Federal judge denies injunction in transfer of Oklahoma death row inmate

Dec. 13—A federal judge on Tuesday dismissed the Oklahoma attorney general's lawsuit against the federal government over the transfer of a death row inmate for a scheduled execution while state officials seek a stay of execution.

U.S. District Judge Reed O'Connor dismissed a request made by Oklahoma Attorney General John O'Connor and District 14 District Attorney Steve Kunzweiler for a preliminary injunction into the U.S. Bureau of Prison's denial to transfer Oklahoma death row inmate John Hanson into state custody.

Both the AG and Kunzweiler made a request to the BOP for Hanson's transfer to state custody so Hanson's death sentence could be carried out on Dec. 15. The BOP refused to transfer Hanson stating the transfer was "not in the public's best interest."

Hanson was convicted and sentenced to death in Tulsa County District Court for the deaths of 77-year-old Mary Bowles and 44-year-old Jerald Thurman.

Records show Hanson is serving a life sentence plus 107 years in a Louisiana federal prison for a series of armed robberies he committed after the murders.

In its lawsuit, Oklahoma prosecutors argued the BOP violated federal transfer statute which states the federal prisons director can order a prisoner's transfer to a state detention facility prior to their release from a federal prison if the request is made by a state executive authority, present a certified copy of the judgement, and "the director find that the transfer would be in the public interest."

State authorities argued the federal government's denial to transfer Hanson in the name of public interest "would mean that Hanson will never face justice for his murder of Bowles" and "if Hanson is transferred, state and federal justice will both be achieved."

Attorneys for the BOP argued the court had no jurisdiction to review the claim due to the suit not being filed in the proper district and that if the court did so, the statute gives the BOP director "broad discretion over whether to refuse a transfer request based on his determination of the public interest."

The lawsuit was filed in the Northern District of Texas, Wichita Falls Division with Oklahoma attorneys arguing it is the proper venue for the lawsuit to be filed due to being halfway between Oklahoma City and Dallas where the BOP regional offices are located.

Federal attorneys argue the transfer request should have been filed in the Alexandria Division of the Western District of Louisiana because Hanson is incarcerated in the district and his immediate custodian, the warden named in the lawsuit, performs his duties inside the district.

Judge O'Connor decided in an earlier ruling the transfer request should have been filed in the Louisiana court — but stated the judge will continue to make a ruling on whether the federal government violated federal statute in denying Oklahoma's transfer request.

In his Tuesday ruling, the judge wrote in his ruling that the state never demonstrated how the BOP director violated the statute.

"Rather than demonstrate how the BOP Director has violated a clear statutory command, plaintiffs invite this court to engage in a debate about the public interest when Congress has clearly limited such review," O'Connor wrote. "The court declines that invitation."

The AG's office on Monday told the Oklahoma Court of Criminal Appeals the office was "formally asking" Gov. Kevin Stitt "to grant a stay of execution and set a new execution date."

OCCA requested the AG's Office to "show cause why Hanson's execution date should not be stricken and reset."

"Obviously, the state cannot and will not execute appellant on Dec. 15, 2022," the AG's office wrote in their response.

A hearing to transfer the federal case to the Western District of Louisiana is scheduled for Dec. 22.

The AG's office was ordered to notify OCCA of any decisions rendered in the federal case.

Contact Derrick James at djames@mcalesternews.com