The @ACLU is suing the federal government on behalf of a Buddhist priest and death row spiritual advisor who is medically vulnerable and could put his life at risk if he attends the execution of Wesley Purkey during this pandemic. I wrote a declaration in support of the lawsuit: 
The federal government is planning to execute Wesley Purkey on July 15th. The Venerable Seigen Hartkemeyer is a Buddhist priest and spiritual advisor who has been meeting with Wesley every month for 11 years.
Rev. Hartkemeyer is 68 years old and medically vulnerable to COVID-19, so it would be extremely dangerous for him to attend Wesley's execution as scheduled. The government's plan is a violation of Rev. Hartkemeyer's constitutional right to freely exercise his religion.
This scheduled execution has the potential to become a super-spreader event. The BOP has designated 40 staff members as part of the "execution team" and an additional 200 staff members will work in support roles. Many of these people will fly to Terre Haute and stay in hotels.
Wesley's family and legal team will need to fly to Terre Haute for the execution. The victim's family members will need to travel great distances. Protestors and media will number in the hundreds. This is exactly the kind of mass-gathering that should be avoided.
Federal law also requires 24 witnesses to be present in the death house to observe the execution. The observation rooms are cramped and social distancing is not possible. Attendance would be dangerous for anyone, but especially for a medically vulnerable spiritual advisor.
I understand the sacred responsibility that comes with serving as spiritual advisor to a death row prisoner. I have been present with six men as they were executed.
The heart of the responsibility of a spiritual advisor to a death row prisoner is to prepare that individual for his imminent death and to steadfastly accompany the prisoner during his time on death row and especially during his last hours and the hour of his death.
The importance of comforting and preparing a person for death is widely recognized across religions. Six times I have witnessed firsthand how the need to support the dying is exacerbated in the context of the state sanctioned killing of prisoners.
A spiritual advisor cannot guide a prisoner through death without being physically present at the execution – presence is everything. Had I not been present at each of the executions I attended, I would not have been able to fulfill my obligation as a spiritual advisor.
When a spiritual advisor has already formed a bond with a prisoner who then specifically requests she attend his execution, it is the advisor’s moral imperative to be present.
Given the personal relationship that has been built in the period leading up to the execution, a prisoner’s individual spiritual advisor cannot simply be replaced by someone who does not personally know the prisoner or have a bond of trust with him.
To mechanically substitute a “generic chaplain” in the last hours of the prisoner’s life – the most precious hours he has – is to demean and denigrate the essential core value of a spiritual advisor and her relationship with the prisoner.
In my experience, prisoners often do not trust prison chaplains employed by the state because they are seen as playing a designated role in the very institution that is taking the prisoner’s life.
I was shocked to learn of the reckless and astounding decision of the federal government to proceed with executions during the pandemic.
The scheduling of executions at a time when COVID-19 numbers are on the rise around the country forces medically vulnerable spiritual advisors to put their lives at risk in order to fulfill their spiritual obligations to the prisoners that turn to them for guidance.
In weighing whether or not to attend the execution during this time, spiritual advisors must also consider that having to wear a mask during the execution will impede their ability to effectively and authentically serve their role.
I do not know what I would personally do if I was in the shoes of those having to make this choice – but I do know that the burden of making this choice is something the state should not force any spiritual advisor, regardless of religion, to carry.
Here is my declaration in its entirety:
