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He can't be executed because there is no evidence he murdered anyone. Death penalty for assault (including rape) was abolished by SCOTUS many years ago now. As should all death penalty. Hasn't the government sanctioned enough violence?
But again, no sympathy for Graner. And again, shoddy journalism. He made his bed. His lockup conditions may be inhumane and may not be warranted, but he didn't get 29 months in lockup for forgetting soap. The man is a violent, unrepentant sociopath.