Prosecutors asked the Arizona Supreme Court to call off a hearing scheduled by a lower-court judge to determine the mental fitness of a prisoner to be executed in what would be the state’s first use of the death penalty in nearly eight years
PHOENIX — — Prosecutors have asked the Arizona Supreme Court to call off an upcoming hearing scheduled by a lower-court judge to determine the mental fitness of a prisoner to be executed in what would be the state’s first use of the death penalty in nearly eight years.
Dixon’s lawyers have said their client erroneously believes he will be executed because police at Northern Arizona University wrongfully arrested him in a previous case — a 1985 attack on a 21-year-old student. His attorneys concede he was in fact lawfully arrested then by Flagstaff police. Dixon had fired his attorney in the case involving Bowdoin’s death under an irrational belief that the DNA evidence wasn’t admissible in the murder case because he erroneously thinks the NAU Police Department wasn’t a legal entity when it arrested him on the sexual assault charges, his current lawyers have said.
Prosecutors said Dixon’s legal theory isn’t legally viable, but argued that his attempts to undo his murder conviction show he has a rational understanding of why the state is seeking his execution. The last time Arizona used the death penalty was in July 2014, when Joseph Wood was given 15 doses of a two-drug combination over two hours in an execution that his lawyers said was botched.
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