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Friday, May 26, 2000

Clayton executed for 1987 murder
By Jason Gibbs
Reporter-News Staff Writer

HUNTSVILLE — The convicted killer of a young Abilene woman offered few words of comfort and none that admitted his guilt before he died Thursday night.

James Edward Clayton was executed behind the towering, red brick walls of the Huntsville Unit, fulfilling a sentenced handed down by an Abilene jury in 1988.

Clayton was convicted for the murder of 27-year-old Hawley Elementary School teacher Lori Michelle Barrett in 1987. He was the second Abilene killer to die this month. William Joseph Kitchens was executed May 9 for the 1986 rape, robbery and murder of Patricia Leanne Webb.

Four members of Barrett’s family and one family friend witnessed the execution.

“He lived too long and died too easy,” Joe Insall, Barrett’s stepfather, said after the execution.

Barrett’s mother, Myrna Insall, did not witness the execution, but attended a news conference after the death sentence had been carried out.

“She was a wonderful person,” the victim’s mother said as she broke into tears. “This never should have happened to her. This was terrible.”

Among the family members who witnessed Clayton’s execution was the victim’s brother, David Barrett. He said he was there to see that Clayton was put to death to ensure he could not repeat his crime.

David Barrett noted his sister’s killer had tried to escape once and said he feared Clayton would make the same attempt again.

Clayton was one of seven death row inmates who attempted an escape from the Terrell Unit on Thanksgiving 1998. Shots fired from a watchtower froze all but one of the inmates in their tracks.

Martin Gurule, a Corpus Christi killer, was found dead in a creek a week later.

“I don’t think it’s painful enough,” the still-grieving brother said of Clayton’s demise. “I wish the judicial system was a little quicker. But according to the Constitution, even murderers have rights.

“I don’t forgive him,” he added.

Before he died, Clayton feasted on a last meal of three fried chicken breasts, a lettuce and cucumber salad with light vinegar dressing and a pitcher of ice water.

Dressed in black slacks and a blue shirt, he licked his lips nervously as he lay on the executioner’s gurney.

A former Abilene Christian University athlete and Reserve Officers Training Corps member, Clayton’s still-muscular body was held to the gurney with five restraint straps. He glanced at the window behind which his lawyer, four friends and a spiritual adviser stood to witness his death.

“I would like to use this moment as an example for Christ,’’ Clayton said. “I would like to follow his example and leave with peace in my heart and forgiveness. There is no anger in my heart about this entire situation.”

Barrett’s family stood silently as the lethal cocktail began to course through the veins of their loved one’s murderer.

Clayton struggled to take his last breath before expiring. He was pronounced dead at 6:17 p.m., maintaining his innocence to the end.

During a jailhouse interview Wednesday, Clayton, who was 33, said he did not commit the crime for which he was sentenced to die. He said he bore no ill feelings toward those who he claimed falsely prosecuted him.

He said his thoughts the day before his execution were of his family and friends. The killer said he was grateful for their support.

“I’m just amazed by the love I’ve been shown for the past 14 years,” said the convicted murderer. “I never thought I was worthy of it.”

Clayton had been on death row since November 1988, almost a year after he was arrested for Barrett’s murder. His execution was repeatedly delayed while state and federal courts heard his appeals.

He was slated to die in 1994, but the U.S. Supreme Court granted a stay of execution the day before because it opened a review in a similar case involving another condemned prisoner.

The court later retracted its stay, but Clayton continued his appeals, claiming errors that ranged from insufficient evidence to the judge’s decision not to move the trial despite intense publicity. All of those appeals were denied.

“I spent many nights thinking what a change of venue would have changed,” Clayton said. “There is no way I should have been tried in Taylor County.”

In 1995, Congress passed legislation that limits to one the number of appeals death row inmates may pursue in the state and federal courts. Where in years past, inmates and their attorneys raised issues one point at time — filing endless motions that delayed executions — the new law required all points of appeal to be included in one filing.

Successive appeals can be raised only if the defense discovers information previously unavailable to it.

State reforms, also passed in 1995, have further sought to limit delays in the execution of justice. Condemned prisoners must file writs within 90 days of their convictions so those issues can be considered simultaneously with their automatic direct appeals.

On Wednesday, Clayton said he was tying up loose ends before his execution.

“I’ve been giving my property away,” he said. “I don’t want to leave anything important. It’s like when you go on vacation and you have the feeling you have forgotten something. But I can’t figure out what I forgot.”

Contact courts writer Jason Gibbs at 676-6734 or gibbsj@abinews.com.

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