Feb. 19
PENNSYLVANIA:
Dealing out death in Pennsylvania----It is not a punishment humans are equipped
to administer
Last week, Gov. Tom Wolf announced he would stop all executions in
Pennsylvania, citing deep concerns about errors and biases inherent in the
system.
Studies consistently show that the race of the victim, the county where a crime
is committed and access to financial resources often determine who will get the
death penalty more than the severity of the crime. As death penalty lawyer
Bryan Stevenson, founder of Equal Justice Initiative, has said: "When it comes
to the death penalty, you are better off being guilty and rich than poor and
innocent."
Despite having one of the largest death rows in the country - with 186 inmates
- Pennsylvania has been losing steam when it comes to actually executing
people. We've had only 3 executions since the reinstatement of the death
penalty in 1976, and the last execution was in 1999. It seems like death is on
its last leg - and not just in the commonwealth.
Maryland's governor, Martin O'Malley, signed a bill to abolish the death
penalty in his state in 2013. New Jersey abolished it in 2007. In fact, for the
1st time in decades, a majority of states have abandoned the death penalty in
law or in practice.
In 2014, just 7 states carried out executions - 3 of which accounted for 80 %
of them (Texas, Missouri and Florida). Last year, death sentences in the United
States hit a 40-year low, and executions were at a 20-year low.
Recent polls show that for the 1st time in decades a majority of Americans
prefer life in prison over the death penalty. And this is even more pronounced
among young people - including young people of faith, who are deeply troubled
that 85 % of executions take place in the Bible Belt.
There are many reasons the death penalty is on life support. There have been
several botched executions recently, such as that of Clayton Lockett in
Oklahoma. Lockett writhed in pain for 43 minutes before dying of a heart
attack. The prison warden called it "a bloody mess."
Then there are the exonerations. Ricky Jackson was released last year after
spending 39 years in prison in Ohio for a crime he didn't commit. Mr. Jackson
was convicted solely on the testimony of a 12-year-old boy who later recanted.
We now have 150 of these stories, 6 of them from Pennsylvania. That means for
every 9 executions carried out in the United States, 1 person has been found to
be innocent. What if an airline crashed 1 out of every 10 flights?
Victims' groups, such as Journey of Hope, Murder Victims' Families for
Reconciliation and the Forgiveness Project, are gaining traction as they insist
that capital punishment creates a new set of victims and perpetuates violence
instead of healing. As you listen to them, you can't help but be convinced that
we can do better than killing to show that killing is wrong.
Several states are on the brink of total abolition - Montana, Nebraska and
Kansas among them. In many states, political conservatives concerned about the
high cost of the death penalty are leading the way, pointing out that all the
money wasted on the death penalty could be better used to support victims,
prevent crime and repair broken schools and families.
Pennsylvania - home of the original U.S. Capitol and Gettysburg and
Independence Hall - holds an important place in American history on this issue.
That is because the commonwealth was founded by Quakers, who had denounced
slavery in 1688, nearly 200 years before it was brought to an end.
I can't help but think old William Penn was smiling down on us as Mr. Wolf made
his announcement last week. Penn was a pacifist and a Quaker with serious
reservations about the death penalty. His Quaker heritage held that every human
being carries the essence of God, and that no one should ever take the life of
another, not even the state.
Pope Francis, a similarly vocal critic of the death penalty, is coming to
Philadelphia this year. Mr. Wolf's latest action will give him 1 more thing to
celebrate as he visits the City of Brotherly Love in September.
(source: Commentary; Shane Claiborne, founder of The Simple Way, a Christian
organization in Philadelphia, is an activist and author----Pittsburgh
Post-Gazette)
ILLINOIS:
The Last Execution by Electric Chair in Chicago
February 18, 2015, was the 270th anniversary of Italian Physicist Alessandro
Volta. Volta is credited with inventing the 1st chemical battery and actually
separated and identified the odorless gas, methane. You can probably deduce by
his name that the term to describe electric potential (the volt) is named in
his honor. Actually, since he also discovered methane, we should also probably
be saying, "Oops! I volted!" after consuming too many beans or onions but I
digress.
