United States Court of Appeals
For the Eighth Circuit

opinion 00-4079

In August 1979, Carey Dean Moore purchased a handgun and set out to rob and kill Omaha cab drivers.

Moore carefully planned to select older targets because he thought it would be easier for him to shoot an older man rather than a man nearer his own age.

In carrying out this scheme, Moore called several cabs over a period of time and hid while watching them arrive, and depart, if the driver was young. Moore confessed to the police that he felt an older victim would be an easier mark.

Using this approach, Moore selectively abducted and murdered cab driver Reuel Eugene Van Ness, Jr. on August 22, 1979, and Maynard Helgeland on August 27, 1979.

  

Carey Dean Moore - Nebraska

Scheduled Execution - Tuesday 8 May 2007

Execution method to be used: The electric chair

LINCOLN, Neb. -- A planned execution has the state looking at its procedures for carrying out the death penalty.

After nearly three decades of fighting in court, Carey Dean Moore recently gave up on efforts to contest his death sentence. The state is preparing to end Moore's life next month.

Officials at the Nebraska State Penitentiary in Lincoln said on Monday that they have already begun initial preparations for a May 8 execution, including initial tests on the electric chair.

"Our check has been done by an outside electrical company, and as we get closer to the execution date, we'll do a second check," said Warden Dennis Bakewell.

Bakewell said 10 witnesses are being selected that will watch the execution. They include members of the media, the state and representatives of the victims.

David Renken said he always has been a proponent of the death penalty and believes he still will be after witnessing Moore's execution. Renken's wife, Lori, is daughter of Maynard D. Helgeland, who along with fellow Omaha cab driver Reuel Eugene Van Ness was murdered by Moore during two robberies in 1979.

Lori and her brothers, Steve and Kenny Helgeland, asked Renken to represent them as victim witness. Department of Correctional Services spokesman Steve King said the state gives victims' families the option of having a representative at the execution.

Renken said he doesn't relish the thought of watching a man die, but he feels he owes it to the Helgeland family to see that justice is served.

Prison officials said they are also beginning to select staff that will take part in the execution.

"What we try to do is select those individuals who have experience in the department who are very professional and mature, because it's a difficult situation for the staff that are directly involved in," Bakewell said.

Moore is currently on death row at the Tecumseh State Correctional Institution. He'll soon undergo an evaluation.

"Just to make sure he is mentally and physically fit for the process," Bakewell said.

The inmate will be transferred to Lincoln in the next two to three weeks where he'll remain in the infirmary on death watch.

Bakewell said they prison is again planning a midmorning execution.

"I think we learned from the Otey execution, if you do it late at night, you end up with a whole lot more people attending and some of their behavior isn't very good," the warden said.

Moore has informed the Nebraska Supreme Court that he will not file any more appeals.

Gov. Dave Heineman said he has cleared his schedule in the days preceding the execution in the event there's a request to the pardon's board for clemency.

"After 29 years, it's time to follow the law of the land and perform the execution," Heineman said.

Bakewell said one thing different from this scheduled execution than 10 years ago is that the staff carrying out the death procedure won't have close ties to the inmate because death row is now in Tecumseh and the inmate will be put to death in Omaha.

Death row inmate Michael Ryan is currently challenging Nebraska's death penalty.

The Legislature is looking at changing the death penalty, too.

Update:

The Nebraska Supreme Court has stayed the Tuesday, May 8th execution of death-row inmate Carey Dean Moore.

  

Carey Dean Moore