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Condemned prisoner pushes for his execution

Aaron Gunches is telling the Arizona Supreme Court he is ready to die.

In a hand-written legal brief, Gunches, who had pleaded guilty to the 2002 first degree murder and kidnapping of Ted Price, told the justices he wants them this coming Wednesday to issue the legally necessary warrant to execute him.

Gunches said that will give the state Department of Corrections, Rehabilitation and Reentry sufficient time to prepare the lethal drug and have it tested. Referring to himself in the third person in the filing, he told the justices that will set the stage for execution on Feb. 14, “where Gunches may have his long-overdue sentence carried out.”

Gunches, death row, lethal injection, Hobbs
Aaron Gunches

And he even pointed out that the date is within the 45-day window between the time the drug is compounded and it is no longer considered useful.

Attorney General Kris Mayes already was headed in that direction, having asked the state’s high court to set a briefing schedule to get the warrant of execution. Gunches, who had made an initial request more than two years ago to be executed, before Mayes took office in January 2023, told the justices all that is unnecessary.

“Gunches asks this court why is AG Mayes’ motion necessary?” he wrote. “It is pointless and just more ‘foot dragging’ by the state.”

Mayes, in her own filing, insists that additional time is necessary.

“A briefing schedule is important to ensure ADCRR can meet all execution-related requirements such as disclosures and testing obligations regarding the compounded pentobarbital that will be used,” wrote Jason Lewis, the deputy solicitor general on her behalf. 

“That is not true,” Gunches responded.

“ADCRR Director (Ryan) Thornell is using the exact same compound laboratory and the exact same drugs used by the previous ADCRR director,” he said.

And Gunches said that Thornell has said he has corrected any problems that occurred in the three prior executions where there were issues, including the inability to place the required intravenous line into the inmate, issues that led Gov. Katie Hobbs to hire retired federal magistrate David Duncan as a “death penalty commissioner” to review execution practices and Mayes to suspend all executions.

All that, said Gunches, came to naught.

“Two long years later, Gov. Hobbs fired him stating ADCRR Director Thornell had remedied all the problems and Gunches’ execution can go forth,” he wrote. Any further delay, Gunches told the justices, is unnecessary.

“This sentence is long overdue and should not be delayed any further,” he said. “Let the laws of Arizona finally be followed and justice served.”

He may not get his wish of a Feb. 14 execution.

Mayes, in her own filing, is telling the court she still wants a full-blown briefing schedule to ensure corrections officials are in fact ready to carry out the execution.

Price, Gunches’ victim, was his girlfriend’s ex husband.

His convictions were affirmed but the death sentence initially was thrown out. A new jury, however, reinstated the death penalty.

Gunches waived his right to post-conviction review and in November 2022 filed a motion on his own behalf seeking an execution warrant. That was joined the following month by then-Attorney General Mark Brnovich.

But by that time Brnovich was set to leave office by the end of the month.

That left Mayes in charge who, after Gunches withdrew his request, sought to withdraw the warrant.

The high court refused.

The only thing was, the warrant, which has a fixed time limit, expired before the execution was carried out. And Mayes refused to seek a new one while Duncan’s study was going on.

If and when Gunches is put to death, it would be the state’s first execution since 2022 when three inmates were given lethal injections.

Prior to that there had been an eight-year pause following the botched procedure when Joseph Wood was given 15 doses of a two-drug combination over two hours.

Gunches is one of 111 inmates on death row. Of that, 25, including Gunches, have exhausted or waived all appeals.

 

 

Glassman gets early start on 2026 AG race after series of unsuccessful campaigns

He’s been a Democrat and a Republican.

And he’s run for U.S. Senate, corporation commission, Maricopa County assessor and attorney general. All those efforts came up short.

But Phoenix attorney Rodney Glassman, whose last successful campaign outing was his 2007 election to the Tucson City Council, figures that the timing is right now for his latest political foray. And he’s giving it a jump start, already in the 2026 race for attorney general, even before the results of the 2024 election are all counted.

This time he figures he’s got an easier target: Democrat Kris Mayes.

She won the 2022 race by just 280 votes. But that was against Abe Hamadeh – who actually defeated Glassman in the Republican primary.

What’s also different is there was no incumbent seeking reelection two years ago, with Mark Brnovich leaving to make his own bid for Congress. This time, Glassman said Mayes now has a record, something he believes he can attack.

