions. Smith, aged 67 and originally from Red Deer, Alberta, has been incarcerated since 1983 following the tragic killing of two young Indigenous men near East Glacier while he and an accomplice were under the influence of LSD and alcohol.

Life within Montana State Prison in Deer Lodge moves at a sluggish pace for Smith, who has been described as a model inmate throughout his lengthy incarceration. Despite his behavior, the legislative attempts to reinstate capital punishment occur like clockwork every two years.

Montana’s death penalty has been effectively on hold since 2015, primarily because the state stipulates the use of an “ultra-fast-acting barbiturate,” which is no longer accessible. In a significant ruling, U.S. District Judge Jeffrey Sherlock determined that pentobarbital, the drug initially intended for use, does not meet the state’s criteria and barred its application. Consequently, there have been no executions in Montana since 2006.

A new proposal in the legislature, championed by Republican Rep. Shannon Maness, seeks to eliminate the “ultra-fast-acting” requirement, allowing the state to administer “an intravenous injection of a substance or substances in a lethal quantity sufficient to cause death.” Maness did not respond to comments regarding the bill.

According to Alex Rate, the legal director for the American Civil Liberties Union, this legislative initiative is particularly disheartening. “Their ongoing goal appears to be dehumanizing individuals and pushing for executions,” he stated. “This move to ease the regulations around lethal injection substances is alarming.”

Rate further pointed out that, with pentobarbital still unavailable, utilizing substances like antifreeze or rat poison to execute someone could be deemed as cruel and unusual punishment. He testified before the House Judiciary Committee, warning that bills like the one under discussion could contribute to rendering the death penalty unconstitutional by allowing virtually any substance for executions.

A Tumultuous Legislative History

Efforts to both reinstate executions and abolish the death penalty have persisted through nearly two decades of legislative sessions, yet without success. Rate expressed concern about the current political climate in Montana, asserting that the current administration is heavily influenced by a singular ideology that aligns with capital punishment.

Greg Jackson, Smith’s longtime attorney, expressed surprise at the resurgence of this issue, particularly after recent legislative sessions had been relatively quiet on matters regarding the death penalty. “It seems abrupt after a long period of inactivity,” he noted, regarding the new bill that seeks to modify execution protocols.

Reflecting on his own circumstances, Smith expressed a sense of despair regarding the prolonged uncertainty during an interview in 2021, saying, “People say, ‘At least you’re alive,’ but honestly, I feel like I’m just stagnating. After all these years, I’d prefer any alternative.” He reached a point where he stated, “If they’re not going to spare my life, they might as well execute me.”

Jackson has indicated some positive changes in Smith’s state of mind, attributing this to recent improvements in his access to digital communication with family. “Being able to engage with his loved ones remotely has made his life behind bars more bearable,” Jackson remarked.

In the original incident, Smith and his accomplice, Rodney Munro, lured and murdered two young men, Harvey Mad Man and Thomas Running Rabbit, in a crime that shocked the community. While Smith declined a plea deal that would have spared him the death penalty, he later reversed his position on capital punishment, ultimately facing multiple execution dates over the years—each one subsequently annulled. Munro accepted a plea bargain, serving time in Canada, and was released in 1998.

Future Uncertain

Even if the new bill successfully passes through the legislature, Rate asserts that significant procedural and constitutional obstacles remain. “There are numerous legal requirements surrounding the execution process,” he stated. Furthermore, should the state find a viable execution drug, it’s highly likely that legal challenges would arise against its use.

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globalnews.ca