Federal judge denies Indiana death row inmate’s appeal, further closing door for relief

A federal judge on Friday denied a request from Indiana death row inmate Joseph Corcoran’s legal team to step in and pause his upcoming execution. 

Defense attorneys said the delay would allow for a hearing and review of their claims that putting the inmate to death is unconstitutional. 

But in his order, Judge Jon DeGuilio, of the U.S. District Court in Indiana’s Northern District, said claims that Corcoran is incompetent to be executed are “procedurally defaulted and without merit.”

The matter is now before the U.S. Court of Appeals; Corcoran’s lawyers filed with that court shortly after DeGuilio issued his order. 

Corcoran killed four men in 1997 because he overheard them talking about him. His execution is currently scheduled to take place in less than a week, before sunrise on Dec. 18. 

Story continues below.

The original federal appeal was filed Wednesday, days after the Indiana Supreme Court sided with the state in a 3-2 decision, denying earlier requests by Corcoran’s lawyers to delay his impending execution date and allow for his case to be reviewed or his sentence overturned. A different order issued by the court on Thursday again denied a stay.

Corcoran’s lawyers have pointed to delusions that he has about ultrasound machines controlling him and his thoughts.

They argued that the inmate’s mental illness has long distorted his reality and made him unable to understand the severity of his punishment. Larry Komp, Corcoran’s federal attorney, said in the appeal that his client “lacks any rational understanding of his impending execution — he simply wants to expedite the ending of the torture that is not real.”

DeGuilio disagreed, writing in his order that defense lawyers have not shown substantial evidence that Corcoran is “insane.”

“… Corcoran has never been adjudicated incompetent; to the contrary, he was found competent in 2004 based on evidence that is substantially similar to the evidence presented to the Indiana Supreme Court this year,” DeGuilio wrote.

The judge further said Komp has not provided evidence that Corcoran’s mental condition has deteriorated over the last two decades, “nor has he presented a recent expert assessment as to whether Corcoran understands his execution or the reasons for it.” 

Sister, former lawyer decry upcoming Indiana execution; prosecutor conflicted

“Instead, Corcoran, on his own accord, submitted an affidavit attesting that he did have such an understanding,” DeGuilio continued.

The judge’s reference was to a November letter Corcoran sent to the high court, in which he said he has “no desire nor wish[es] to engage in further appeals or litigation whatsoever.” With his “own free will” and “without coercion or promise of anything,” he asked the justices to withdraw his counsel’s motions.

“Counsel essentially argues that Corcoran knows precisely what to say in order to persuade courts that he is rational but that he does not truly believe it due to his delusional beliefs,” DeGuilio said. “However, assuming that Corcoran is merely imitating rationality, counsel concedes that it is an especially good imitation, so it is difficult to characterize the Indiana Supreme Court as unreasonable for relying on it. This is particularly true when no statement made by Corcoran this decade and no expert finding directly undermines Corcoran’s rationality toward his execution.”

DeGuilio further observed that “as far as conspiracy theories go, Corcoran’s writing is remarkably cogent and a reasonable effort at presenting an irrational theory in a rational way.”

Barring a stay or other interference of the appeals court, a decision to delay or overturn Corcoran’s death warrant is up to Gov. Eric Holcomb.

The outgoing Republican has repeatedly said he won’t decide whether to intervene until it’s his “turn,” and that he’s waiting for judicial proceedings to conclude before he takes any action.

So far, Corcoran has been unwilling to sign the necessary paperwork to initiate a clemency review or other avenues that could result in his removal from death row.