June 12, 2001--
The commutation hearing and scheduled execution for
convicted killer Elroy Tillman has been postponed because of an unusual turn of events.
The commutation hearing began this morning. But about an hour into the hearing, Tillman's lead attorney suffered a heart attack.
Loni DeLand is well known Utah lawyer. He is
leading the fight to keep Tillman from being executed
later this month.
He was in the middle of questioning a
witness, when he asked the Board of Pardons for a break. He was reportedly complaining of chest pains.
About 20 minutes
later medical personnel arrived, gave him oxygen, put him on a stretcher,
and took him to the hospital.
Tillman was scheduled to be executed on June
24th at 12:01 a.m. But after today's turn of events, the Board of Pardons stayed the execution and postponed the hearing.
The stay expires on June 25th, the day after the scheduled execution. At that time the state can re-file for a death warrant. The judge will most likely sign the warrant, and set a new execution date.
When DeLand experienced medical problems, he was questioning deputy district attorney Mike Christensen. DeLand pointed out that he didn't believe Tillman's case warranted the death penalty, saying "crimes of passion" usually aren't capital cases.
Christensen said today he didn't think it was a crime of passion, but couldn't argue when DeLand read from 1982 case transcripts that Christensen, at that time, said Tillman killed in the "heat of passion."
