Scott Eizember
Oklahoma
Execution Date: 01.12.23
Preface
February 14, 2022
“How do I know I can trust you?” Throughout my relationship with Scott Eizember, I heard that question over and over. Sometimes it was directed at me. Sometimes it was directed at others. Sometimes it was just asked randomly of whoever was around. Regardless of the direction, the question was ever present. Honestly, I don’t know if I’ve ever encountered such distrust before. Then again, I don’t know that I’d ever met someone with such good reason to distrust. Nevertheless, ours was always a work of trust. I guess that’s the nature of all human relationships. In the end, I visited with Scott one final time. Every movable limb of his body was strapped to the gurney. When I finished reading the passages that he’d requested, I asked him what he wanted me to read next. I’ll never forget the deep relational certainty…even love…that I felt when he simply said, “Damn, Jeff. You know I trust you. Just pick something and keep reading.” So, I guess it’s in that spirit that I invite you to engage with the writings that I wrote on Scott Eizember’s behalf.
The Rev. Dr. Jeff Hood
Spiritual Advisor, Scott Eizember
October 22, 2022
Rigged: On the Partiality of the (a) Death Qualified Jury (or why Scott Eizember shouldn’t be executed by Oklahoma in January)
Here in the United States, juries that decide death penalty cases are required to be free of attitudes that would, “prevent or substantially impair their ability to decide a sentence fairly.” This means that a jury must be prepared to consider a death sentence…also known as a death qualified jury (…which should mean that they are also prepared to consider a life sentence…ie a life qualified jury). The standard was set in the United States Supreme Court decision, Wainwright v. Witt, in 1985. Since then, death penalty juries are regularly scrutinized for their adherence to such a standard. Prior to the death penalty trial of Scott Eizember, a juror known as D.B. had the following answers/replies on their juror questionnaire/interactions with Eizember’s attorney:
D.B.
Have you ever formed an opinion either in favor or against the death penalty? If so, explain.
Yes X No _
I firmly believe if you take a life you should lose yours.
What are your feelings about the death penalty? Please explain:
I have no reservations about seeing someone put to death so long as it has been proven the person is guilty, especially if they have taken the lives of others.
What purpose do you think the death penalty serves in our society?
Keeps taxpayers from having to support a criminal for the remainder of their life
Do you think the death penalty in Oklahoma is used too often or too seldom?
Definitely not too often.
Check the “one” statement which “best” summarizes your general views about capital punishment (the death Penalty):
_1. I am opposed to capital punishment under any circumstances.
_2. I am opposed to capital punishment except, in a few cases where it may be appropriate.
_3. I am neither generally opposed, nor generally in favor of capital punishment.
_4. I am in favor of capital punishment, except in a few cases where it may not be appropriate.
X 5. I am strongly in favor of capital punishment as an appropriate penalty.
If you were Mr. Eizember or the State of Oklahoma would you want yourself as a juror in this case?
Yes (_) No (X )
Because if I feel guilt has been proven, I would not hesitate to impose the death penalty.
These responses, Mr. Eizember argues, show that D.B. couldn’t fairly consider all three sentencing options for first-degree murder (death, life without parole, and life with the possibility of parole) and had to be excluded.
Besides, even if these answers don’t suffice to show that much, Mr. Eizember claims that D.B.’s colloquy with his lawyer during voir dire certainly does. During that exchange, counsel asked D.B. whether she would be able to consider a sentence of life without parole. “If the death penalty was not an option, yes,” she replied. Asked to elaborate, she reasoned: “If they’re in prison for the remainder of their life without a possibility of parole why not the death penalty?” The exchange continued:
[Q]: All right, so are you, are you telling me then that if you had a situation where it was laid out on the table, life, life without parole or death, then you would automatically consider one of those?
[A]: Automatically consider one of—
[Q]: One of those punishments over the others?
[A]: Probably.
[Q]: And—
[A]: Yes.
[Q]: And that would be death?
[A]: Yes.
After counsel clarified the posture under which D.B. might have to make such a decision—only if and after the jury found the defendant guilty of intentional murder—he again asked whether she “would automatically say it should be the death penalty.” D.B. responded that she “would have to look at all three but just off the cuff, it would probably be death,” explaining too that she “would have to try hard” to endorse life without parole.
Source: https://caselaw.findlaw.com/us-10th-circuit/1713181.html
While there is no doubt that Scott Eizember is guilty of a variety of crimes (general details of which are easily found online), death sentences are supposed to be decided by juries with a substantial degree of impartiality. Regarding the death penalty, do you think there is anything impartial about the views held above? D.B. unquestionably felt that the sentence was death before the trial even started. How is this remotely fair?
You might think that Scott Eizember is a monster that deserves to die. You’re entitled to have such an opinion. But here in these United States, we are governed by law and not opinion. The law states that Eizember is entitled to impartiality from a jury of his peers. The interactions with D.B. make it plain that he didn’t receive anything close to such impartiality.
Scott Eizember is scheduled to be executed on January 12, 2023. I guess D.B. will get what D.B. wanted from the very beginning…death. Such partiality speaks to the wider injustice of the death penalty…it’s application most often is based on the prejudiced thoughts/emotions of a few (see D.B.’s responses above).
October 26, 2022
Scott Eizember, AJ Cantrell & Patsy Cantrell: Oklahoma & An Impending Execution
For over a decade, I’ve worked as a spiritual advisor on various death rows throughout the country. Over the years, I’ve learned some lessons. In the first death row conversation I ever had, I asked about their crime. Such a question seems forward now. In most relationships, one would wait until at least the second conversation before asking someone to divulge their deepest darkest secrets. Then again, most of these situations are not secrets. They are widely known tragedies. Nevertheless, my first visit didn’t go well because I came across as judgmental. I guess I was. Truth be known, no matter the location, nobody wants a judgmental spiritual advisor. So, I decided that I would never look at the case of someone on death row before I visited with them again. I’d let them open the door to their case. Thus was the situation with Scott Eizember…he opened the door to what he wanted me to know…and I let him lead me further into his case. The result was complicated.
Multiple days ago, Scott Eizember talked with me about his case in greater detail. After our conversation, I spent a considerable amount of time researching the case. Without diving too deep into the narrative (one can find the general narrative here https://caselaw.findlaw.com/us-10th-circuit/1713181.html ), these are my conclusions.
The deaths of AJ and Patsy Cantrell were a tragedy. Scott Eizember should have never broken into the Cantrell’s house (full stop…this is the precipitating cause of the entire situation). AJ Cantrell should have never shot at an unarmed man (tragically, he accidently killed his wife). These moments precipitated the murder of AJ Cantrell (who repeatedly tried to come at Eizember after firing the initial shot), a wild spree of violence in the days that followed (that thankfully didn’t kill anyone else) and the most extended manhunt in the history of Oklahoma. Scott Eizember is not a sympathetic figure. Far from it, the media has made him out to be a monster. Surely, the world is more complicated than that.
The death penalty is said to be reserved for the worst of the worst. But is Scott Eizember the worst of the worst? The deaths of AJ and Patsy Cantrell were the result of a series of events that spiraled out of control. It’s important to remember that these deaths were not the result of an extended period of premeditation, Eizember did not physically kill Patsy Cantrell and that AJ Cantrell fired a shot at an unarmed man. While these factors do not forgive Eizember’s actions…nor do they erase that he was largely responsible for the deaths…they do speak to the severity of the crime. The question remains… Is Scott Eizember the worst of the worst? Well, the murders of AJ and Patsy Cantrell were not the result of extended premeditation, the whims of a serial killer or the consequences of mass murder. While I don’t think you can call the deaths an accident…I do think it’s fair to call them unforeseen. Such a word…unforeseen…does not seem to indicate the worst of the worst. This is a break-in with multiple moving unforeseen parts that turned horrific.
Is such a situation worth killing a man over? The people of Oklahoma will need to answer such a question by January 12, 2023. If the standard is the worst of the worst…then the answer is clearly NO.
November 4, 2022
A Petition for Scott Eizember (Scheduled to Be Executed in Oklahoma)
*Transcript of a talk I gave on Thursday, November 3, 2022 to advocate for stopping the execution of Scott Eizember
Good evening. My name is Rev. Dr. Jeff Hood, and I am here to talk to you about a friend of mine. And yes, I did use that word, friend. This is someone who I am a spiritual advisor to, who I’ve gotten to know who truly has become a friend of mine, Scott Eizember. He is a prisoner on death row in Oklahoma, after being convicted and sentenced for the 2003 murders of AJ Kentrell and his wife Patsy Kentrell.
Scott Eizember is scheduled to be executed on January the 12th, 2023, and his clemency hearing is coming up on December the 7th, 2022. You know, over the last few months I’ve gotten to know Scott. While by no means a perfect human being…Scott is by no means the devil either. So often…when we think about human beings, we think in black and white terms. We think good and evil…righteousness and demonic. We, we push back and push things into these corners…when sometimes life is far more complicated than such dichotomies.
By way of narrative…
You see on October the 18th, 2003, Scott Eizember broke into the vacant home of AJ and Patsy Cantrell. They were an elderly couple in Depew, Oklahoma. He thought that they were going to be away for an extended period of time…and so Scott broke into the home. Again…I say a vacant home…a home in which there was no one there. After getting in, he got something to eat and rambled around. But as he was there, the couple unexpectedly returned.
Scott Eizember picked up a shotgun that he’d found and engaged them with it. Patsy and Scott began to talk, and the situation subsided to the place where Scott set the gun down. You see, after Scott set the gun down, he began to walk towards the front door…being guided by Patsy…to walk away from the situation. As Scott was walking out the door…he heard a click…and after that click, AJ Cantrell fired off a shot. He saw that, I guess, as his opportunity to eliminate the situation, perhaps even eliminate the threat. Let me make it clear…. although Scott (an unarmed man) was walking away, he fired off the gun…and he grazed Scott’s hand…and the bullet wizzed by…and hit and killed his wife, Patsy. Again. AJ Cantrell fired a weapon at a man who was walking away…an unarmed man who was walking away…being led by his wife, Patsy…and accidentally shot and killed his wife. After that… Eizember turned around and wrestled AJ for the gun momentarily. And of course, the reason he did that was because he felt like that if he didn’t, AJ Cantrell was going to kill him. Well, in the midst of all of this, Eizember ends up killing AJ Cantrell…perhaps out of anger…out of self-defense…out of an amalgamation of things…that were taking place in that moment. After that, Scott retreated from the house, left the house, and led authorities on a 37-day manhunt…seemingly embarrassing the state of Oklahoma that he was allowed to get away for that long. There were a number of other violent incidences that happened during that 37-day period…but ultimately what Scott Eizember was sentenced to death for was the murder of AJ Cantrell.
This narrative creates a difficult case for those who argue that the death penalty should be reserved for the worst of the worst. You see, this is a situation in which we are talking about a situation that spiraled out of control. We are talking about someone who broke into a vacant home. We are talking about someone who was preparing to leave the home after being confronted by the homeowners.
Make no mistake, AJ Cantrell’s actions were a precipitating factor in the murder of both his wife Patsy and in his own death…whether he functioned based on his idea that Scott Eizember was still a threat…one cannot deny his gunshot obviously he killed his wife…but it was also a precipitating event that made this situation go out of control. That doesn’t mean that Scott Eizember had to kill AJ Cantrell.
Make no mistake, if Scott Eizember hadn’t of been in the house, none of this would’ve happened in the first place. Let’s make that very clear. But at the same time, when we talk about the worst of the worst, we are talking about serial killers…we’re talking about people who kill for no reason…we’re talking about who have extended amounts of premeditation. This is not a crime where people were murdered based on pure evil intent. This is a situation that spiraled out of control.
The question is whether Scott Eizember is the worst of the worst? You see, everybody who advocates for a death penalty argues for the worst of the worst, and if that’s who you’re arguing for, that’s not Scott Eizember. Certainly Scott deserved to be punished…but if the standard is the worst of the worst…this is not a death penalty case.
There are two other issues that also deserve attention.
One such issue is the fact that Scott Eizember grew up in a home ravaged by drug addiction and alcohol abuse. You see, when Scott was only eight months old, his mother committed suicide. Eight months…after she gave birth to Scott, she committed suicide. Later on, his stepmother, who was also a maternal figure in his life, died of liver disease. After the death of his step-mother, Scott suffered from years of alcoholism, anxiety, depression, suicidal ideation and so much more that complicated his life and created situations where he felt out of control…perhaps situations where he wasn’t as in control as he might to hope to be.
Another such issue was that there were two problematic jurors in the case. In the litigation…they were known as DB and JS. These two jurors during jury examination before the trial…both exhibited clear bias in favor of a death sentence. One juror even used the statement, “The death penalty keeps taxpayers from having to support a criminal for the remainder of their life.” You see, in our country, a death qualified jury, a jury that is qualified to render a death sentence must be able to consider all options. They must be able to consider life and they must be able to consider death. For DB and JS…the litigation makes it very clear that both of them were…unconstitutionally…problematically…predisposed towards the death penalty. And so, I think it’s fair to argue that Scott Eizember did not receive a fair sentencing phase.
With all of this in mind, I‘m asking you to think about the circumstances that have led to a death sentence for Scott Eizember.
I’m asking you to ask yourself…
Was Scott Eizember’s crime the worst of the worst? If not, I’m asking you to advocate against this execution in Oklahoma.
Did Scott Eizember grow up in home to be ravaged by drug addiction and alcohol abuse? If not, I’m asking you to advocate against this execution in Oklahoma.
What is it like for there to be suicide, anxiety, depression and all these different things in Scott Eizember’s life growing up? If it would have had a great influence on how he developed, I’m asking you to advocate against this execution in Oklahoma.
If you believe that there are any sort of mitigating circumstances in this situation…I’m asking you to advocate against this execution in Oklahoma.
If you think that here in America people deserve a fair trial, a fair sentencing, if you think that it is wrong for people to be predisposed towards the death penalty before ever having heard an ounce of evidence, if you believe that, if you believe in the justice and righteousness of our legal process, of our constitution? I’m asking you to advocate against this execution in Oklahoma.
Take the initial step…click on the link below and sign the petition to STOP THE EXECUTION OF SCOTT EIZEMBER…
https://actionnetwork.org/petitions/stop-the-execution-of-scott-eizember-in-oklahoma/
November 5, 2022
An Open Letter to Debra Wyatt (daughter of AJ and Patsy Cantrell, who were victims of Scott Eizember in Oklahoma
In my advocacy to stop the execution of Scott Eizember, I came across an article written by Josh Dulaney in The Oklahoman on October 5, 2020 entitled, “Death Row, Oklahoma: How long could you wait for your parents’ murderer to be executed?” The article contains an extended interaction with Ms. Debra Wyatt…who is the daughter of Eizember’s victims A.J. and Patsy Cantrell. After reading the article, I was deeply moved in my spirit. Though there are comments from other family members, Ms. Wyatt’s words stood out. So, I decided to write her. Honestly, I know nothing about Ms. Wyatt. In fact, she could be unwilling or unable to read this for all I know. I hope not…I hope this letter finds Ms. Wyatt in good fortune. Obviously, I have no way of contacting her directly. So, I decided to construct this open letter responding to the words of hers that I encountered in the article. I hope they are received in the loving spirit from which they are written…and fall on open ears.
Ms. Wyatt’s thoughts/quotes from the article are italicized.
Dear Ms. Wyatt,
First and foremost, I am sorry for the murder of your parents, A.J. and Patsy Cantrell. As Southerners, I don’t know why we say that we are sorry for something that we didn’t do…but I feel like it is the only logical place to begin. Maybe a better way of saying it is that I am grieved for their murder…although that too seems misplaced because I know that your grief far outweighs any grief that I might carry. Nevertheless, I hope that you will understand that this letter is coming from a place of deep empathy.
First of all, let me introduce myself, my name is Rev. Dr. Jeff Hood. I am a Baptist minister whose career has long been focused on issues of public justice. For over a decade, I have ministered to and advocated for guys on death rows throughout our country. Such a ministry is what led me to Scott Eizember.
Since we can’t communicate directly, I can only respond to the things you said in the article. It is my hope to communicate with you as a fellow seeker of God.
“Oh, he’s got a beard now,” she said. “His eyes are blank, like there’s no soul behind them.”
I was struck…perhaps even surprised…by your first quoted statements about Eizember. While I am by no means an expert on judging souls…surely only God has such expertise…I can say that my experiences of Eizember have been the exact opposite. Our relationship has been one of mutual respect and encouragement based around curious conversations about spirituality and life. Honestly, I have found his soul to be very much intact. While by no means a perfect man…not even close actually…Eizember is…like all of us…a child of God
Struggling with multiple sclerosis, she is just a few years younger than her mother was when she was murdered. Wyatt wants to live long enough to gather with relatives and watch her parents’ killer die by execution.
I’m sorry that your health has not been ideal. While thoughts and prayers seem fleeting in such times, please know that mine are with you. It makes me sad that the execution of Eizember is something that you live for. I couldn’t be in a more different position. The potential that Eizember might be executed pains me greatly. In fact, if Eizember is executed I will experience grief similar (though certainly not the same) to what you experienced. When Jesus tells us to love our neighbor as we love our selves…I just don’t feel like killings/executions are an exception to the rule. I hope that you will consider that there are those that love Eizember and desire for him to live.
“People ask, ‘how do you get up in the morning after all you’ve been through?’” Wyatt said. “What’s the alternative? It becomes all about the killer after a while. To make it exciting or whatever. But it’s something we have to live with every day. And I’m not gonna lie. There’s been times I didn’t want to wake up in the morning.”
