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   BONNE TERRE, Mo. (AP) - A man convicted of kidnapping, raping and killing a 17 year old St. Charles girl has been executed in Missouri, marking the state's fifth execution in as many months.
   Jeffrey Ferguson was lethally injected just after midnight Wednesday at the state prison in Bonne Terre.
   The 59 year old was accused of kidnapping Kelli Hall as she finished her shift at a Mobil gas station in St. Charles on Feb. 9, 1989.
   Her frozen body was found 13 days later on a St. Louis County farm.
   Ferguson had expressed remorse for the crime. Supporters said he'd found religion, counseled other inmates and helped start a prison hospice program.
   But St. Louis County prosecutor Bob McCulloch said Ferguson's good deeds in prison didn't make up for the senseless killing of an innocent teenager.
 
 AP's earlier story is below:
 
   The U.S. Supreme Court refused late Tuesday to stop the impending execution of a Missouri man convicted of kidnapping, raping and killing a 17 year old girl in 1989.
   The high court released its rulings barely an hour before 59 year old Jeffrey Ferguson was scheduled for lethal injection at 12:01 a.m. Wednesday at the state prison in Bonne Terre.
   Ferguson's attorneys were challenging, among other things, the state's refusal to disclose where it gets its execution drugs. Their appeals also were denied by the 8th U.S. Circuit Court of Appeals, and the governor denied a clemency request.
   The execution will mark the state's fifth execution since November.
   Ferguson was accused of kidnapping Kelli Hall shortly before her shift ended at a Mobil gas station in St. Charles on Feb. 9, 1989. Her frozen body was found 13 days later on a St. Louis County farm.
   "Kelli Hall was only 17 when she was abducted from her workplace, raped and brutally murdered," Democratic Gov. Jay Nixon said in a statement Tuesday evening. "Her life, so full of promise, was brutally taken from her and her family."
   "The jury that convicted Jeffrey Ferguson of Kelli's murder found that the aggravating circumstances for this crime warranted the death penalty," he said in denying the clemency request. "My decision today upholds that appropriate sentence. "
   Missouri switched to a one-drug execution method late last year. The state obtains the drug, pentobarbital, from a compounding pharmacy it refuses to name.
   Ferguson's attorney, Jennifer Herndon, had asked the 8th Circuit to stay the execution, arguing that the state's secretive process prohibited the public from knowing exactly how the drug was made and whether it could cause pain and suffering for the inmate.
   The drug was used in the state's four previous executions, and the inmates showed no outward signs of distress during the execution process.
   A similar request for a stay, arguing that Ferguson wasn't given timely notice of the method being used for his execution, was filed with the U.S. Supreme Court.
   Ferguson's supporters argue that he has turned his life around behind bars and has been a model prisoner who works with other inmates, helped start a hospice program and performed other good deeds.
   Herndon said Ferguson was an alcoholic who blacked out on the night of the murder, but that he became devoutly religious once sent to death row.
   Ferguson and a friend, Kenneth Ousley, were at a Shell service station in St. Charles on the night of the murder.
   Hall, who worked at the Mobil station across the street, was nearing the end of her eight-hour work shift when she went outside to check the levels of four fuel tanks.
   A witness said Ferguson's Chevrolet Blazer pulled up. The witness saw a man standing close to Hall with a hand in his pocket. Ferguson was carrying a pistol.
   About a half-hour later, a co-worker went looking for Hall. When they found out she was not home and her purse was still at the station, they contacted police. Later, some of her clothing was found by a city worker in the St. Louis County town of Chesterfield.
   On Feb. 22, Warren Stemme was approaching a machine shed on his farm in Maryland Heights, another St. Louis suburb, when he found Hall's frozen body, naked except for socks. She had been strangled.
   An acquaintance suspicious about Ferguson led police to him, and he was convicted of first-degree murder. Ousley pleaded guilty to second-degree murder in 1993; he is serving a life term but is eligible for parole.
 
Published in Local News

   The fate of Missouri death row inmate Herbert Smulls is in limbo.  The 56 year old is scheduled to die by lethal injection at 12:01 a.m. Wednesday.  

   On Friday, a federal appeals court in St. Louis ruled 7-3 against death row inmates arguing that the state's use of an Oklahoma compounding pharmacy to make the lethal injection drug pentobarbital without disclosing the name of the pharmacy was unconstitutional.  

   Then on Monday, a federal judge in Kansas City denied Smulls request for a 60 day stay of execution so he can continue to appeal Missouri's execution method.  His attorneys claim denying the stay violates his "due process" rights and they've appealed again.  

   Smulls has also asked Governor Jay Nixon for clemancy.  A spokesman says the governor hasn't reached a decision yet.

   Smulls was convicted of killing a Chesterfield jeweler during a 1992 robbery.

Published in Local News

   LOS ANGELES (AP) - Porn publisher Larry Flynt says he doesn't want to see the man whose gunshots paralyzed him 35 years ago put to death for his crimes.

   In an essay published Thursday in The Hollywood Reporter, Flynt says that while he'd love to take pliers and a pair of wire cutters to Joseph Paul Franklin, he doesn't believe in the death penalty.

   The Hustler magazine publisher says keeping Franklin locked in a tiny prison cell for the rest of his life is a greater punishment.

   Franklin has been in prison since 1980 for a string of shootings that left five people dead and others wounded.

   He is scheduled to be executed November 20th in Missouri.

   Franklin targeted blacks, Jews and people like Flynt, who he believed promoted interracial relations.

Published in Local News

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