James Homer Elledge
Encyclopedia
James Homer Elledge was an American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...

er who was executed by lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...

 in Washington State Penitentiary
Washington State Penitentiary
Washington State Penitentiary is a Washington State Department of Corrections men's prison located in Walla Walla, Washington...

 for the murder of 47 year old Eloise Jane Fitzner. The case raised questions before and after the execution about how the death penalty was applied in Washington State, especially in cases where a defendant refused to present a defense in the penalty phase and refused to allow the filing of any appeals.

The crimes

In 1965, Elledge robbed a Western Union
Western Union
The Western Union Company is a financial services and communications company based in the United States. Its North American headquarters is in Englewood, Colorado. Up until 2006, Western Union was the best-known U.S...

 office in Albuquerque, New Mexico
Albuquerque, New Mexico
Albuquerque is the largest city in the state of New Mexico, United States. It is the county seat of Bernalillo County and is situated in the central part of the state, straddling the Rio Grande. The city population was 545,852 as of the 2010 Census and ranks as the 32nd-largest city in the U.S. As...

. During this robbery, he also kidnapped a female attendant. He was sentenced to prison in Santa Fe, New Mexico
Santa Fe, New Mexico
Santa Fe is the capital of the U.S. state of New Mexico. It is the fourth-largest city in the state and is the seat of . Santa Fe had a population of 67,947 in the 2010 census...

 and, after his parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...

, he wound up in Seattle, Washington
Seattle, Washington
Seattle is the county seat of King County, Washington. With 608,660 residents as of the 2010 Census, Seattle is the largest city in the Northwestern United States. The Seattle metropolitan area of about 3.4 million inhabitants is the 15th largest metropolitan area in the country...

, where he killed motel manager Bertha Lush in 1974 by beating her to death with a ball-peen hammer in an argument over his bill. While in prison for that crime, he got parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...

d three times, the last of which happened in August 1995.

On April 18, 1998, Elledge invited Eloise Fitzner and her friend, only referred to as "S.C.", into a Bible-study room of a church where he worked as a custodian. After closing the door, he pulled a knife and bound the two women’s wrists and ankles. He put a sweatshirt over S.C.'s head and made her face the wall. When S.C. heard struggling behind her, she tried to see what was happening. Elledge noticed this and threatened to kill S.C. next if she did not remain faced to the wall. Elledge first strangled Ms. Fitzner with his hands and then, not sure if she was dead, he fatally stabbed her in the neck. After hiding the body, Elledge abducted S.C. and drove them home in Ms. Fitzner’s car. At his home, he sexually assaulted S.C. and released her the following day. S.C. immediately went to police. Elledge was arrested two days later and confessed.

Trial and Execution

On May 27 1998 Elledge plead guilty to aggravated first degree murder. He forbade his lawyer from presenting any defense during the penalty phase. When he testified himself he said: "that there is a very wicked part of me. And this wicked part of me needs to die." On July 28, 1998 Elledge was sentenced to death
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...

. Waiving all his rights to appeal, was executed by lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...

 on August 28, 2001 at Washington State Penitentiary
Washington State Penitentiary
Washington State Penitentiary is a Washington State Department of Corrections men's prison located in Walla Walla, Washington...

, becoming only the fourth person to be executed since the restoration of the death penalty in Washington state in 1981. His requested final meal of scrambled eggs, bacon, hash browns, waffles, sweet roll, OJ, milk and cold cereal was declined. In his last words he expressed remorse for Fitzner's murder.

His confession, refusal to assist his own defense, and his successful efforts to prevent 3rd party groups from appealing on his behalf raised issues of state assisted suicide, and public debate over how Washington state selected which prisoners would be executed.
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