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CNN Live At Daybreak

Texas to Execute Napoleon Beazley Tomorrow Night

Aired August 14, 2001 - 07:04   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BRIAN NELSON, CNN ANCHOR: The State of Texas is preparing to execute Napoleon Beazley tomorrow night -- Beazley convicted of killing the father of an influential federal judge. That judge was so influential, in fact, that three Supreme Court justices abstained from considering the condemned man's appeal.

Justice Department correspondent Kelli Arena has the story now from Washington.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN CORRESPONDENT (voice over): Considered one of the most influential federal judges in the nation, J. Michael Luttig once clerked for Supreme Court Justice Antonin Scalia. And as a former Bush Justice Department official, he worked to get both Justice Clarence Thomas and Justice David Souter confirmed.

Those relationships have come under some scrutiny as all three justices recused themselves from the high court's three-to-three decision not to stay the execution of Napoleon Beazley, convicted of the 1994 murder of Judge Luttig's father.

Experts say it's highly unusual for a third of the court to recuse itself. But the vote against a stay was expected, and rare recusals make it even less likely the court will hear a broader appeal.

STEPHEN SALTZBURG, GEORGE WASHINGTON UNIVERSITY LAW SCHOOL: It takes four votes to hear a case. If three justices out of the six remaining will not even grant a stay, it's highly unlikely that the court will get four votes to hear this case.

ARENA: Death penalty critics charge there is nothing usual about this case. They say one reason prosecutors sought the death penalty against Beazley, who was 17 at the time of the shooting, is because Luttig is a judge. Prosecutors deny the charge, and Judge Luttig had no comment.

Napoleon Beazley, who is now 25, is not claiming innocence, and by all accounts the killing of Judge Luttig's father was especially brutal. But Beazley had no prior record at the time of the shooting, and his two co-defendants have since recanted parts of their testimony against him. UNIDENTIFIED MALE: It wasn't premeditated as far as the murder goes. It is not something we intended on. We just intended to jack a car, you know. The whole incident got out of hand.

ARENA (on camera): Napoleon Beazley is scheduled to die by lethal injection Wednesday night.

Kelli Arena, CNN, Washington.

(END VIDEOTAPE)

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