Not fully understanding how my mind works the thought of Alessandro Volta lead
me to the thought of electricity which ultimately led me to the electric chair
which led me to wonder who the last person was who was executed by electric
chair in Illinois. That brought me back to June 16, 1956.
On that day, Detective John J. Blyth Sr. and his partner, Detective Daniel
Rolewicz, of the Stockyards Station were on duty for less than an hour when
they heard shots ring out near the New Mount Baptist Church at 223 W. 47th St.
They rushed to investigate and got into a foot pursuit with James E. Dukes.
Prior to the officers' arrival, Dukes, 31, had gotten into a heated argument
and started beating his 16 year old girlfriend, Lorretta Green. A deacon of the
church, Charles Leggons, 49, and head usher, Thomas J. Sylvester, 23, exited
the Church to assist Ms. Green.
As Sylvester and Leggons emerged from the Church, Dukes pulled a 9mm automatic
pistol from the purse of Green who ironically was carrying it for Dukes. Dukes
screamed, "I'll kill you all!"
Dukes fired 3 shots at the men striking Sylvester in the chest and Leggett in
the right leg. Both men survived.
Detective Rolewitz and Blyth gave chase and Dukes fired 3 shots at Rolewicz
from a range of three feet and missed. As Blyth rounded the corner of the
alley, Dukes shot him in the chest. Rolewicz went to comfort his partner until
the ambulance arrived and Blyth told his partner, "I'm going to die." They
prayed until Blyth lost consciousness. He was pronounced dead at Evangelical
Hospital.
Later that same day, Dukes (alias Jesse Welch) was found hiding under an
automobile at 4802 Wentworth Ave with a bullet wound in his forearm and
shoulder.
Detective John J. Blyth Sr.'s end of watch was June 16, 1956. He was 40 years
old and a 17 year veteran of the Chicago Police Department. He was the 3rd
generation of law enforcement in his family and his Badge # 1395 (the same as
his father's) was retired that same year. He left behind a wife as well as 2
sons and 2 daughters. He was laid to rest at Holy Sepulchre Cemetery.
Meanwhile James Dukes was tried twice and convicted twice of the murder of
Detective Blyth as well as the shooting of Sylvester and Leggons. He was
sentenced on August 16, 1956 to die by electrocution in Cook County's electric
chair.
Duke's home on "The Wing", as death row was called at the Cook County Jail, was
the maximum security wing in the basement of the Cook County Jail where inmates
were in 7 foot by 4 foot cells for 21 hours of the day. The electric chair was
down the hall in the same level.
After many appeals and legal maneuvering, Dukes was led out of his cell at 7
minutes after midnight on August 24, 1962. Dukes had converted to Catholicism
while incarcerated and asked that his body be buried in consecrated ground. He
had refused his last meal and left written messages to his family. He left a
copy of Plato's "Apology" as a statement to the press. It read, "The hour of
departure has arrived and we go our ways, I to die and you to live. Which is
better God only knows."
Dukes was pronounced dead at 12:10am by 3 doctors including the Cook County
Coroner and was, ironically, buried in the same cemetery as Detective Blyth.
Dukes was the last execution in the County and the State of Illinois for 27
years. When executions resumed in 1990 the means was changed to lethal
injection.
Currently there is no death penalty in the State of Illinois.
(source: Chicagonow.com)
TENNESSEE:
TN Supreme Court to hear challenge of electric chair law
The Tennessee Supreme Court has agreed to hear a legal challenge over a law
allowing the state to electrocute death row prisoners if lethal injection drugs
are unavailable.
The challenge is part of a lawsuit filed by 34 death row inmates over
Tennessee's death penalty protocols - both lethal injection and electrocution.
The state wants the court to dismiss the challenge to electrocution protocols
because none of the inmates are currently scheduled to die by electrocution.
The new electrocution law was meant to jumpstart the state's stalled execution
process, but it opened the door to new legal challenges.
The hearing is scheduled for May 6 in Knoxville.
