The Indiana Attorney General’s Office has responded to Joseph Corcoran’s attorney’s most recent attempt to stay his execution.
Corcoran is set to be executed using pentobarbital after being sentenced to death for the 1997 murders of his brother James Corcoran, his sister’s fiancé Robert Turner, and their friends Timothy Bricker and Douglas Stillwell.
The date of his execution is December 18.
Corcoran’s attorneys filed a plea for a stay last week, arguing that he has the right to dispute Allen Superior Court Judge Fran Gull’s denial of a move to vacate decisions from 2003 and 2005, which struck down a petition for post-conviction relief and dismissed a signed post-conviction petition.
Gull stated in her order that the counsel did not provide any new evidence, extraordinary circumstances, or legal developments. She also stated that the 20-year lag between the dismissed petition and today was “an extremely unreasonable period of time.”
A new filing from the state suggests that the state should reject Corcoran’s attorneys’ second request for a stay due to its “unreasonably late” filing date. They also argue that Corcoran’s counsel has not demonstrated unusual circumstances that warrant a stay.
In response, the state cites a handwritten document in which Corcoran requests that the Indiana Supreme Court reject his attorney’s attempts to stay his execution because he has “no desire nor wish to engage in further appeals or litigation whatsoever.”
“I am guilty of the crime I was convicted of, and accept the findings of all the appellate courts,” Corcoran wrote in the affidavit. “The long drawn out appeal history has addressed all the issues I wished to appeal, such as the issue of competency.”
“Therefore, I am hereby making this statement to the Court through this affidavit: I do not wish to proceed with more and/or endless litigation.”
Corcoran also indicated that he understands the execution’s dual purpose of retribution and deterrence.
“I understand that the execution will end my life,” Corcoran wrote. “I understand medically my heart will stop and all brain activity will cease.”
“I do not know, however, what will happen metaphysically. (But neither does anyone else.)”
Last Monday, the state’s highest court voted 3-2 to deny Cocoran’s attorney’s plea to halt his execution so that they could make a mental health claim. He’s been diagnosed with paranoid schizophrenia.
Justices Mark Massa, Geoffrey Slaughter, and Derek Molter concurred. Rush and Justice Christopher Goff dissented. As of 2 p.m. Monday, the court had not yet released its written opinions.
If all goes as planned, Corcoran’s execution will be the first in 15 years.