Is This Justice??
I have been giving this a lot of thought the past few days since Amber McLaughlin was executed this past Tuesday, 01/03/2023, for the murder of Beverly Guenther in November 2003. I must admit, I am for Capital Punishment in some cases, usually Aggravated First Degree Murder. In this case, in my opinion, the death penalty was definitely something that should have been considered at the time of sentencing.
Let me give a bit of history on Ms McLaughlin. Mclaughlin was a transgender woman, who began her transition after her crime and after being on death row. At the time of her crime, she was known as Scott McLoughlin. McLaughlin was adopted at age 5 by her parents, who abused her and her siblings, who were also adopted. Her father was a police officer and would beat McLaughlin with a paddle or his baton (Night Stick) and use his taser on her. He also would rub feces in her face as punishment as well. As a retired police officer I think it is incredible this man was even considered, let alone hired, to be a police officer. At the age of 9, McLoughlin was diagnosed with ADHD and had an IQ of 82. In addition, McLaughlin became a registered sex offender in 1992 after the sexual assault of a 14-year-old girl. So, McLaughlin was NOT a nice person.
McLaughlin had been dating the victim, Beverly Guenther, however they broke up prior to her murder. McLaughlin continued to stalk Guenther requiring her to call the police on occasion to stand by and escort her to her car after she got off work. Finally in November of 2003 McLaughlin attacked Beverly Guenther outside her place of employment and, according to court records, raped and stabbed her. McLaughlin placed Guenther’s lifeless body into the back of her car and dumped her body into some underbrush along the Mississippi River. McLaughlin was arrested the next day and led the police to Guenther’s body
Scott McLaughlin was convicted of the murder which I have no problem with. However, I have issues with the sentencing. The jury was deadlocked on whether McLaughlin should spend life in prison without the possibility of Parole or to be put to death. Missouri is one of two states, the other being Indiana, where if the jury is deadlocked during the sentencing phase, the judge can make the decision on the sentence. His decision was death. It is incredible to me that one person can make that decision.
The sentence was appealed to the Missouri Supreme Court, where the sentence was upheld. In 2016 the sentence was again appealed, this time to a federal court who ordered a retrial based on mitigating circumstances. The argument was her defense team did not introduce mitigating evidence. In 2021 an “appeals chamber of the American federal judiciary” upheld the death sentence (I have never heard of this and have no idea what it is). Once again, the death sentence was back on the table. An appeal was made to the Governor of Missouri, Mike Parsons, for the sentence to be commuted to life in prison, however Parsons declined the request and Amber McLaughlin was executed on January 3, 2023. While in prison, McLoughlin began her transition to become a woman, but never filed any paperwork to change her name.
Here is where I am troubled by McLoughlin’s execution. McLaughlin had mental problems, a very low IQ, and ADHD. Again, I am for the death penalty, but was McLoughlin’s case treated fairly? I don’t believe it was. First, how can a state execute a person with mental issues and an IQ that borders on mental retardation. Secondly, how can a state have a law on the books that allows a judge to pass sentence if the jury is deadlocked in the sentencing portion of a murder trial. No one knew McLaughlin was transgender at the time so I don’t think we can’t use that as an excuse why the death sentence was originally imposed
I am not sure if she had come out when the appeal was made to the federal court, or when the retrial was denied by the appeals chamber of the American federal judiciary. However, it was known when it was appealed to Governor Parsons. Did Parsons deny the request because McLoughlin was a transgender woman? Personally, I strongly suspect it was the case, however I have no proof. Governor Parsons is a Republican. It is known Republicans’ and conservatives, as a group, do not support transgender men and woman.
Should McLaughlin have been put to death? I would have to say yes. Was the sentence ordered with equality? I have to say no. There was a breakdown, in my opinion, at the time of sentencing. No one person should ever be given so much power to be able to make a life or death decision on their own.
I am not terribly sad McLaughlin was put to death. What I am sorry for is how the decision to execute her came to be.