The high court also is considering whether the state must release the
identities of the people who carry out executions.
(source: Times Free Press)
MISSOURI:
Family of Jill Frey wants death penalty reformed, will help seek justice for
others
The family of Jill Frey fought 25 years to see that her killer was brought to
justice. On Wednesday of last week, it finally happened. The state of Missouri
executed Walter Timothy Storey.
Storey brutally murdered 36-year-old special education teacher and Highland
native in February 1990 in St. Charles, Mo.
Storey, 47, was sentenced to death 3 separate times in the case, but botched
legal proceedings and fight over the drugs Missouri uses for lethal injections
kept the proceedings going, year after year.
"Unfortunately, too many families are involved in fighting for the rights of
the victim when it seems the justice system and political landscape protects
the people who commit these brutal crimes against innocent people," Jeff Frey,
Jill's brother, said in an email on Monday.
Jeff Frey said the execution brought closure for his family, but it could not
give them what they really wanted.
"Nothing will ever bring Jill back," he said.
According to prison officials, Storey released this final statement: "For this
world full of anger, hate and revenge, I would like to pray for peace,
forgiveness and love! I love everyone, even those who are doing this deed."
He also mouthed what appeared to be "I love you" to witnesses before his drew
his final breath.
But Jeff Frey said Storey's final statements rang hollow.
"His comments just before the execution were that he wanted to forgive us and
the people carrying out the execution. Not once in 25 years did he ever reach
out to our family to ask for forgiveness or offer his remorse or apology for
his unspeakable actions that dreadful night," he said.
While the case is now over, Jeff Frey said his family will continue to push for
the rights of other victims and their families.
"We are hoping to help others, just as Jill would have wanted," he said.
Frey family statement
The night of the execution of Walter Timothy Storey, Jeff Frey, brother of Jill
Frey, gave a statement on behalf of the family. A video of the statement can be
seen on the website www.missourinet.com (search for "Jill Frey"). The following
is that statement in its entirety.
First of all, we would like to thank the tireless efforts of the law
enforcement officers, Richard Plummer, Michael Miller and Joe Dresselhaus,
along with victims advocate Brenda Porter, who was our family's and especially
our mother's steady support through the years, and Kimberly Evans, the Victim
Services coordinator for (the) Missouri Department of Corrections, who has
offered all her time and support preparing for today.
Also, to Gov. Nixon and Attorney General Koster for staying the course,
upholding and fighting for victim's rights, and supporting the people's choice
for the death penalty
My attempt to give a brief statement about this event and the past 25 years can
never explain the overall effect this senseless and brutal murder has had on so
many people. Jill was a tremendous person, daughter, sister, aunt, godmother,
cousin, teacher and friend.
To go back 25 years (almost to the day) when we received the tragic news, to
what has taken us through three trials over the next 10 years, then waiting
another 15 years for the courts to set an execution date has needless to say
had an undeniable impact on Jill's family and friends.
Over this period of time, several of our family members have passed away
including both our mother and father. From the outset, this tragedy took its
toll on our father. He passed away shortly after the 3rd trial, and
unfortunately, his quality of life went from bad to worse beginning that
dreadful day of Feb. 5, 1990, when he lost his oldest daughter. Our mother
passed away in 2011 - 6 months after we finally received the news that the U.S.
Supreme Court denied his final appeal.
Mom and Dad's (lives), for the most part, reverted to following every step of
the case hoping to find closure to this sad and devastating ordeal. Mom
compiled over 10 binders, which stacked 3-feet tall of everything related to
the 3 trials, countless appeals, hearings and opinions, etc. After Dad's death,
Mom devoted the rest of her life to seeing this through. She was always fearful
this animal would be freed to kill another innocent woman.
Just to give you a rundown of what our family had to endure over the past 25
years:
1. Feb. 5, 1990 ... The tragic news
2. 1991 ... Initial trial ... Convicted of 1st-degree murder and armed criminal
action, 2nd-degree burglary and tampering with evidence ... Sentenced to death.
