Nevada County Picayune and Gurdon Times Newspaper Archive

Kirt Wainwright Dies For 1988 Murder Of Clerk

"Tough," and "Poetic" were two terms used in describing convicted murderer Kirt Wainright as he met his death by lethal injection last Wednesday, January 8.

No mention was made of Wainright's victim Barbara Smith, her husband or her three children.

There was nothing "poetic" about her death nor "tough" in the way she was killed.

Wainright was convicted in 1989 by a Nevada County Circuit Court jury of shooting Smith in a robbery at the Best Stop Convenience Store in Prescott in July 1988.

Smith gave Wainright all the money she had access to, got on her hands and knees and was shot behind the ear.

Wainright had hope right up to the end when he, along with 16 witnesses, were told U.S. Supreme Court Justice Clarence Thomas put on hold the execution until the court could review his last claim - Arkansas Governor Mike Huckabee was biased in the case because he allegedly knew the victims.

As the Sodium Pentothal (lethal dosage) , Pavulon (muscle relaxant) and Potassium Chloride (stops the heart) were administered into his system with a saline solution utilizing IV's, Wainright had a grin on his face and said, "Yeah," as he closed his eyes.

This followed a reciting of a poem he penned, entitled The Embrace, and a statement of "I love you Tish." and a defiant phrase, "Now send me to my God."

Less than two minutes after the injection began, his grin was gone his eyes were opened slightly staring at what waited for him in death.

Twelve minutes after the injection his eyes no longer saw anything.

Wainright's attorney, Craig Lambert, met the media after the execution and told them "He's the toughest guy I've ever seen." He also described him as a "warrior."

Lambert told of his involvment in the case for the past few years and said they "were not playing on a level field" involving the case.

He said even though Wainright lay on the gurney for nearly an hour with the needles in his arm while the Supreme Court reviewed his last appeal, he was "cautiously optimistic" and did not think it was cruel for the length of time he had to lay and wait on death.

Lambert said he felt they had a good appeal and it was on strong grounds of improper physical evidence towards the end of the appeal process.

He had argued Wainright could not have been the one to commit the murder because physical evidence from the gun was not on his hands.

Wainright's last appeal, based on the presumption Huckabee knew the victim's and/or their families and could not or would not give clemency to him because of this bias, was struck down by the Supreme Court.

According to news reports following the execution, the Govenor's office had prepared an affidavit denying the claim as totally false.

Reports say Huckabee's office was prepared to send the signed papers to the Supreme Court.

Lambert had argued Huckabee should have turned executive clemency powers over to Lt. Governor Win Rockefeller.

Lambert said the system failed in its carrying out of punishment on Wainright; he maintained his client was not guilty of the murder at all.

In the media center was a gathering of six television cameras,New York Times reporter Rick Bragg, a reporter from the French newspaper wire service, a French television reporter and a few American newspaper reporters.

The night's big news for the biggest part of the group was the fact the evening had three executions.

This is only the second time in U.S. history this has happened, the last being in 1994 at the same prison in Varner.

Still no one mentioned Barbara Smith or her family.