So, the AP watched while Justice Alito hid until everybody else voted and then jumped out from behind a curtain to become Death's champion?

AP: Alito breaks tie, Kansas death penalty stays

WASHINGTON - New Supreme Court Justice Samuel Alito broke a tie Monday to rule that Kansas' death penalty law is constitutional. By a 5-to-4 vote, the justices said the Kansas Supreme Court incorrectly interpreted the Eighth Amendment's protection against cruel and unusual punishment to strike down the state's death penalty statute.