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Inmate Awaits Execution
05/12/08 MRC/AP

After more than three years of waiting for courts to consider an appeal he never wanted, the death row inmate, Marco Allen Chapman, may soon get his wish and become the first person executed in Kentucky since 1999.

Several states are moving swiftly forward on death penalty cases after the U.S. Supreme Court, in a landmark ruling on a different Kentucky case, upheld the widely used three-drug method of lethal injection. Last week, Georgia became the first to execute an inmate after the seven-month break. Condemned inmates in Alabama, Mississippi and Texas also had dates set for their lethal injections.

Chapman's execution hasn't been scheduled, but prosecutors will be aided by the fact that he waived his right to a jury trial, asked the judge for a death sentence and waived his appeals.

If the Kentucky Supreme Court rejects his latest appeal, Chapman could be dead as soon as June, 3 1/2 years after his conviction.

That would be extraordinarily fast, death penalty cases take an average of 12 years to play out.

He lives with the memories of the children he killed in Warsaw, a small town an hour northeast of Louisville. In the middle of the night, Chapman went to the home of Carolyn Marksberry, a friend of his family. He knocked on the door, then put a knife to her throat. He tied her up, raped and stabbed her, then attacked her children. The oldest, Courtney Sharon, played dead. Chelbi Sharon, 7, and Cody, 6, were killed.

But legal experts say Chapman's case is unique because his court-appointed attorneys are fighting for his life against his wishes, arguing he suffers from depression and is unable to decide his own fate. Yet Chapman has been found to be mentally competent multiple times, according to prosecutors' filings.

Kentucky has executed just two inmates since 1976: Harold McQueen, who was electrocuted in 1997 for the 1981 robbery and murder of a convenience store clerk; and Eddie Lee Harper, who died by lethal injection in 1999. Harper spent 16 years on death row for killing his adoptive parents before he dropped his appeals and asked for his sentence to be carried out.

Chapman awaits his fate at the Kentucky State Penitentiary, spending 22 hours a day in his cell on death row, where most of the 34 other inmates continually put off their sentences with court motions, appeals and pleas for clemency.