Oregon: Activists face tough battle to spare condemned inmate; ACLU is evaluating legal options to save man from himself

By Jonathan J. Cooper Associated Press SALEM, Ore. (AP) -- Convicted killer Gary Haugen unequivocally told a judge this month that he's ready to die. The 49-year-old condemned inmate could prolong his life, perhaps for decades, by appealing his death sentence. There are plenty of people eager to help him, even against his will. But those who wish to save his life could face an uphill battle if Haugen doesn't change his mind. "It shouldn't be easy for the state to put someone to death. And normally it isn't," said David Fidanque, executive director of the American Civil Liberties Union in Oregon. "But in a case where you have an inmate that's suicidal, it's relatively easy." The ACLU is evaluating potential legal options to save Haugen from himself, Fidanque said, but it's unclear what legal strategy there may be, especially if no Haugen relatives say he should be spared. The ACLU intervened in a similar case in 1996 but fell short. The challenge isn't deterring death penalty opponents, who say Oregon is a different place now than it was the last time Oregon executed an inmate in 1997. In that case, too, the inmate waived his appeals. Haugen, a twice-convicted killer, could stop his execution at virtually any time by saying he wants to appeal, or the governor could commute his sentence. He's scheduled to be executed by lethal injection on Aug. 16. While the ACLU looks at potential legal options, other death penalty opponents are also plotting a strategy. Activists with Oregonians for Alternatives to the Death Penalty are planning a public meeting June 8 to plan their next moves. Board member Tom O'Connor didn't want to talk about specific strategies the group might adopt but said it will pursue any potential option. "For us, we think that there's great beauty in life," said O'Connor, a former head chaplain for the Oregon Department of Corrections. "Oregon is a place of great beauty. And we value life. Mr. Haugen clearly does not value life. But we, on moral grounds, compassionate grounds, are opposed to extinguishing life." Haugen has been convicted twice of murders. He was in prison for fatally bludgeoning his former girlfriend's mother when he was sentenced to death for killing fellow inmate David Polin, who had 84 stab wounds and a crushed skull. Haugen and accomplice Jason Brumwell killed Polin in 2003 because they mistakenly believed he snitched to corrections officers about their use of drugs, prosecutors argued. Polin's widow, Clarinda Polin Perez, has expressed mixed emotions about Haugen's impending execution. She has said that an execution would give Haugen what he deserves, but also that she believes he's taking the easy way out because he doesn't want to live for rest of his life in solitary confinement on death row. Oregon has executed two inmates since voters reinstated the death penalty in 1984. Both of them waived their appeals. The ACLU intervened in the 1996 case of Douglas Wright, but the Oregon Supreme Court ruled that a convict has the right to decide for himself whether to file for post-conviction release. Democratic Gov. John Kitzhaber was also governor during the prior executions. In both cases, he declined to intervene and commute the sentences, but death penalty opponents hope his thinking has evolved after eight years out of office. "Presumably he's wiser now," O'Connor said. "He's had much more experience since then." In a statement released by his office, Kitzhaber said he hasn't made up his mind. "This is a decision I take very seriously and am giving careful consideration," the statement said. "I am reviewing options available to me as governor, just as I did during my previous administration." Haugen has written to court officials since 2008 asking to drop his appeals, complaining about a "costly broken system" and a criminal justice process he calls arbitrary and vindictive. He wrote a letter last month saying he'd changed his mind and would like to appeal then followed up days later to renew his plea for a death warrant. Published: Wed, Jun 1, 2011