To be honest, I’m not writing for Eizember…as I have great faith that he is in God’s hands. I’m writing to speak directly to you. Your pain is visceral. There is no doubt about that. Though I can’t alleviate any pain that you’re going through…I do know that the execution of Eizember is not going to add to your healing. Jesus heals by giving life…not by taking life.
The purpose of this letter isn’t a lecture…it’s an invitation…an invitation to advocate for life. At Eizember’s clemency hearing on December 7, 2022, you will have the opportunity to stand before the Oklahoma Board of Pardon and Parole and choose life. Though I’m not sure if it will be enough to save Eizember’s life, I do know that it will be enough to give you a fuller life…the message of Jesus is always one of life.
Regardless of your choice, I do pray for God’s strength for you and your family in the difficult days that are ahead.
The Rev. Dr. Jeff Hood
Spiritual Advisor, Scott Eizember
November 20, 2022
PSALM 23! Vengeance Ain’t Your Shepherd! Save Scott Eizember!
Transcript of a sermon delivered on November 20, 2022. Video at https://www.youtube.com/watch?v=sxZZVXITvzI
Greetings. My name is Rev. Dr. Jeff Hood. I am coming to you today from a society that is in deep moral confusion. You see, every single day I wake up to stories of murder, to stories of killing, to stories of war, to stories of rumors of war. You see, we are a society that is experiencing a pandemic of violence, an epidemic of violence, and we are, as a society, deeply confused.
You see, in our minds, we think the way to end such things, the way to end murder, to end violence, to end killings, to end wars and rumors of wars is to perpetuate more killing and more violence and more wars, and to create more rumors of war. I come to you today from a society that is deeply confused. I come to you from a society that does not understand that you cannot teach people not to kill by killing. You cannot save lives by taking lives. You cannot create a just society by killing.
Murder is an injustice no matter where it takes place. Murder is evil no matter where it takes place. Murder is wrong no matter where it takes place. Moral confusion, my friends. We exist in a space of deep moral confusion. You see, I come to you today to advocate on behalf of Scott Eizember. Presently, he is scheduled to be the next person executed in the state of Oklahoma.
Decades ago, Scott committed a heinous act. His actions led to the death of AJ and Patsy Cantrell…which he followed up with a violent spree of other actions.
He was sentenced to death, I’m sure, by a bunch of people who were just as confused as society is today. They thought that murder and killing could stop more murder and killing. Death can stop more death. They were confused. Those who continue to advocate for more murder, for more killing, for more violence, for more war, for more rumors of war, they are confused. Just in the same way that they have been confused in this case of Scott Eizember. You see, God has nothing to do with killing. The message of Jesus is clear… Love your neighbor as you love yourself, no matter who, what, when, where, why, or how. Love your neighbor. How can we love our neighbors by killing? How can we love our neighbors by taking more lives? How can we love God? How can we love Jesus and kill Scott Eizember?
I want to speak today directly to those who think that murdering Scott Eizember. Vengeance isn’t going to do anything to help the state of Oklahoma…isn’t going to do anything, to help our world, to do anything to help our culture, our society. I want to speak directly to you from the 23rd Psalm.
The scripture says, God is my shepherd I shall not want. If God is your shepherd, then you shouldn’t want any killing. There should be no want for vengeance because God is your shepherd. You see, it is folks who, God is not their shepherd, that are desperate to kill, that are desperate for vengeance. My friends, I can tell you, God is all that we need. The message of love, the message of Jesus is enough. We don’t need no more killing. The message of love is enough.
The scripture says, God leads us besides still waters not the rough waters of killing, but the still waters of love and of life, not the chaos…the mayhem…of killing. But the still waters of life.
God makes us lie down in green pastures. He leads us beside still waters. Those green pastures and those still waters…that’s not a place of killing. That’s not a place of mayhem. That’s a place where God is real, that love is real. You see, the message of Jesus is to love your enemies. The message of God is to love your enemies, to find forgiveness in your heart. In the midst of whatever you’re going through, in the midst of confusion, you see that which is clear is love. That which is clear is grace. That which is clear is forgive. You cannot kill in forgiveness. You cannot kill in love. You cannot kill in grace. You see, those things have nothing to do with killing. The scripture says that God restores your soul. You see, God will restore your soul. Not more killing.
The execution of Scott Eizember will not restore your soul. It will not restore our society. It will not restore. Killing only destructs. Killing only makes us worse. It doesn’t make us stronger. It doesn’t give us grace. It doesn’t give us mercy. It just destroys you…it destroys us. See, God is waiting to restore your soul. Repent. Repent. Repent from killing. Repent from vengeance. Repent from this desire to cause more mayhem, more violence. Repent. God is guiding us on paths of righteousness for God’s namesake. You see, God is showing us what righteousness is. God is showing us that we can’t kill in order to make our society better. We can’t commit violence in order to make our society better. God is calling us to love…to grace…to forgiveness. God is calling us to stop the execution of Scott Eizember. Because it is not gonna make us more loving. It’s not gonna make us more graceful. It is not gonna make us more forgiving. It is going to make us worse. Please listen. It is God who restores our soul, not vengeance.
Paths of righteousness. Paths of grace. Paths of mercy, paths of love. Such things have nothing to do with killing You see, God says, even though I walk through the valley of the shadow of death, we are walking in this moment through the valley of the shadow of death. We are walking in this moment through the valley of the possible execution of Scott Eizember. If we are to listen to God, the God whose name is love, the God whose name is Grace, the God whose name is righteousness, the God whose name is peace, then we will walk through a such a space to life. We will not walk through such a space to death. We will not walk through such a space to execution.
So often we assume… If I don’t kill this person, if I don’t commit vengeance, if I don’t kill Scott Eizember, if I don’t commit vengeance against Scott Eizember, then I will be afraid. The scriptures say, I will fear no evil. God tells us to not fear any evil. For God is with us. God is with us. You see, the very rod and staff of God comfort us. Do not look to vengeance. Do not look to the death of Scott Eber to bring you any sort of comfort. God is the comforter. God is the one who shows us what love is. God is the one who shows us what grace is. God is the one who shows us what righteousness is. We do not have to fear. We do not have to fear who or what Scott Eizember could be. We have to trust God. That is not our place. Fear no evil, rely on God. Fear no evil, rely on God.
You see, the scripture says that God prepares a table before us in the presence of our enemies. If you believe that Scott Eizember is your enemy, God is preparing a place for you to sit with love, to sit with grace, to sit with mercy, to sit with righteous.
The scriptures say that God will anoint our heads with oil and our cups will overflow us. You see, if you choose, if you make the choice, if you look to grace, if you look to mercy, if you look to righteousness, God will anoint your head with oil. God will make your cup overflow. You see, there is great gain in love. There is great gain in righteousness. There is great gain in forgiveness, in mercy. If we want to make our society a better place, then we need to stop killing people…stop murdering people…stop committing ourselves to wars and rumors of. We need to step back from the needle. We need to stop these executions. We need to stop the execution of Scott Eizember.
The scriptures say… Surely goodness and mercy will follow me all the days of my life, and I will dwell in the house of the Lord forever and ever. If you want goodness and mercy to follow you all the days of your life, if you want goodness and grace to follow you all the days of your life, if you want goodness and love to follow you all the days of your life, then look to life. Look to the author of Life. Look to the author of Love, the author of Grace, the one who is shouting down from the heavens, who is advocating for God’s child…Scott Eizember, if you want to dwell in the house of God, if you want to dwell in the house of love, if you want to dwell in the house of grace, if you want to dwell in the house of mercy. STOP THE KILLING. Stop the murdering. Stop the wars. Stop the rumors of wars…and save the life of Scott Eizember.
Wake up Oklahoma! If you don’t want no more killings in your neighborhood, if you don’t want no more killings in your cities, if you don’t want no murders in your neighborhood, in your cities, stop the killing. You cannot teach a society not to stop killing by killing Scott Eizember. It is my prayer this day that you will choose who you will serve. Will you serve the God of grace, the God of love, the God of righteousness, the God who is leading us to a path of non-violence, who is leading us to a path of wholeness? Or will you rely on the vengeance you carry in your self? Will you rely on your own violence, your own desire for murder, your own desire for killing, your own desire, for vengeance? There is no life in these executions…there is only death.
If you continue to pursue the execution of Scott Eizember…there will be no life in your soul. There will only be death. Choose wisely. For the realm of God is at hand.
Amen.
November 27, 2022
Scott Eizember: A Petition for Prayer/Action
Dear Colleague.
My name is Rev. Dr. Jeff Hood and I serve as the spiritual advisor to Scott Eizember, who has been condemned to be executed by the State of Oklahoma on January 12. In the coming weeks, I will be participating in a clemency process for Scott that will culminate in a public hearing on December 7. Scott was convicted and sentenced to death for the 2003 murders of an elderly couple in Depew, A.J. and Patsy Cantrell. Of course, Scott is deeply remorseful for what happened…but that is not the reason I write…I write to talk about our witness as followers of Jesus.