3. 1995 ... Missouri Supreme Court affirmed the convictions but reversed and
remanded the death penalty sentence due to ineffective counsel.
4. 1997... 2nd jury trial and again the sentence was the death penalty.
5. Missouri Supreme Court again reversed and remanded the death sentence
because the trial judge failed to properly instruct the jury.
6. 1999 ... 3rd jury trial again recommended the death sentence.
7. 2000 ... Our father passes away after 10 years of pain and suffering.
8. 2001 ... Mo. Supreme Court affirmed the death penalty.
9. 2010 ... U.S. 8th District Court rejected all appeals.
10. 2011 ... Finally! The U.S. Supreme Court denied all appeals.
11. 2011 ... 6 months later, our mother passed away without achieving her goal
of seeing this through.
12. 2015 ... Feb.11 - the time has come and now passed.
13. Jill was buried on Feb. 9, 1990 - 25 years and 2 days ago.
We know Jill, Mom, Dad, and all of our family and friends are relieved that
this is finally over and justice has been served. Unfortunately, we have had to
endure and suffer through all the countless delays and re-trials when there was
absolutely no doubt that 2 days after this brutal murder took place they had
the right guy - a guy that we can truly call a terrorist.
It is sad that the courts play politics and protect murderers when surveys show
that from 60-70 % of Americans support the death penalty. But the system
allowed this terrorist to beat it for 25 years. It is sad all the lawsuits and
dollars wasted over the drugs used in carrying out these executions.
The people of the state of Missouri, like the majority of states, have voted
for the death penalty. So, why are we arguing over what is cruel and unusual
punishment - of a murderer, of a terrorist? Why do we continue to allow the
argument about the secretive process of obtaining and using lethal injection
drugs?
Is it because this process might cause a brutal murderer to suffer a painful
death? What is a painful death? What is cruel and unusual punishment? Is it a
twitch of a finger? Is it a squinting of an eyelid? Is it a curling of a savage
killer's toes, or maybe violent tremors of the body for several minutes?
Or is cruel and unusual punishment when a man breaks into a woman's home in the
middle of the night while she is in bed, proceeds to brutally beat and assault
her, break 6 ribs, hit her in the face and head 12 times suffering injuries to
her forehead, nose, cheek, scalp, lips, tongue and even her eyelid torn off?
She had defensive wounds to her arms and hands, abrasions to her knee, a 6-inch
stab wound to the abdomen, and 4 internal impact injuries to her head all
before she lost consciousness!
What is cruel and unusual punishment? Is it a minimum of 20 blows to Jill's
body before cutting her throat to her spine? Jill died of blood loss and
asphyxiation from not 1 but 2 6-inch cuts across her throat, cutting through
both of her jugular veins, her airway, her esophagus and into her spine.
If not enough, he then threw her off the bed and stomped on her so hard it
broke her shoulder blade. Along with all of the evidence, blood, finger prints,
etc. - a deep shoeprint stamped into Jill's night shirt and back. The shoes
were found under his bed.
What is cruel and unusual punishment? Is it a little sting that we get when the
IV needle goes in the arm or the burning sensation when the drug is flowing
into the veins? Or is it going back into the victim's apartment the next day,
trying to wipe everything down of all fingerprints, and even using her own
toothbrush to clean under her fingernails because while struggling for her life
Jill took fingernails full of skin from his chest.
What is cruel and unusual punishment? We just witnessed a terrorist close his
eyes and go to sleep! Now, let's remember the kind of death Jill experienced.
This guy had choices many times through that dreadful night. He could have
stolen the keys, the money and left. But, to have a knife with him and do what
he decided to do, he has now paid the price for those choices. Everyone makes
decisions in their life and unfortunately that night his choice was to end
Jill's life in the most brutal fashion. Why are we so concerned about cruel and
unusual punishment when executing a brutal murderer? This guy had no mercy on
Jill, but now we are expected to have mercy on him.
Jill did not deserve this brutal attack. She made all the right choices in her
short life of 36 years. She dedicated her life to special needs children and
their families. Her goal was to mainstream special needs children into a
regular classroom. She always volunteered for Easter Seals camps, Special
Olympics and several other related organizations.
Jill has a memorial scholarship in her honor presented every year to a senior
at Highland High School in Highland, Ill. A memorial garden was built at United
Services in St Charles, Mo., where Jill was teaching before her death. An
annual memorial leadership award is presented to a Special Olympic athlete in
her name. Jill also received several awards while living her dream and applying
herself to the fullest in her profession. One that meant much to her was being
named the "Outstanding Young Educator" by the Illinois Jaycees.
But most of all, she was a loving, caring, and giving person and everyone she
came in touch with became a better person having known her. Jill, we are so
proud of you and your love and dedication to everything and everyone you
believed in!
To say Jill was a special person is an understatement. Having Jill taken from
us not only affected her family and friends lives but all the special needs
children that she taught and loved, all the children she could have taught and
been enriched by her love. Her never-ending desire was to give of herself
always. This world lost a very special and beautiful person.
So, the execution brings a sense of closure to a part of this unspeakable
tragedy in our lives. It will not bring Jill back, nor will it ever lessen the
pain and suffering we go through every day. Going through three trials has
etched in our memory everything that happened to Jill that night. We can never
erase the thoughts of the struggle Jill endured trying to survive. We will
never forget.
Just think for a moment if this attack happened to your family or even one of
your friends. How would this affect your family? What would you consider
justice under the law? This guy had a choice, and now his sentence has been
carried out according to the law but in a very peaceful way compared to what he
did to Jill.
After 25 years, we now can try and close this chapter. We do not have to worry
about another trial or appeal, lawsuits or anything else. We hope by hearing
our tragic story the people of this country will push to change this process
and stop these lengthy lawsuits and appeals. 25 years is tragic.
Jill, Mom, Dad, and all the rest of our family at your side, we know you are
here and you saw it through with us. We know you are finally at peace!
We, all family and friends, can only hope to find that same peace and begin to
go on with our lives. We all know you are forever at our side until that day
when we meet again. We miss you all each and every day.
(source: Belleville News-Democrat)
MONTANA:
Move to abolish Montana death penalty that would save Red Deer man passes
significant hurdle
Legislation to abolish Montana's death penalty received a significant boost
this week as the bill, which would impact Canadian Ronald Smith, passed a major
hurdle.
The judiciary committee in the lower house of Montana's 2-tier legislature
stalled earlier bills to abolish the death penalty in 2007, 2009, 2011 and
2013. They had been introduced and then passed by the state senate.
This year the bill, which was introduced by Republican Rep. David (Doc) Moore,
started out on the house side and made it past the judiciary committee by an
11-10 vote.
"I am shocked it got out of committee. I was as surprised as anybody," Moore
said in a telephone interview. "I've really got a tiger by the tail now."
Moore says the bill, which would abolish executions and replace them with a
sentence of life imprisonment with no chance of parole, must now be voted on by
the state house of representatives no later than Feb. 27.
"I honestly don't know what will happen," Moore said. "I think there's enough
votes on the house floor for it to pass."
If it passes, it would go through a similar process in Montana's senate.
Moore is worried there may be another attempt by proponents of the death
penalty to refer it to another committee in order to kill it.
"The people who are against it are really against it."
If passed as written the legislation would be retroactive to include Smith, 57,
and another death-row inmate, William Jay Gollehon.
Smith, who is originally from Red Deer, Alta., was convicted in Montana in 1983
for shooting to death 2 cousins while he was high on drugs and alcohol near
East Glacier, Mont.
He refused a plea deal that would have seen him avoid death row and spend the
rest of his life in prison. 3 weeks later, he pleaded guilty. He asked for and
was given a death sentence.
Smith had a change of heart and has been on a legal roller-coaster for decades.
An execution date has been set 5 times and each time the order was overturned.
Moore said bringing forward the legislation isn't about seeking leniency for
those on death row, but about eliminating the costs of the protracted legal
wrangling involved in a death penalty case.
