Harold Wayne Nichols, who was jailed for the 1988 rape and murder of student Karen Pulley, is set to be executed by lethal injection in Tennessee.
Nichols confessed to killing 20-year-old Chattanooga State University student Pulley as well as raping several other women in the Chattanooga area.
Although he expressed remorse at trial, he admitted that he would have continued his violent behavior had he not been arrested. He was sentenced to death in 1990.
In a recent interview, Pulley’s sister, Lisette Monroe, said the wait for Nichols’ execution has been “37 years of hell.”
She described her sister as “gentle, sweet and innocent,” and said she hopes that after the execution she’ll be able to focus on the happy memories of Pulley instead of her murder.
Nichols’ attorneys unsuccessfully sought to have his sentence commuted to life in prison, citing the fact that he took responsibility for his crimes and pleaded guilty.
His clemency petition stated “he would be the first person to be executed for a crime he pleaded guilty to since Tennessee re-enacted the death penalty in 1978.”
Nichols, 64, has seen two previous execution dates come and go. The state earlier planned to execute him in August 2020, but Nichols was given a reprieve due to the COVID-19 pandemic.
At that time, Nichols had selected to die in the electric chair — a choice allowed in Tennessee for inmates who were convicted of crimes before January 1999.
Tennessee’s lethal injection protocol in 2020 used three different drugs in series, a process that inmates’ attorneys claimed was riddled with problems. Their concerns were shown to have merit in 2022, when Gov. Bill Lee paused executions, including a second execution date for Nichols.
An independent review of the state’s lethal injection process found that none of the drugs prepared for the seven inmates executed in Tennessee since 2018 had been properly tested.
The Tennessee Department of Correction issued a new execution protocol in last December that utilizes the single drug pentobarbital.
Attorneys for several death row inmates have sued over the new rules, but a trial in that case is not scheduled until April. Nichols declined to chose an execution method this time, so his execution will be by lethal injection by default.
His attorney Stephen Ferrell explained in an email that “the Tennessee Department of Correction has not provided enough information about Tennessee’s lethal execution protocol for our client to make an informed decision about how the state will end his life.”
Nichols’ attorneys on Monday won a court ruling granting access to records from two earlier executions using the new method, but the state has not yet released the records and says it will appeal. During Tennessee’s last execution in August, Byron Black said he was “hurting so bad” in his final moments.
The state has offered no explanation for what might have caused the pain.
Many states have had difficulty obtaining lethal injection drugs as anti-death penalty activists have put pressure on drug companies and other suppliers.
Between the shortages and legal challenges over botched executions, some states have moved to alternative methods of execution including a firing squad in South Carolina and nitrogen gas in Alabama.