As I’ve worked with Scott as his spiritual advisor, I’ve come to know him as a man that asks deep questions. Repeatedly, Scott has enquired why Christians in Oklahoma are so desperate to kill him. The only answer I could/can come up with is that there isn’t one thing Christian about an execution. While this answer might sound simple, it seems to be clearly supported by the basic message of Jesus.
I’m sure you remember the moment when one of the great scholars of the law approached Jesus with a deep question. “What is the most important commandment?” Jesus answered simply. “Love God with all your heart…with all your soul…with all your mind…and with all your strength. Then, love your neighbor as yourself. There is no greater commandment than these.” Everything we do should be centered around such a statement. But, what’s that got to do with the death penalty? How in the world can one love their neighbor by killing them? Jesus didn’t say your good or righteous or moral or innocent neighbor. In fact, Jesus didn’t offer us any exceptions. Scott Eizember is your neighbor. How can you follow the greatest commandments and kill him? You can’t.
In the coming weeks, I am asking you to join me in seeking to love our neighbor. While such an effort might not be your thing, surely love is. There is nothing loving about doing nothing. There is nothing loving about shrugging our shoulders in indifference when someone is killed. I am asking you to stand up against the killing. I am asking you to stand in your pulpits and say something. I am asking you to call, write or send messages by social media to the Board of Pardon and Parole, the Governor and anyone else that might be able to stop this killing. While you might not think that Scott Eizember is worth it, surely Jesus is…surely our witness of loving our neighbors is.
If nothing else, I covet your prayers for Scott.
The Rev. Dr. Jeff Hood
Spiritual Advisor, Oklahoma State Penitentiary (Death Row)
for more info about me: https://www.patheos.com/blogs/jeffhood/biography/
December 5, 2022
Preemptive Thoughts: Scott Eizember Clemency Hearing December 7 in Oklahoma
“Forgive them for they know not what they do.” No matter your religious preference, the words of Jesus Christ echo down through the centuries. Perhaps more than any other words ever uttered, they have come to be recognized as the very constitution of grace. Daily, I wonder what the application of such words would look like in our age. What does it mean to offer grace beyond that which is warranted or deserved? Our laws can only go so far to create a society that exemplifies grace. Primarily, due to the fact that laws reflect a baseline of society’s ethic not the height of ethical possibility. By most metrics, some as simple as driving down the main road of most towns, Oklahoma is an incredibly religious space. Yet, Oklahoma has a reputation for little grace when it comes to folks on death row. The clemency process before the Oklahoma Board of Pardon and Parole is anything but. In fact, we are more aware of mitigating factors than ever. Intellectual disability and mental illness seems to be more and more prevalent amongst the condemned. Racism plays a role in these death sentences…as it does in every other segment of our society. Horrific childhood abuse is common amongst those on death row. The circumstances are endless. Such facts don’t excuse the crimes, but they do go far in humanizing those Oklahoma has chosen to kill. Processes named clemency should include actual clemency. Below are the names of 119 people (those executed since 1990) that Oklahoma has shown no grace. How many of these had mitigating factors worthy of our clemency? Maybe grace isn’t something to be worthy of. Maybe it is something that should be given freely…or at least more freely than we’re presently willing to give. The cost of the death penalty is high. In fact, such cost is measured in these 119 circumstances where grace was withheld.
Charles Troy Coleman, Robyn Leroy Parks, Olan Randle Robison
Thomas Joseph Grasso, Roger Dale Stafford, Robert Allen Brecheen
Benjamin Brewer, Steven Keith Hatch, Scott Dawn Carpenter
Michael Edward Long, Stephen Edward Wood, Tuan Anh Nguyen
John Wayne Duvall, John Walter Castro Sr., Sean Richard Sellers
Scotty Lee Moore, Norman Lee Newsted, Cornel Cooks
Bobby Lynn Ross, Malcolm Rent Johnson, Gary Alan Walker
Michael Donald Roberts, Kelly Lamont Rogers, Ronald Keith Boyd
Charles Adrian Foster, James Glenn Robedeaux, Roger James Berget
William Clifford Bryson, Gregg Francis Braun, George Kent Wallace
Eddie Leroy Trice, Wanda Jean Allen, Floyd Allen Medlock
Dion Athanasius Smallwood, Mark Andrew Fowler, Billy Ray Fox
Loyd Winford Lafevers, Dorsie Leslie Jones Jr., Robert William Clayton
Ronald Dunaway Fluke, Marilyn Kay Plantz, Terrance Anthony James
Vincent Allen Johnson, Jerald Wayne Harjo, Jack Dale Walker
Alvie James Hale Jr., Lois Nadean Smith, Sahib Lateef Al-Mosawi
John Joseph Romano, David Wayne Woodruff, Randall Eugene Cannon
Earl Alexander Frederick Sr., Jerry Lynn McCracken, Jay Wesley Neill
Ernest Marvin Carter Jr., Daniel Juan Revilla, Bobby Joe Fields
Walanzo Deon Robinson, John Michael Hooker, Scott Hain
Don Wilson Hawkins Jr., Larry Kenneth Jackson, Robert Wesley Knighton
Kenneth Chad Charm, Lewis Eugene Gilbert II, Robert Don Duckett
Bryan Anthony Toles, Jackie Lee Willingham, Harold Loyd McElmurry III
Tyrone Peter Darks, Norman Richard Cleary, David Jay Brown
Hung Thanh Le, Robert Leroy Bryan, Windel Ray Workman
Jimmie Ray Slaughter, George James Miller Jr., Michael Lannier Pennington
Kenneth Eugene Turrentine, Richard Alford Thornburg Jr., John Albert Boltz
Eric Allen Patton, James Patrick Malicoat, Corey Duane Hamilton
Jimmy Dale Bland, Frank Duane Welch, Terry Lyn Short
Jessie James Cummings Jr., Darwin Demond Brown, Donald Lee Gilson
Michael Paul DeLozier, Julius Ricardo Young, Donald Ray Wackerly II
John David Duty, Billy Don Alverson, Jeffrey David Matthews
Gary Roland Welch, Timothy Shaun Stemple, Michael Bascum Selsor
Michael Edward Hooper, Garry Thomas Allen, George Ochoa
Steven Ray Thacker, James Lewis DeRosa, Brian Darrell Davis
Anthony Rozelle Banks, Ronald Clinton Lott, Johnny Dale Black
Michael Lee Wilson, Kenneth Eugene Hogan, Clayton Derrell Lockett
Charles Frederick Warner, John Marion Grant, Bigler Jobe Stouffer II
Donald Anthony Grant, Gilbert Ray Postelle, James Allen Coddington
Benjamin Robert Cole Sr., Richard Stephen Fairchild
On December 7, Oklahoma, through the Board of Pardon and Parole, will have the opportunity to proceed with yet another execution process, that of Scott Eizember (scheduled to be executed January 12). As Scott’s spiritual advisor, I am by no means an impartial observer. I have come to know him as he is, human…just like the rest of us. Surely, there is no grace in killing. Is it necessary to add another name to the list?
The Fight for Scott Eizember
Writings from a Capital Campaign
Jeff Hood
Full text below or available for purchase HERE.
December 5, 2022
Pay attention. Love is the test. Love is the answer. : Save Scott Eizember!
We’re losing consciousness. We don’t seem to notice. We just keep going faster. Will we destroy ourselves? Nobody seems to care. We are just interested in going further than those who came before us as quickly as possible. We call it progress. We are sorely mistaken.
In such a world, it seems ludicrous to ask people to slow down. Yet, slowing down is the only way to know where we are. So, I ask you to slow down.
So often, we fail to realize the evil things that are happening all around us. We’re in too big of a hurry to even take notice. We ignore evil at great cost. Often, losing our soul in the process. You see, when we ignore evil we become evil.
There is undoubtedly a need to respond to heinous crimes that are committed in our midst. When people kill there must be a consequence. Historically, society has often pushed the narrative that a killer must be killed. Perhaps, a simpler ethic has never been spoken. Tooth for tooth. Eye for eye. Body for body. Right? If we lived by such a rule, we would all be toothless, blind and bodyless. For, we are always making choices that detrimentally affect each other. But that doesn’t speak to the specific question of one who kills. Such a question is more complicated than simple platitudes. Right? Maybe not. Perhaps, it is sufficient to say that you cannot teach people not to kill by killing. There is a whole generation of young people growing up in a world that is teaching them to kill by killing. You see, the death penalty is not some distant punishment for the worst of the worst. There are real consequences attached to it. In fact, the consequences of the death penalty are here and wildly apparent. Namely, we are teaching the next generation to be comfortable with killing. That’s what the death penalty does. It teaches one to be comfortable with a certain type of killing.