Ron Waterman, a senior lawyer for the American Civil Liberties Association,
testified before the judiciary committee that the death penalty system is
flawed and there is the risk of executing an innocent person.
He said the costs also mitigate the benefits the death penalty gives a
prosecutor trying to negotiate a plea bargaining.
"Once triggered, the defendant is entitled to massive exposure to defend
against such charges. No prosecutor will spend over $400,000 just to try having
a tool to use in a plea bargaining," Waterman said.
"The death sentence does not deter crime or other capital crimes."
(source: Calgary Herald)
ARIZONA:
Defense Calls Psychologist Back to the Witness Stand in Death Penalty
Retrial----Psychologist Reads Text Messages Arias Sent to Travis Alexander
After Killing Him
Maricopa County Superior Court Judge Sherry Stephens told jurors on Feb. 12 to
expect to continue reporting to the courthouse until the end of February since
there could be testimony from rebuttal witnesses as late as Feb. 26, according
to The Associated Press.
During the mitigation phase of the trial, the defense team will have another
opportunity to persuade the jury not to sentence the convicted killer to death
due to different mitigating factors, reports USA Today.
Following the last witnesses, Arias will be allowed to address the jury
directly and offer a plea for her life. Both sides will then end with a closing
argument before the jury begins deliberating a life in prison or death
sentence.
Although Arias was found guilty of 1st-degree murder in May 2013 in the death
of her ex-boyfriend, jurors failed to reach a unanimous decision on her
sentencing. As a result, the retrial will determine whether she should be
sentenced to death, life in prison or life with a chance of release after
serving 25 years.
According to medical examiners, Arias stabbed Alexander 27 times, primarily in
the back, torso and heart in his Phoenix home. She also slit Alexander's throat
from ear to ear, nearly decapitating him, and she shot him in the face before
she dragged his bloodied corpse to the shower and took pictures of him.
(source: LatinPost)
USA:
Why the U.S. won't stop executing inmates even as a Supreme Court ruling looms
On Tuesday, Attorney General Eric H. Holder Jr. said he supported the idea of
halting all lethal injections in the United States until after the Supreme
Court issues a ruling on the issue. The Supreme Court is hearing a case about
lethal injection in Oklahoma this spring, with a ruling expected in the summer,
to determine if that state's procedures are constitutional.
"From my perspective, I think a moratorium until the Supreme Court made that
determination would be appropriate," Holder said during remarks at the National
Press Club in Washington, D.C.
This idea has been raised before in the weeks since the justices said they
would hear a lethal injection case. In court filings and orders, in arguments
and motions, attorneys and judges and justices have questioned whether any
executions should take place when it is known that the Supreme Court is going
to rule on the issue very soon. Yet the suggestion does not seem to be taking.
While 4 executions have been postponed due to this particular case, this has
not translated into a broader moratorium.
Holder noted that he was speaking personally, rather than as a government
official, in making his pronouncement, and he has said in the past he is
opposed to the death penalty. He said his opposition centered on "the ultimate
nightmare" of someone being executed due to a mistake, something he described
as an "inevitable" feature of a death penalty system that relies on the
fallible judgments of human beings.
"There's always the possibility that mistakes will be made," he said Tuesday.
"Mistakes and determinations made by juries, mistakes in terms of the kind of
representation somebody facing a capital offense receives ....There is no
ability to correct a mistake where somebody has, in fact, been executed."
The fact that there is currently no moratorium points to the differences
between the last time the Supreme Court considered lethal injection and the
current case. The Oklahoma case represents the Supreme Court's 1st examination
of lethal injection - the primary method of execution in the United States -
since 2008. That ruling ended what had become a de facto moratorium on
executions, because it involved a form of lethal injection used by dozens of
states. In the years that followed, the lethal injection landscape, and by
extension the capital punishment landscape, has dramatically shifted in the
United States, leaving the justices with a very different situation.