Still, that didn’t work out so well for him in 2010 when, as a Democrat, he sought to unseat incumbent Sen. John McCain, criticizing his policies and his refusal to pursue “pork barrel projects” for Arizona. Glassman got just 34% of the vote.

Glassman, however, told Capitol Media Services this time it’s different because he believes Mayes is vulnerable.

On one side, he claimed she is doing things she should not, like what he said is an improper attempt at rent control.

“I believe that private property owners, like people that own apartment buildings, should be able to charge the rent that they want to charge,” he said. 

But the lawsuit against landlords actually is not over how much they charged but that they colluded with RealPage, a software company that offers services to landlord, to artificially raise rents and conceal that plan from the public. That, her office contends, violates anti trust and consumer fraud laws and led to inflated rental prices in the Tucson and Phoenix areas.

Glassman was undeterred.

“The question is whether or not the attorney for the state is supposed to be championing economic development or going after business,” he said.

The GOP contender also questioned Mayes taking a role in efforts to halt the merger of the Albertsons and Kroger grocery chains.

Joining with the Federal Trade Commission, she argued that would reduce competition and drive up prices. The FTC eventually blocked the move.

Glassman said that he does believe the attorney general has a role in consumer protection. But he said Mayes is “doing it in a cavalier way, doing it in a predatory way.”

Glassman would not comment specifically on the indictment of the 11 “fake electors,” Republicans who signed documents saying that Trump had won the 2020 popular vote in Arizona – he had not – and they were the people authorized to cast the state’s 11 electoral votes for him. But he said Mayes has shown her willingness to use her office for political purposes.

He noted Mayes opened an inquiry into whether Donald Trump, had threatened the life of former Wyoming Sen. Liz Cheney at an Oct. 31 political rally in Glendale. That was based on comments by the former president about what Cheney, armed with a rifle, would feel like “with nine barrels shooting at her.”

The inquiry didn’t last when it became clear that was part of a larger quote about Cheney being “a radical war hawk.”

“You know, they’re all war hawks when they’re sitting in Washington in a nice building saying, ‘Ah, gee, let’s send 10,000 troops into the mouth of the enemy,’ ” the full quote ran. Mayes said she eventually concluded that, based on the First Amendment, the comments could not be considered a threat.

Where Glassman may be on able to gather more traction are things that Mayes has admitted she is not doing.

“We’ve got an attorney general right now in Kris Mayes who won’t enforce a transgender laws to say that a boy can wake up on any given day and go and compete against my daughters,” Glassman said.

That relates to challenges to a 2022 law, dubbed the Save Women’s Sports Act, which requires public schools and any private schools that compete against them to designate their interscholastic or intramural sports strictly as male, female or coed.

More to the point, it specifically says that teams designed for women or girls “may not be open to students of the male sex.” And by “sex,”the law means the one assigned at birth based on a baby’s sex organs.

Mayes acknowledged she declined to defend the law, telling Capitol Media Services that it was clear her view on the statute did not align with state schools chief Tom Horne, who is named as a defendant in the lawsuit. But she did allow Horne to hire his own attorney.

“The Democrats were able to elect her with that way of thinking,” Glassman said. “I just disagree.”

A federal judge already has sided against the state, saying that two transgender girls who sued, neither of whom have gone through puberty, can participate in girls’ sports. But there has never been a ruling on whether the entire law is unconstitutional.

Mayes also said earlier this year she would not enforce the 1864 ban on abortion if the Arizona Supreme Court ruled it was still in effect. She said she believed the right to terminate a pregnancy is protected by a privacy clause in the Arizona Constitution.

While the justices did vote to reinstate the law, her vow and legal theory never was tested as state lawmakers rescinded the old law. And voters have since approved a new constitutional amendment creating a fundamental right to abortion.

Mayes did not immediately respond to multiple messages seeking comment.

Glassman’s history of running – and losing – goes beyond his 2010 loss to McCain.

After becoming a Republican in 2015 – he says that happened the same day Trump came down the escalator at Trump Tower to announce his bid for the presidency – Glassman was off and running again.

There was that 2018 race where he sought to be a member of the Arizona Corporation Commission. He was one of the two GOP nominees for the two open seats along with Justin Olson. But voters chose Olson and Democrat Sandra Kennedy.

Two years later, he attempted to take out Maricopa County Assessor Eddie Cook in the GOP primary. He lost by about five points.

And then there was the 2022 six-way Republican primary for attorney general, where he came in 10 points behind Hamadeh.

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