Justice is on the tongue of those who promote the death penalty. Yet, vengeance is what rests in the heart. People want to kill because someone they love has been killed. While I think it’s a natural response, it makes little rational sense. Have you ever considered that we don’t rape people to teach them not to rape? We don’t assault people to teach them not to assault? We don’t slander people in order to teach them not to slander? We don’t use drugs to teach people not to use drugs? We don’t do these things because a society that is interested in ethical progress is interested in the rational reformation of such behaviors, not the blind continuance them. Nobody seems to be listening. If we continue to do what we’ve always done, we will get the same results. Surely, that is the very definition of lunacy. Our desire to kill should make us think more not less.
Like it or not, we’re all connected to each other. The decisions that we make have great impact. Regardless of the speed by which we travel, we do not walk alone. When the great ethicist Jesus Christ directly commanded us to love our neighbors, I don’t think that such thinking was intended for just some of our neighbors. We have an ethical responsibility to figure out how to love all of our neighbors, including those who reside on death row. The consequence of failing in such an effort is great. Love is so much bigger than passive understanding. Rather, it is about active engagement. We must slow down. We must listen to each other. We must stop running to the edge of a moral cliff. We must figure out a way to love all of our neighbors. Surely, the very health and wellbeing of our society depends on it.
Love your neighbor. Maybe the real test of such love begins in earnest next week. As convicted killer Scott Eizember stands before the Oklahoma Board of Pardon and Parole, will we find a way to love him? Or, will we allow yet another execution to proceed with little notice? Life is happening out here. Pay attention. Love is the test. Love is the answer. Love and killing don’t go together. So, love your neighbor on death row. Stop the execution of Scott Eizember.
December 7, 2022
Scott Eizember Clemency Letter
Scott Eizember – Wednesday, December 7, 2022 at 9:00 AM
Meeting Place: Zoom Webinar
Web Address: https://oklahomadoc.zoom.us/j/1605256917
Webinar ID: 160 525 6917
*This letter was included in the official packet for Scott Eizember’s Clemency Hearing.
November 14, 2022
To: The Pardon and Parole Board of the State of Oklahoma
Mrs. Cathy Stocker
Dr. Edward Konieczny
Mr. Larry Morris
Mr. Scott Williams
Mr. Richard Smothermon
You ever willed yourself to believe in something? I used to try. I used to believe that faith is the assurance of things hoped for. Now, I am more of a realist…especially with regards to this clemency process. Repeatedly, you have voted to deny clemency to some of the sickest individuals in the State of Oklahoma. Persons who regularly have no concept of where they are…much less why they are being executed. Benjamin Cole thought that he was going to rise from the dead three days after he was executed. I know. He told me. You see, I served as one of his spiritual advisors too. In going through his property that he left me, I saw collections of letters and numbers that were some of the wildest manifestations of writing that I’d ever seen. There is too much danger in believing that this letter is going to mean anything to you. I can’t live like that anymore. One is better off fighting for justice in the streets than participating in this process. Yet, here I am. Trying to save the life of another person that I advise, Scott Eizember. Why? I’m not sure. I guess I can’t help but wonder if there is any modicum of humanity left in Oklahoma…a small piece of the image of God that might finally decide that life is too precious thing to waste. I don’t know. I guess I only know to return to hope. Peril finds me once more. Will Scott Eizember be anything more than a pound of flesh to be processed on the way to the slaughter? You’re the only one who can answer that. As far as my participation, all I can do is write. So out of the weariness of my despair in this process, I begin.
As you read the words that follow, I encourage you to listen to them through the prism of the words that Pastor (and your current Chairman) Scott Williams delivered at Grace Family Church in Florida less than three months ago, instructing people on what to do in the midst of great difficulty, “Seek God’s voice.”
Make no mistake, the death penalty is a symptom of a much larger disease. You see, these are dangerous times. Our ability to interact with each other is limitless. Yet, our understanding of our common humanity seems to decline with each second. It seems as if the more that we connect the less that we think that each other matter. Far from being who we are, humanity is simply seen as a byproduct of what we do…breathe. We are terrified of meditation because we don’t know what we will find deep within. We even more terrified of honest interaction with others because they too might discover who we really are. We are cowards desperate to harness belief both within and without that our disguises are believable. This is the contemporary iteration of humanity from which we encounter the other…each other. The devil that prowls around us is not some anthropomorphic manifestation of evil…it is the tendency to believe that the only thing that matters are our masks…our assumption that we can destroy to make ourselves more whole. If we are to see where God is…to know where love is…we have to be willing to be seen and to see…to step into places of deep discomfort and offer our true selves. To do anything other than place our bodies into life…into the pursuit of being human…is to fail at the one thing that matters most…love…love of self and love of neighbor. Such love begins with loving the unlovable…again both within and without.
Then each of them went home, while Jesus went to the Mount of Olives. Early in the morning he came again to the temple. All the people came to him and he sat down and began to teach them. The scribes and the Pharisees brought a woman who had been caught in adultery; and making her stand before all of them, they said to him, “Teacher, this woman was caught in the very act of committing adultery. Now in the law Moses commanded us to stone such women. Now what do you say?” They said this to test him, so that they might have some charge to bring against him. Jesus bent down and wrote with his finger on the ground. When they kept on questioning him, he straightened up and said to them, “Let anyone among you who is without sin be the first to throw a stone at her.” And once again he bent down and wrote on the ground. When they heard it, they went away, one by one, beginning with the elders; and Jesus was left alone with the woman standing before him. Jesus straightened up and said to her, “Woman, where are they? Has no one condemned you?” She said, “No one, sir.” And Jesus said, “Neither do I condemn you. Go your way, and from now on do not sin again.”
– John 7:53–8:11 (NRSV)
The clemency board is standing over someone who is guilty. Make no mistake, Scott Eizember is responsible for the deaths of the Cantrells and all the terror that came after. Like it or not, the courts have determined that Eizember is to be executed. You stand ready to make sure that the sentence is carried out. I mean that’s what the law commands right? Isn’t this an especially egregious case? Yet love…our common humanity…demands more.
Jesus bent down and started writing in the dirt. I’ve often wondered what was written there. Frequently, I’ve come to the conclusion that Jesus was writing the sins of the Pharisees. What would it be like if this clemency process was about you rather than Scott Eizember? How would you want to be judged? If you are like the Pharisees, you bristle at such a notion. You would immediately declare, “I haven’t committed such horrific crimes!” Well, if the wages of sin are death, then we have all committed such crimes. One might argue at this point that this is not a religious body. To that I would respond, you’re right…this is a human body that demands humanity. Jesus showed us what was best about humanity…grace.
“Let you who are without sin…” It is my prayer that as you ponder such a phrasing, you will walk away from this execution. I am under no illusion that a vote for clemency will stop the execution of Scott Eizember. It seems as if the Governor is determined to execute as many people as possible. So, I guess it’s fair to say that this is as much about you as it is about Eizember. Who do you want to be? Do you want to be the executioner or the purveyor of grace?
“Go and sin no more.” There is great liberation in such a phrase…both within and without…for us all. The turning. The leaving. The walking away to newness of life. You see, Eizember is no different than any of the rest of us…hopeless without grace. Out here, we are drowning in cynicism about a clemency process that is so devoid of humanity. So, I humbly ask you to prove such despair to be misplaced. Whether you believe Scott Eizember deserves it or not, show us that grace matters again. Please…do not deny that which has been so freely given to you.
The Rev. Dr. Jeff Hood
Spiritual Advisor, Scott Eizember
December 18, 2022
Christmas, Scott Eizember, Christian Nationalism and False Promises of Peace
Just a few short weeks ago, I participated in the clemency hearing of Scott Eizember. Seated at the front of the room, I declared that it is always going to be evil to kill a child of God. Without hesitation, I declared, “Where is God at in a process such as this?” Seeing that Scott’s lawyers and I went first, my remarks served to change some of the tone of the hearing thereafter. Of course, there were all of the traditional arguments that were going to be made anyways…but there was something else that reared its’ ugly head…the idea that God was involved in…even guiding…a process that would lead to Scott’s righteous execution. One of the original prosecutors that tried the case stated that God was present in his argument because God had always been present in our democracy. Of those who have been enslaved and eradicated by our government might disagree. In addition to such a wild argument, multiple family members of the victims…the Cantrells…made the argument that Scott’s execution was the only means by which God could bring them peace. Bad theology always brings about bad consequences…but bad theology when someone’s life is on the line can be deadly.
Christian nationalism is not just heresy…it is the epitome of dumbassticity. How in the world could a nation that eradicates, enslaves and oppresses people throughout its’ history be considered the standard bearer of God’s will? Our democracy is not a divine construct…it is made up of people and it is only as good as the people who make it up…which throughout our history has often been suspect. God is not a citizen of these United States. God is holy…and one of the holiest attributes of God is love. I don’t see how executing Scott has anything to do with love. Contrary to what the idiot prosecutor argued in the clemency hearing…God will not be the one executing Scott…we will be…including those of us who feel that our only option to resist is to try to make an evil system better. I’ve always believed that God is with those who stand against evil. Isn’t killing somebody always going to be evil?
