Mississippi death row inmate claims medical condition would worsen pain of execution

Bobby Batiste
Bobby Batiste
Bobby Batiste

(AP) A Mississippi death row inmate is arguing to the state Supreme Court that his medical condition would create a risk of unnecessary pain and torture if he is executed.

Bobby Batiste is asking the Supreme Court to order an Oktibbeha County judge to conduct a hearing on his medical arguments. Batiste wants to be resentenced to life in prison.

Batiste’s appeal is among dozens the Supreme Court will consider during its September-October term. The court will not hear oral arguments in the case.

Batiste, now 35, was convicted of capital murder and sentenced to death in 2009 in the slaying of 28-year-old Andreas Galanis.

Authorities said Galanis died of head injuries after the two roommates got into a fight March 7, 2008, in their Starkville apartment when Galanis discovered thousands of dollars missing from his checking account. He suspected Batiste had used his debit card without his permission.

Batiste told police that Galanis attacked him first, but prosecutors argued that the evidence showed it was murder.

The U.S. Supreme Court declined in 2014 to hear an appeal from Batiste.

In June, the Mississippi Supreme Court refused to seal Batiste’s medical records. Batiste’s attorneys argued the records contain sensitive, personal information about Batiste’s medical condition, mental state and diagnosis. They argued the public disclosure of the records would substantially harm Batiste’s right to privacy. The records would be available to prosecutors and the court.

Batiste said he suffers from large thrombosed, or clotted, varicose veins. The issue of Batiste’s health arose when he was taken to the hospital in March and was diagnosed with the condition.

The Mississippi Supreme Court ruled because Batiste had placed his medical condition in issue, he has waived any medical privacy arguments.

In another case, the Supreme Court will hear a post-conviction appeal from James Robert Rowsey, who was convicted of murder and sentenced to life in prison for the 1995 killing of his mother.

Rowsey was convicted of shooting his mother, Jeanette, to death on April 7, 1995, on their family farm in Panola County.

Rowsey testified they argued and struggled. He said he put a round into the chamber of the gun to get his mother’s attention.

Rowsey claimed that as his mother was reaching for his elbow he pulled his arm back and the gun went off. His mother died from a gunshot wound to the chest.