Joseph Paul Franklin was executed at the Bonne Terre prison, moments after the United States Supreme Court lifted the last stays issued earlier by two federal district judges.

Franklin was executed for murdering a man outside a St. Louis synagogue 36 years ago.  He admitted it was one of 22 murders he committed, saying he hoped to start a race war with his killings.  Franklin was a self-described white supremacist.

Federal judges had earlier issued stays, questioning his mental competence to be executed, and questioning the proper procedures used in making the drug compound used to kill him.

The Missourinet’s Jessica Machetta filed this report from the prison shortly after the execution. [AUDIO]

A second federal judge has issued a stay of execution for Joseph Paul Franklin, who is scheduled to be executed sometime tomorrow. Execution dates are set for 12:01 a.m., giving the state a full day to resolve court stays. Attorney General Chris Koster has moved to get the stays lifted.

Federal Judge Nanette Laughry had issued the first stay, ruling legitimate questions have been raised about the drug to be used for Franklin’s execution. The second stay has been issued by judge Carol Jackson, who says Franklin’s mental competency has been questioned and time is needed to determine if he is sane enough to be executed.

Koster argues the first stay should be vacated because Franklin has not exhausted his state administrative remedies. He also argues against Franklin’s claims that the execution drug might not be safe.

Koster says the second stay should be lifted because the anecdotal evidence cited by Jackson do not support the conclusion Jackson has made.

The Missourinet’s Jessica Machetta is in Bonne Terre awaiting further developments.

A federal judge in Jefferson City has stayed tonight’s execution of Joseph Paul Franklin. Judge Nanette Laughry says “serious concerns” have been raised about the new drug protocol to be used for the executions.

The judge says Franklin “has been afforded no time to research the risk of pain associated with the…new protocol, the quality of the pentobarbital provided, and the record of the source of the pentobarbital.”

Laughery says Franklin has not “unnecessarily delayed” bringing his case to the federal court. She says the corrections department has changed the protocol three times in less than two months, the most recent time just four days ago. She says “details of the execution protocol have been illusive at best.”

A spokesman for Corrections Director George Lombardi said shortly after 5 p.m. that no stand-down had been ordered at the Bonne Terre prison where the execution is to take place. An Attorney General’s spokesman would not comment on whether Attorney General Chris Koster was moving to dissolve the stay.

John Clayton Smith was executed at 12:05 a.m., October 29, 2003

Supreme Court Case Number SC82000

Case Facts: John Clayton smith started dating Brandie Kearnes in 1995. At that time, Kearnes lived with her mother, Yvonne Kurz, and her stepfather, Wayne Hoewing, near Canton, Missouri. Around June 1, 1997, Kearnes broke off the relationship with Smith. Kearnes continued to live at the Howewing residence with her daughter, mother and stepfather.

At 11:05 on the evening of July 4, 1997, Smith drove to the Hoewing residence and parked his truck some distance from the house. Smith entered the house through the basement door, took off his shoes, and went upstairs. Once inside, he went to Kearnes’ bedroom, and attacked her with a knife.

Kearnes got away from Smith and ran toward the living room area. As she ran, Smith grabbed the back of her shirt and tried to stab her in the back. Smith scuffled with Kearnes, stabbing and cutting her eight times. As Kearnes lay dying, she wrote, “It was John_.” on the kitchen floor in her own blood. At some point, Kearnes also tried to call her father, and she left a message that said, “Dad, come to the house and get Tatum.”

Smith then went toward Wayne Hoeweing’s bedroom and attacked Hoewing, who had been awakened by the sounds of the struggle. Smith pushed Hoewing onto the bed, got on top of him, and started stabbing him. Smith stabbed and cut Hoewing eleven times, but Hoewing did not die immediately. Kurz, who had also gotten out of bed when she heard the sounds of the struggle, tried to push Smith off of Hoewing, but Smith cut her on the forearm, and she rand into the bathroom. Smith followed Kurz to the bathroom and while he was at the bathroom door, Hoewing was able to pick up a gun that he kept in the house. As he tried to get into the bathroom, Smith saw Hoewing with the gun, and he said, “Shoot me. Go ahead and shoot me.” Hoewing did not fire the gun, however, and eventually, smith left the bedroom, went back downstairs, put on his shoes, and left the house through the basement door.
After Smith left the Hoewing residence, Kurz was able to leave the bathroom and call for help. When medical responders reached the scene, Kearnes was already dead. She had been partially stripped of her clothing during the attack, and she was lying face up on the kitchen floor. Kearnes had been stabbed or cut eight times in the neck, chest, abdomen, arm and thigh. Two stab wounds in her right breast punctured her lung. The first responders treated Hoewing briefly, but while still at the scene, he was pronounced dead. He had been cut and stabbed eleven times in the chest, arms, leg, and hand. He died from loss of blood.
Proposed Last Statement of John Clayton Smith: “First of all I want to tell the whole family of the victims just how truly sorry I am for all the pain and grief I have caused you by my actions. I sincerely have been praying for all of you. I only ask that somewhere down life’s road, you can find it in your hearts to forgive me. I know my death can never bring back your loved ones, but I pray my death may give you some sort of peace. Just as I have asked and received forgiveness from my Lord and Savior, Jesus Christ, for my awful crime, I ask now that you will please do the same and somehow forgive  me. Last but not least, I also pray that all of you will find that perfect peace as I have, in Christ Jesus alone.” — [signed] John Clayton Smith.

Legal Chronology
1997
07/05 – John Smith kills his ex-girlfriend, Brandi Kearnes and her stepfather, Wayne Hoewing.
08/25 – Smith is charged by information with two counts of Murder First Degree in the Circuit Court of Audrain County
1999
05/14 – Smith is found guilty in a jury trial on both counts of Murder First Degree.
05/15 – The jury recommends the death penalty on both counts of Murder First Degree
07/06 – Smith is sentenced to death on both counts of the murder convictions
07/15 – Smith files a notice of appeal.
2000
12/05 – The Missouri Supreme Court affirms Smith’s convictions and sentences of death.
2001
04/12 – Smith files a motion for post-conviction relief in circuit court.
07/25 – Smith asks the circuit court to dismiss his motion for post-conviction relief.
2002
09/18 – The circuit court dismisses Smith’s motion for post-conviction relief.
10/25 – Smith’s attorney files a notice of appeal.
2003
03/18 – The Missouri Supreme Court affirms the dismissal of post-conviction relief.
04/22 – The Missouri Supreme Court denies Smith’s attorney’s motion for rehearing and sets an execution date for May 14, 2003.
05/01 – The Missouri Supreme Court resets petitioner’s execution date for October 29, 2003.
10/23 – The United States Supreme Court denies certiorari review of the dismissal of Smith’s motion for post-conviction relief.