Jan. 23



LOUISIANA:

Teenage mother won't face death penalty in baby's death


In Bogalusa, a teenage mother accused of putting her 3-month-old baby into
a clothes dryer will not face the death penalty.

A Washington Parish grand jury indicted 18-year-old Lakeisha Adams this
week on a count of 2nd degree murder. That crime carries a maximum
sentence of life in prison.

Bogalusa police say Adams has admitted putting her son in a clothes dryer
in December of last year and turning it on. Detectives say they found the
dead baby on a sofa in the home with 3rd degree burns on his arms and
legs.

Rick Wood, a spokesman for the district attorney's office, says the grand
jury did not indict on a 1st degree murder charge, which could have
carried the possibility of the death penalty.

(source: Associated Press)






FLORIDA:

Lethal injection stirs new debate


Clarence Hill won't feel potassium chloride burning through his veins
before it stops his heart, according to the state of Florida. He'll 1st be
given a drug to render him unconscious during the execution, scheduled for
Tuesday at Florida State Prison near Starke. But a 2nd drug will paralyze
him, making it impossible to tell if he accidentally wakes before being
injected with the chemical that kills him.

Death penalty proponents say Hill will fare better than the Pensacola
police officer he shot to death during a bank robbery. But Hill's attorney
argues the procedure is unconstitutionally cruel, citing a study by
University of Miami medical school doctors who determined inmates could
wake and feel pain before dying.

"The system has been set up to fail on occasion," said Dr. David Lubarsky,
chairman of the school's anesthesiology department and study co-author.

Printed in the British medical journal The Lancet, the study found that 21
of 49 executed inmates in other states had so little anesthetic in their
blood they could have been conscious when killed.

The study blamed the problem on the lack of medical involvement in
developing the lethal injection method and monitoring the procedure.

The Florida Supreme Court rejected Hill's appeal last week, sending the
case to the U.S. Supreme Court. Deborah Dunno, a Fordham University law
professor and expert on lethal injection, said the nation's highest court
has never ruled on the constitutionality of an execution method.

But California's execution of Clarence Ray Allen last week is an example
of flaws in the lethal injection process, she said, which might lead the
court to consider its constitutionality. Allen, 76, needed an extra
injection of the lethal drug to stop his surprisingly healthy heart.

"Every time they inject an inmate, there's an experiment going on," Dunno
said.

The reason, she said, is because Oklahoma 1st developed the lethal
injection procedure in 1977 with little medical involvement. Florida and
35 other states with the death penalty follow a nearly identical process,
with Nebraska being the only holdout exclusively using the electric chair.

In Florida, inmates are first offered a Valium to calm their nerves, but
the rest of the procedure is essentially the same as other states. The
inmate is 1st injected with sodium thiopental, a common anesthetic. The
next drug injected is pancuronium bromide, which paralyzes the muscles.

Lubarsky said the paralyzing drug "does nothing but make (the execution)
look painless."

The American Veterinary Medical Association bans the use of such drugs in
euthanizing pets because they could wake without anyone being able to
tell.

Finally, potassium chloride is injected to stop the inmate's heart. Hill's
appeal cited the Miami study in arguing there's a good chance he could be
awake and feel the chemical burn through his veins before killing him.

The study looked at toxicology reports from executions in 4 states -
though not Florida - and found post-death blood concentrations of the
anesthetic were lower than required for surgery in 43 of 49 inmates. 21 of
those inmates had levels consistent with awareness.

The two grams of anesthetic injected in Florida inmates is 4 times the
amount used when a typical operation is done, said Dr. Nikolaus
Gravenstein, anesthesiology department chairman at the University of
Florida's medical college. The amount should be enough to reliably keep
the inmate unconscious for at least five minutes, he said.

But while it should be "extremely unlikely" that an inmate would wake, he
said, the lack of professional medical involvement in the procedure makes
it possible.

The problem is most doctors won't take part in executions, said Dr.
William Allen, director of UF's bioethics, law and medical professionalism
program. The reason is due to ethical guidelines and public perception of
a doctor's role, he said.

"Physicians have wanted to be seen as healers," he said.

Allen, an attorney as well as doctor, said lethal injection appears to be
the least cruel means of execution and he doubts arguments to rule it
unconstitutional will be successful.

Florida instituted lethal injection as its main method of execution in
2000 due to questions about the constitutionality of the electric chair.
Nicknamed Old Sparky, the chair caused flames to shoot from inmates' heads
in executions in 1990 and 1997.

Even after blood came from an inmate's head in an execution in 1999, the
Florida Supreme Court found the method constitutional. The U.S. Supreme
Court was poised to rule on the issue when the state decided lethal
injection must be used, unless the inmate asks to be electrocuted. Fifteen
inmates since executed have all received lethal injections.

Lubarsky said there are too many questions about the procedure to be sure
inmates aren't suffering. No matter what a person's stance on the death
penalty, he said, society should be against causing deliberate pain to its
prisoners.

"What separates us from criminals is we don't torture human beings," he
said.

(source: Gainesville Sun)



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