As I listened to the harsh words of the Cantrells, I was reminded of the words of Christ, “You shout ‘Peace!’ ‘Peace’ and there is no peace.” You see, they kept repeating variations of the phrase, “We’ll finally be at peace when Scott Eizember is dead.” Honestly, I couldn’t believe that they had let Scott maintain that level of power and control over them. Do they honestly think that killing Scott is going to get him out of their head? I doubt it. If he has lived there rent free for decades, I don’t think he’s going to be moving out just because he’s dead. Beyond the purely illogical nature of such a statement, it also reveals a really problematic understanding of God. You see, the peace of God exists beyond our circumstances. The one who has true peace…the peace of God…is not dependent on anything else for that peace. If you desire the death of another human…you desire it for your own reasons/purposes…not for God’s. I suspect that the Cantrells have two words mixed up…peace and vengeance. The death of Scott Eizember might bring the vengeance that they long for…but it sure as hell ain’t going to bring about no peace.
In the days ahead…before Scott Eizember is likely executed on January 12…we will celebrate Christmas. Think back to Bethlehem. Think back to the manger. The baby brought peace. The angels declared as much. Why then have we turned the incarnation of God into a monster that carries out our vengeance?
January 9, 2023
Scott Eizember & Rev. Dr. Jeff Hood Sue OK Department of Corrections for Violation of Religious Freedom
Background:
Scott Eizember is scheduled to be executed on January 12, 2023. Like every other prisoner on death row in the United States, Eizember was given the opportunity to choose a minister to accompany him during his execution. He chose his trusted friend and mentor, Rev. Dr. Jeff Hood, who has now visited Mr. Eizember in the Oklahoma State Penitentiary at McAlester without incident for several months. In the 2022 US Supreme Court decision in Ramirez v. Collier, the US Supreme Court voted 8-1 to safeguard the right of a condemned prisoner to have his chosen minister inside the death chamber, touching the prisoner and praying out loud.
Press Release:
McAlester, Oklahoma – Upon learning that the Oklahoma Department of Corrections plans to deny Scott Eizember’s right to have his chosen Clergy of Record in the death chamber with him as he is being executed at 10am on Thursday, January 12, 2023, attorneys for Eizember will file a complaint on his behalf today with the U.S. District Court for the Western District of Oklahoma.
Rev. Dr. Jeff Hood, Clergy of Record for Scott Eizember, is also a party to the complaint. Hood, along with Attorney Greg Gardner, Attorney Randall Coyne and Death Penalty Action Director Abraham Bonowitz will provide background, discuss next steps, and take questions at a press conference via Zoom at 10am CT today, Monday, January 9, 2023.
Complaint:
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
SCOTT EIZEMBER, §
Civil No. _________________
JEFFREY K. HOOD, §
THIS IS A CAPITAL
Plaintiffs, § CASE.
§Mr. Eizember is scheduled to
be executed on
STEVEN HARPE, Director, Oklahoma § THURSDAY, JANUARY 12,
Department of Corrections, § 2023.
JIM FARRIS, Warden, Oklahoma State §
Penitentiary, §
JUSTIN FARRIS, Chief of Operations, §
Oklahoma Department of Corrections, §
Defendants. §
COMPLAINT UNDER 42 U.S.C. § 1983
Randall T. Coyne* Gregory W. Gardner**
Attorney at Law Attorney at Law
MBA # 549013 P.O. Box 2366
300 Timberdell Road Boulder, Colorado 80306
Norman, Oklahoma 73019 (202) 553-1651 (telephone)
(405) 834-9317 (telephone) gardnerlegal@gmail.com
(405) 325-0398 (facsimile)
*Counsel of Record
**Application for Admission Forthcoming
INTRODUCTION
Let this be recorded for a generation to come, so that
a people yet to be created may praise the LORD:
to hear the groans of the prisoners, to set free those who
were doomed to die
PSALMS 120: 18, 20.
Plaintiff Scott Eizember is a prisoner incarcerated at the Oklahoma State Penitentiary in McAlester, Oklahoma. His Oklahoma DOC number is 497824.
The Department of Corrections (“DOC”) is incarcerating Mr. Eizember under a sentence of death and intends to execute him by lethal injection on Thursday, January 12, 2023, at the Oklahoma State Penitentiary in McAlester, Oklahoma.
Eizember is a practicing Catholic.
Plaintiff Jeffrey K. Hood is a Catholic Priest in the Old Catholic Church. Att. A. His religious beliefs are a mixture of ministry and advocacy. The Reverend Doctor Hood ministered this religious philosophy to Mr. Eizember, and Mr. Eizember accepted this philosophy as his own. Att. C.
Hood is Mr. Eizember’s chosen spiritual advisor. Dr. Hood agreed to serve in this capacity and to minister to Mr. Eizember until and including performing religious services in the execution chamber.
On Wednesday, January 4, 2023, the Oklahoma DOC rejected Dr. Hood’s and Mr. Eizember’s efforts for Dr. Hood to be in the execution chamber with Mr. Eizember during his execution.
Through the required Oklahoma DOC channels, Mr. Eizember has filed a grievance requesting that Dr. Hood be his spiritual advisor in the execution chamber. Due to the late date of Dr. Hood’s rejection, Mr. Eizember’s grievance could not be submitted earlier. Indeed, he submitted it quickly given the circumstances. And for the same reasons, the Defendants have not been able to respond, preventing Mr. Eizember from filing an appeal if applicable and necessary.
Relief is necessary for both Plaintiffs. Mr. Eizember will be executed in violation of the United States Constitution’s First Amendment Free Exercise Clause and when substantially burdening the exercise of his religion under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIP).
Hood requires relief too. He is being excluded from the execution chamber in violation of his religious beliefs and practice. Upon information and belief, the Defendants are excluding Dr. Hood due to his activism outside the prison system. Because this activity is an integral part of Dr. Hood’s religious beliefs, Att. E, the DOC’s actions based on these religious practices also violate Dr. Hood’s First Amendment Free Exercise Clause rights.
JURISDICTION
The Court has jurisdiction under 42 U.S.C. § 4200cc-1, 28 U.S.C. §§ 1343, 1651, 2201, and 2202, and 42 U.S.C. §1983.
VENUE
Venue lies in the Western District under 28 U.S.C. 1391 because the judicial district is the home of the headquarters of the Oklahoma Department of Correction (3400 N Martin Luther King Ave, Oklahoma City, Oklahoma 7311), where “a substantial part of the events or omissions” occurred that resulted in the denial of Mr. Eizember’s rights to have his chosen spiritual advisor with him in the execution chamber. And Mr. Eizember resides at the Oklahoma State Penitentiary in McAlester, Oklahoma, which is overseen by the Oklahoma Department of Corrections. Furthermore, the Defendants intend to execute Mr. Eizember in a prison run by the Oklahoma Department of Corrections.
And the venue lies in the Western District for Dr. Hood because a substantial part of the activities resulting in the denial of his religious rights occurred in that district.
PARTIES
Plaintiff Scott Eizember is a prisoner on death row at Oklahoma State Penitentiary in McAlester, Oklahoma. He is under a sentence of death and scheduled to be executed on Thursday, January 12, 2023.
Plaintiff Rev. Dr. Jeffrey K. Hood is a priest in the Old Catholic Church. Dr. Hood is Mr. Eizember’s spiritual advisor. And he is being excluded from the execution chamber for Mr. Eizember’s execution and presumably other executions as well.
Defendant Steven Harpe is the Director of the Oklahoma Department of Corrections. He oversees the agency that seeks to execute Mr. Eizember. He is being sued in his official capacity.
Defendant Jim Farris is the warden of the Oklahoma State Penitentiary. This prison is the one where Mr. Eizember is housed and where prisoners are executed. He is being sued in his official capacity.
Defendant Justin Farris is the Chief of Operations of the Oklahoma Department of Corrections. He is the advisor to Director Harpe with regard to the day-to-day operation of the Oklahoma Department of Corrections. He is being sued in his official capacity.
FACTUAL BACKGROUND
Hood and Mr. Eizember met in the Fall of 2022. Dr. Hood’s ministry reaches out to death-row prisoners who are approaching execution, so he contacted Mr. Eizember toward the end of his legal case and shortly before execution.
Since September of 2022, the DOC has allowed Dr. Hood into Oklahoma State Penitentiary to visit 4 different prisoners as a spiritual advisor, including Mr. Eizember. Permission was granted for these visits after a series of phone conversations, submission of clergy documents, and an extensive background check. Dr. Hood apparently was not enough of a security concern to prevent him from entering the prison and interacting with prisoners such as Mr. Eizember. In fact, Dr. Hood visited the prison multiple occasions over a period of multiple months without incident (as recently as a few weeks ago).
Eizember was eager to meet Dr. Hood. He quickly steered the conversation toward developing a spiritual-advisor relationship with Dr. Hood after a brief period of skepticism brought on by previous negative relationships with other spiritual advisors. Att. C.
