Death Row Inmate Receives a Reprieve He Doesn’t Want

Oklahoma must return a Death Row inmate to New York to serve a prison term before it can execute him, a judge ruled Monday, hours before the convict was to be put to death.

Gov. David Walters had said Oklahoma would execute Thomas Grasso early today unless New York prevailed.

Grasso was convicted of killing one elderly person in each state.

Officials in New York, which does not have a death penalty, want Grasso to serve out his 20-year-to-life sentence before his execution because he was convicted in New York first.

Oklahoma didn’t want to send him back and Grasso, 30, didn’t want to go back, saying he would rather die by lethal injection.

Oklahoma officials last week asked for a clarification of U.S. District Judge Frank Seay’s order giving New York custody of Grasso. While the clarification request was pending, Walters contended the judge’s order was on hold and Oklahoma was free to execute Grasso.

The judge rejected that argument Monday.

“We cannot continue with the execution unless New York does something else,” said Gerald Adams, a spokesman for state Atty. Gen. Susan Loving.

Walters accused New York Gov. Mario M. Cuomo of trying to prevent the execution because of his opposition to the death penalty. Cuomo, who has vetoed death penalty legislation in New York for 11 straight years, insists the fight is not about capital punishment but about enforcing interstate agreements.