Posted: Feb 5, 2014 5:47 AM
Updated: Feb 5, 2014 5:48 AM
HUNTSVILLE, Texas (AP) A woman convicted of torturing and killing a mentally impaired man she lured to Texas with the promise of marriage was scheduled to be executed Wednesday in a rare case of a female death-row inmate.
If 59-year-old Suzanne Basso is lethally injected as scheduled, the New York native would be only the 14th woman executed in the U.S. since the Supreme Court allowed capital punishment to resume in 1976. By comparison, almost 1,400 men have been put to death.
Texas, the nation's busiest death-penalty state, has executed four women and 505 men.
Basso was sentenced to death for the 1998 slaying of 59-year-old Louis "Buddy" Musso, whose battered and lacerated body, washed with bleach and scoured with a wire brush, was found in a ditch outside Houston. Prosecutors said Basso had made herself the beneficiary of Musso's insurance policies and took over his Social Security benefits after luring him from New Jersey.
The 5th U.S. Circuit Court of Appeals refused to halt the execution in a ruling Tuesday, meaning the U.S. Supreme Court is likely her last hope. A state judge ruled last month that Basso had a history of fabricating stories about herself, seeking attention and manipulating psychological tests.
Leading up to her trial, Basso's court appearances were marked by claims of blindness and paralysis, and speech mimicking a little girl.
"It was challenging, but I saw her for who she was," said Colleen Barnett, the former Harris County assistant district attorney who prosecuted Basso. "I was determined I was not going to let her get away with it."
Basso's attorney, Winston Cochran Jr., had asked the appeals court to overturn the lower court's finding that Basso was mentally competent to face execution. He argued that Basso suffered from delusions and that the state law governing competency was unconstitutionally flawed.
Her lawyer said a degenerative disease left her paralyzed, but Basso, who uses a wheelchair, blamed her paralysis on a jail beating years ago. At a competency hearing two months ago, she testified from a hospital bed wheeled into a Houston courtroom and talked about a snake smuggled into a prison hospital in an attempt to kill her.
But she acknowledged lying about her background, including that she was a triplet, worked in the New York governor's office and had a relationship with Nelson Rockefeller.
Prosecutors said Musso was living in New Jersey when he met either Basso or her son at a church carnival, then moved to Jacinto City, east of Houston, with an offer of marriage. Evidence showed Basso was already married but took over his benefits and insurance.
An autopsy showed Musso had several broken bones, including a skull fracture and 14 broken ribs. His back was covered with cigarette burns, and bruises were found all over his body.
Basso became a suspect after reporting him missing following the discovery of his body. Five others also were convicted, including Basso's son, but prosecutors only sought the death penalty for Basso.
"Suzanne ran the show for sure. ... She was the one in charge. She directed them. She wanted the money," Barnett said. "She's a heinous killer."
Among witnesses testifying at Basso's punishment trial was her daughter, who told of emotional, physical and sexual abuse at the hands of her mother, who originally was from the Albany and Schenectady areas of New York.
Basso is among about 60 women currently on death row in the U.S., making up about 2 percent of the 3,100 condemned inmates.