Hood agreed to be Mr. Eizember’s spiritual advisor. Att. B.
During their relationship, Dr. Hood prayed with Mr. Eizember, read scripture with Mr. Eizember, taught ethical methods to Mr. Eizember, listened to Mr. Eizember’s innermost thoughts, heard confession from Mr. Eizember, spoke at the clemency hearing for Mr. Eizember, reconnected Mr. Eizember with an estranged child, provided spiritual guidance to Mr. Eizember, led a clemency campaign for Mr. Eizember, cried with Mr. Eizember, spoke out for Mr. Eizember, laughed with Mr. Eizember, and a whole host of other things. In short, Dr. Hood is Mr. Eizember’s pastor.
At Mr. Eizember’s request, Dr. Hood agreed to accompany him into the execution chamber to minister to him at that critical hour.
To do so, Dr. Hood went through a thorough application process, including a background check. Att. B, D. In response, Dr. Hood submitted a plethora of documents and submitted to numerous interviews. Att. B, D.
CLAIMS FOR RELIEF
Hood and Mr. Eizember incorporate by reference and re-allege the allegations contained in the previous paragraphs of this Complaint.
CLAIM ONE: FIRST AMENDMENT FREE EXERCISE OF RELIGION: Plaintiffs Scott Eizember and Dr. Jeffrey K. Hood`
The First Amendment to the United States Constitution requires States to “make no law . . . prohibiting the free exercise of” religion. U.S. Const. amend. I. See alsoCantwell v. Connecticut, 310 U.S. 296, 303 (1940) (holding that the Free Exercise Clause is applied to the States through the Fourteenth Amendment to the United States Constitution).
After a period of precluding clergy from the execution chamber, the DOC now allows them into that chamber. To gain access to their parishioners, clergy must submit to a background check and interviews.
When the DOC receives the combined results, the Defendants decide whether a spiritual advisor will be allowed into the execution chamber. Their decision is final as far as the DOC is concerned.
Eizember is scheduled to be executed on Thursday, January 12, 2023. According to United States Supreme Court precedent, Mr. Eizember is entitled to a spiritual advisor with him in the execution chamber. E.g., Dunn v. Smith, 141 S. Ct. 175, 175 (2021). While prison security is a valid concern, the Defendants must connect their actions excluding spiritual advisors to that security. Ibid.
When State actors hinder a person’s ability to practice his religion, courts first must determine if the action is neutral and generally applicable. Church of the Lukumi Balbao Aye, Inc. v. Hialeah, 508 U.S. 520, 531 (1993).
If it is neutral and generally applicable, the State action can have an “incidental effect of burdening a particular religious practice.” Ibid.
If the State action is not neutral and generally applicable, it must survive strict scrutiny. Governments survive strict scrutiny when they show a “compelling governmental interest” that is “narrowly tailored to advance that interest.” Ibid.
Here, the DOC’s actions are not neutral. They are hostile toward religion. Indeed, they deny a prisoner his chosen spiritual advisor at the most critical juncture of his life: his death. Because it is not neutral, the DOC’s actions must survive strict scrutiny. They cannot. The DOC has allowed Dr. Hood to visit the prison to minister to Mr. Ezimber. In fact, Dr. Hood has visited four prisoners in recent months. The DOC has not stopped him or limited his activities more than usual. And the DOC is even allowing Dr. Hood to visit Mr. Eizember in the days before his execution, recognizing the importance of a chosen spiritual advisor ministering to a condemned prisoner.
Other, less severe measures are available to the DOC. Most obviously, it could ensure that its employees are trained properly to secure the execution chamber against one person. Similarly, it can add an employee or two to ensure security. Either solution presents a less onerous impact on Mr. Eizember’s and Dr. Hood’s religious practice, and they are more narrowly tailored to protect prison security.
CLAIM TWO: THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT (“RLUIPA”): Plaintiff Scott Eizember
Hood and Mr. Eizember incorporate by reference and re-allege the allegations contained in the previous paragraphs of this Complaint.
Even if this Court determines that the DOC’s rejection of Dr. Hood’s presence in the execution chamber does not violate the First Amendment, it should find that this State action violates RLUIPA.
RLUIPA states in part that “[n]o government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution,” unless the burden furthers “a compelling governmental interest,” and does so by “the least restrictive means.” RLUIPA “alleviates exceptional government-created burdens on private religious exercise.” Cutter v. Wilkinson, 544 U.S. 709, 720 (2005).
RLUIPA provides more “expansive protection” for religious liberty than the United States Supreme Court First Amendment case law. Holt v. Hobbs, 574 U.S. 352, 358 (2015). “In RLUIPA, in an obvious effort to effect a complete separation from the First Amendment case law, Congress deleted reference to the First Amendment and defined the ‘exercise of religion’ to include ‘any exercise of religion, whether or not compelled by, or central to, a system of religious belief.’” Burwell v. Hobby Lobby Stores, 573 U.S. 682, 696 (2014) (quoting 42 U.S.C. § 2000cc-5(7)(A)).
State actions that stop Dr. Hood from ministering to Mr. Eizember at the time of his death violates their religious practice at the most vital moment of his life: his transition from life to the afterlife. See, e.g., Holt, 135 S. Ct. at 862 (determining that where a prisoner shows the exercise of religion “grounded in a sincerely held religious belief,” enforced prohibition “substantially burdens his religious exercise”). It, thus, substantially burdens the practice of his religion.
Because the Defendants’ actions do substantially burden the Plaintiffs’ religious beliefs and practices, the Defendants must satisfy the strict-scrutiny test. In other words, the Defendants must prove the State action is “the least restrictive means of furthering [a] compelling governmental interest.” 42 U.S.C. §2000cc-1(a).
The strict scrutiny standard is “exceptionally demanding.” Holt, 574 U.S. at 353 (quoting Hobby Lobby Stores, 573 U.S. at 728). And the Defendants have the burden to show they can meet this difficult test. at 357, 362.
Here, the Defendants cannot show a compelling government interest. As discussed above, prison security is a concern and government interest. In this case, however, it is not compelling. To be compelling, the governmental interest must be a necessity and not a matter of discretion. The Defendants’ actions are a matter of discretion. Given the security measures the Defendants can easily take, this decision is largely discretionary.
Likewise, the Defendants cannot prove they have employed the least restrictive way to further that governmental interest. Also as discussed above, the Defendants have multiple ways to ensure the security of the prison. They can better train their execution-team employees, for example. They can also order more employees into the execution chamber to guard Dr. Hood. These are only two examples.
And the Defendants’ action is further complicated by the fact that they have allowed Dr. Hood into the prison multiple times to minister to multiple prisoners. More specifically, they have allowed Dr. Hood to visit Mr. Eizember multiple times. Even after rejecting Dr. Hood’s efforts to be in the execution chamber, they have allowed Dr. Hood to continue ministering to Mr. Eizember and he is scheduled to meet with Mr. Eizember in person in the days leading up to his execution. Dr. Hood clearly is not a security concern.
Accordingly, if the Court concludes that the DOC’s revised policy does not violate the First Amendment, it should decide that the policy violates RLUIPA.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs Scott Eizember and the Reverend Doctor Jeffrey K. Hood prays that this Honorable Court provide relief as follows:
A declaratory judgment that the Defendants’ action to preclude Dr. Hood from Mr. Eizember’s execution chamber violates Mr. Eizember’s First Amendment rights under the Free Exercise Clause;
A declaratory judgment that the Defendants’ action to preclude Dr. Hood from Mr. Eizember’s execution chamber violates Dr. Hood’s First Amendment rights under the Free Exercise Clause;
A declaratory judgment that the Defendant’s preclusion of Dr. Hood violates Mr. Eizember’s rights under RLUIPA;
A preliminary and permanent injunction prohibiting the Defendants from executing Mr. Eizember until they can do so in a way that does not violate his rights; and
A preliminary and permanent injunction prohibiting the Defendants from executing Mr. Eizember until they allow Dr. Hood into the execution chamber during Mr. Eizember’s execution.
Respectfully submitted,
/s/ Randall T. Coyne /s/ Gregory W Gardner
Randall T. Coyne* Gregory W. Gardner**
Attorney at Law Attorney at Law
MBA # 549013 P.O. Box 2366
300 Timberdell Road Boulder, Colorado 80306
Norman, Oklahoma 73019 (202) 553-1651 (telephone)
(405) 834-9317 (telephone) gardnerlegal@gmail.com
(405) 325-0398 (facsimile)
*Counsel of Record
**Application for Admission Forthcoming
VERIFICATION
I, Gregory W. Gardner, attorney for the Plaintiffs in the above-titled action, state that to the best of my knowledge and belief, the facts set forth in this Complaint are true.
Executed on Sunday, January 8, 2023.
/s/ Gregory W. Gardner
Gregory W. Gardner
January 12, 2023
Thoughts Before the Chamber: On The Execution of Scott Eizember
Danger seems to be lurking everywhere. Not the danger that will kill you immediately. More so, the type of danger that will kill you slowly…one choice at a time. I never thought it would be this hard. You see, I’m a purist. I believe in moral absolutes…or at least I did. There is nothing clear about working with guys on death row. Of course, there is no question that we are called to befriend and defend the condemned. The message of Jesus makes that abundantly clear. But what happens when the condemned asks you to participate in an execution? Of course, you are simply being asked to be love in the midst of a time of murder…but what happens when you start feeling like a part of the process? This morning, I will serve as a spiritual advisor at the execution of Scott Eizember. I’m not going to be killing anybody…but I will be at the scene of the crime. I will be standing there in prayer while the State of Oklahoma takes a life for no other reason but vengeance. Maybe I am being to hard on myself…but I guess that’s what a purist does. Yet, there is nothing pure about this process. It ensnares us all. We all become a little less human every time it happens. Even those of us who have dedicated our lives to ending the death penalty are not left out. We try to do good. We try to stop it…but…these executions are still taking place in all of our names. Even for someone like me…who will literally be the last person to talk to Scott…the burden of participation feels immense. Maybe the reason that I am feeling like this is so that I might share such feelings with others. For, the only way that this heinous practice of state killing is going to stop is if we all feel the burden of our participation. So, maybe the best thing about being in the chamber this morning is gaining the humility to know that no one is pure…not even someone willing to give their life for this cause. Truly all have sinned and fallen short of the glory of God. I’ve always been told that…but today I’m really feeling it. I guess I still believe in moral absolutes. But this morning…it is very clear that sometimes we have to be reminded that we haven’t arrived yet. There is danger lurking everywhere. We just have to navigate it the best we can…and hope that God forgives us when we fall short. Then again, faith is the assurance of things hoped for. So, let us put our hope in life…in a clear belief that we can’t always be perfect…but we can try. I have faith in the abolition of the death penalty. I just don’t have faith that it is going to end this morning.
January 14, 2023
Scattered Postmortem Thoughts: On the Execution of Scott Eizember
“This way!” From the point that I arrived at Oklahoma State Penitentiary to the moment I left, I was surrounded by officers. For someone aware of the many videos of police brutality, such attention is everything but comforting. I guess I should’ve expected it. After all, I was the wildly dangerous pastor seeking entrance into Oklahoma’s Execution Chamber. For over a week, I’d been fighting to arrive at this point. From filing a federal lawsuit to pushing back on various slanderous comments released by the Department of Corrections’ spin machine, I did not back down. Scott Eizember asked me to accompany him to the execution chamber and that was precisely what I intended to do…no matter how long it took. Time was on our side. Lawsuits move at a glacial pace in this country. Even those that are emergency petitions. In the end, the Department of Corrections backed down. Not because it was the right thing to do. Hardly. In fact, I have no doubt that but for the outstanding work of lawyer Greg Gardner and the assistance of Randall Coyne such a victory would have never happened. When you talking about the prize being watching someone die, victory is a funny word. Yet, I do think a victory for religious liberty was won. Before this moment the Department of Corrections seemed to know so little about the long history of spiritual activism in this country that the Department would have even excluded Dr. Martin Luther King, Jr. from the execution chamber. I mean, he had a variety of protest arrests and incendiary comments attached to his ministry as well. Such a realization goes far to speak to just how ignorant this whole process has been. Nobody should be surprised, violating religious liberty is always ignorant. The indignity of it all didn’t stop there. Don’t forget that I watched a perfectly healthy human be executed before my eyes. How many other pastors can say that? Not many. I’m still trying to find some life.
“Only cowards kill in a closet.” That was my reply when somebody asked me what I thought about the execution taking place in such a remote space at such an odd time of the day. I’ll never forget the coldness of the day. It was cold inside. It was cold outside. No jacket could ever have protected me against it. I watched a man’s face turn every color of the rainbow right before my eyes. I wasn’t alone. In what was perhaps the most bizarre part, dozens of Oklahomans had gathered to witness the execution live. I felt like I was part of some sort of dystopian climax of a bad film. Yet, it was real. I kept telling Scott I loved him. I hope it brought some comfort. That’s what I’d fought so hard to give. I felt no comfort. I felt like an accessory to murder. I felt like I’d emotionally held someone down while the gathered killed him. Maybe I’m being too harsh? Maybe I’m not being harsh enough? Ultimately, I’m no different than you. Like it or not, we were all perpetrators of this atrocity. That’s the reality of the death penalty…it turns all of us into killers. I thought I was bringing God to Scott in those moments…but I think in all actuality he was bringing a chance at salvation to me…to us. The very body of Scott Eizember calls out for repentance. Stop the madness. Embrace hope. Believe in Love. Until then, we remain murderers condemned by a lie, that there is life to be found in executions.
January 16, 2023
The Hope of Scott Eizember
“To be absent from the body is to be present with God.”
Scott Eizember’s final days were filled with talk of what was to come. While we both had questions, I have no doubt that we both had hope. I guess hope is often the best we can do. Of course, faith is the outcome of hope…even the assurance of things hoped for. In Scott’s final days, he developed hope…a lasting hope. So often, we try to make the hope of others match our hope. We want people to believe as we believe. We want people to pray as we pray. We want people to ascribe to the doctrines that what we ascribe to. The problem is that we is not me nor is we me. We are who we are. Everybody gets to hope on their own path. Above all else, the goal is to get there. Scott did.
“Imagine what it’s going to be like to see your mother.”
Scott Eizember’s mother committed suicide when he was 8 months old. To say that she left a gap in his life would be an understatement. For over six decades, Scott felt her absence. Every time a woman got close to him, Scott was terrified that she was going to leave him. Such terror filled him on a regular basis. He responded by consistently pushing women out of his life…sometimes in rageful ways. Even in his final days, I watched this juxtaposition play out. So, when we talked about him getting to meet his mother again. We weren’t just having a pie in the sky conversation. We were talking about the healing of the affliction that haunted him his entire life. When he was on the gurney, the thought of meeting his mother is one of the things that comforted him the most.
“Imagine what it’s going to be like…”
In addition to talking about Scott Eizember’s mother, we talked about the hope of interacting with his stepmother. After Scott’s mom died, his stepmother stepped in and became a pivotal maternal figure in his life. Unfortunately, Scott’s stepmother died when he was a teenager. This was another moment in his life where he felt abandoned by a pivotal woman in his life. After his stepmother’s death, Scott’s father started abusing him in increasingly violent ways. Over time, Scott had to run away from home. In the years after, his dad didn’t even look for him. It would seem that his dad didn’t even care. Before Scott was executed, I mentioned that he would get to see both his stepmother and his dad again as well. After a brief pause, Scott expressed his deep excitement about seeing his stepmother again. Then, he said he didn’t necessarily want to see his dad. Quickly, I added that the dad that he would meet wouldn’t be the same dad he left behind in his youth. I told him that all was going to be made well.
“I hope so.”
Not long after Scott was executed, someone who knew him in his early life sent me a picture of him when he was a kid. As I looked at the picture, I saw the same hope that I saw when I last saw him on the gurney. By now, I have no doubt that that hope has been made complete. Furthermore, I also have no doubt that my hope to see Scott made full will one day also be made complete. For hope never fails…
January 19, 2023
Nonviolent Activism, Stress and a Major Victory in Oklahoma: On Attorney General Gentner Drummond’s Motion to Delay Executions
Less than a week ago, I peacefully stood next to the gurney while the State of Oklahoma killed Scott Eizember. I didn’t arrive at that place of ministry easily. In fact, the Department of Corrections (DOC) was determined to make sure that I wasn’t allowed to be there. Undeterred, fellow activists (and lawyer allies) and I launched a campaign to force them to back down. It was our desire to create as much stress as possible. From incessant phone calls to media interviews to a federal lawsuit to creating political pressure along with a whole host of other actions, we did. In addition, DOC was forced to create all sorts of special circumstances to mitigate the perceived threat that they erroneously thought I was. More directly, they had to save face. Such posturing created more stress on them. Shortly before he was executed, I told Scott that our work would help all the other guys on death row. I know he took great satisfaction in that truth. Honestly, I had no idea how right such a statement would be. You see, this morning Oklahoma Attorney General Gentner Drummond filed a motion seeking to delay upcoming executions. While I don’t know everything that went into this decision, I do know that we created much of the stress that Attorney General Drummond cited concerning the last execution. In short, we fought back and now the guys on death row have more time. This is something that no other set of activists or lawyers in Oklahoma has been able to recently accomplish. Surely, this speaks to the lunacy of gradualistic tactics when people are dying. Due to my recent quarrels with the DOC, I want to make something very clear…my tactics have always been nonviolent (peaceful) and very effective. I don’t ever intend to sit back and let government killing of its’ citizens ever become an easy process. I know that everyone I work with feels the same way.
Now, may the love of God that strengthened Scott Eizember in his final days strengthen you on this day, in the days to come and forevermore.
Amen.