CHARLES RUSSELL RHINES | Dig ‘Em Donut Shop Killer | Gay Man Sentenced to Death, Because Jurors Thought He'd Enjoy Prison | “lots of discussion of homosexuality” and “a lot of disgust” | Lot of 2 ALS

Charles R. Rhines. Lot of 2 ALS. Pmks: (1) October 6, 2006 (1.4 oz) and (2) November 9, 2006. SEALED. Contents unknown. Pristine.

Charlie was on DR for 28 years. The execution of Charles Charlie occurred on November 4, 2019, at the SD State Penitentiary in Sioux Falls, SD. Charlie was executed for the 1992 murder of Donnivan Schaefer, whom he killed during a burglary at a doughnut shop in Rapid City. His execution generated attention due to claims that the jury had sentenced him to death because he was gay and that his death sentence was tainted by anti-gay bias. Charlie remains the most recent person executed in SD.

Charlie's lawyers argued that Charlie was discriminated against and received a death sentence because he was gay. Charlie’s sexuality was discussed frequently during his trial. During deliberations, a note was sent to the judge asking what life in prison would mean for Charlie. Other questions asked included: “Would Rhines have a cellmate? Would he be allowed to create a group of followers or admirers? Would he be allowed to have conjugal visits?” The judge refused to answer any of the questions.

Some of the jurors thought that a life sentence served in a men's prison is something Charlie, a gay man, would enjoy. One juror recalled in an interview that there was “a lot of disgust” about Charlie's sexual orientation during deliberation. Another juror recalled that they knew he was gay and “thought that he shouldn’t be able to spend his life with men in prison.” A third juror recounted that another juror had said, “If he’s gay, we'd be sending him where he wants to go.”

Charlie's lawyers contended his death sentence should be overturned based on anti-gay bias from jurors. They argued this violated his right to an impartial jury and due process. Ultimately, these arguments were rejected.

For his last meal he had: fried chicken, cantaloupe, lefse, yogurt, butter, black licorice, cookie & cream ice cream, root beer and coffee with cream and sugar.

After being strapped in, he was making “love” symbols with his hands and also the “hang loose” symbol as well.

As his last words, Charlie calmly said: “Ed and Peggy Schaeffer, I forgive you for your anger and hatred toward me,” Charlie said, before thanking his defense team. “I pray to God that he forgives you for your anger and hatred toward me. Thanks to my team. I love you all, goodbye. Let’s go. That’s all I have to say. Goodbye.”ⁱ

On November 4, 2019, Charlie was executed via lethal injection at SD State Penitentiary in Sioux Falls. He was pronounced dead at 7:39 pm He offered no apology before his death. However, in his final statement, he forgave Donnivan's parents and thanked his legal team:ⁱⁱ

• VIDEO: Rapid City mayor recalls interviewing murder suspect Charles Rhines |

• https://youtu.be/ltuV9aq4g8E

• VIDEO: Charles Rhines- Only man executed in South Dakota in 2019 - Episode 8 | https://youtu.be/aWDARcZc0b8

Archiving Protocol:

• Handled with White Gloves ab initio

• Photo Pages/Sheet Protectors: Heavyweight Clear Sheet Protectors, Acid Free & Archival Safe, 8.5 x 11 Inches, Top Load

• White Backing Board – Acid Free

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