When the court acted in the Baze v. Rees decision in 2008, it upheld a form of
lethal injection that has since become obsolete, because a drug shortage has
caused the dwindling number of states still carrying out executions to scramble
and improvise in an attempt to execute inmates. At the time, the court's action
meant that the lethal injection protocol used by dozens of states was
acceptable. The Oklahoma case, meanwhile, seems to center on the use of the
drug midazolam, which has been involved in 3 problematic executions but has not
found widespread adoption; it has been used in just 15 of the 82 executions
carried out since the beginning of 2013, almost all of them in Florida. (One of
those problematic executions occurred in Ohio, which said it will no longer use
midazolam and delayed all executions scheduled for this year so it can find new
lethal injection drugs.)
"It was a different issue in that all states were using essentially the same
method, whereas now it's a more specific and narrow case that the court has
taken," Richard Dieter, executive director of the Death Penalty Information
Center, said in an interview Wednesday.
When the court acted in 2008, it dissolved a de facto moratorium and allowed a
surge of executions to begin in the country. There were no executions between
the end of September 2007 and early May 2008, the period between the court's
decision to hear the case and its ruling. Dozens of executions occurred in the
months after the Baze decision, and in 2009, the 1st full year following that
decision, states carried out 52 executions. (That number has since dropped,
falling to 35 executions last year, the lowest annual total in 2 decades.)
States soon began dealing with a drug shortage caused by European objections to
the death penalty, a situation that meant the 3-drug combination they had
previously used was replaced by a patchwork system where different states use
varying drugs or combinations. That, in turn, has been followed by problems
with executions; an inmate in Oklahoma grimaced and kicked during his execution
last spring, 3 months before an Arizona inmate gasped, snorted and took nearly
2 hours to die. Both of these executions, along with the lengthy lethal
injection in Ohio last year, involved midazolam, a drug questioned by Justice
Sonia Sotomayor in a dissent the week before the Supreme Court said it would
take the lethal injection case.
In the time since the Supreme Court said it would consider lethal injection,
voices at various levels of the process have considered whether executions
should be delayed until after the justices rule. The Supreme Court, at the
request of Oklahoma, said it was staying three executions scheduled in that
state until the justices ruled. The court also declined to stay a Missouri
execution that had cited the coming Oklahoma decision. (Missouri has used
midazolam to sedate inmates before executions, but has not used it as one of
the lethal drugs.) The Florida Supreme Court this week said it was staying an
execution scheduled there because the state's execution protocol and the one
used in Oklahoma use the same amount of midazolam.
"The standards the Supreme Court are going to lay out, certainly they're going
to focus on midazolam, but they're going to give a blueprint for any new,
untried method," Dieter said. "That could affect every state. We are in an
uncertain period with lethal injection drugs."
There are currently 10 executions scheduled between now and the beginning of
oral arguments in the Oklahoma case at the end of April. 7 of them are in
Texas, with the other 3 set for Missouri, Georgia and Tennessee.
The Texas Department of Criminal Justice "does not intend to delay executions"
due to the Supreme Court's review of Oklahoma, Robert C. Hurst, a spokesman,
said in a statement Wednesday. "The agency does not use the same drug
combination, but instead utilizes a single, lethal dose of pentobarbital to
carry out executions," Hurst said. "The agency has used this protocol since
2012 and has carried out 39 executions without complication."
Missouri's Department of Corrections said it remains prepared to carry out an
execution next month, noting that the execution warrants in that state are
issued by the Missouri Supreme Court. The Georgia and Tennessee Departments of
Corrections did not respond to requests for comment on Wednesday.
While other court action or government intervention could affect some of these
executions, it appeared unlikely the country???s highest court would step in.
Just a week before Holder spoke, an inmate in Missouri who argued that his
execution should be postponed while the Supreme Court considers lethal
injection was put to death after the justices declined to step in. The
situation pointed to how divided the court is as well as a quirk of how the
court operates: The 4 justices who dissented from a decision allowing an
Oklahoma execution to go forward last month are the same 4 who would have
stayed the Missouri execution. While it takes five justices to stay an
execution, only four are needed to accept a case.
(source: Mark Berman, Washington Post)
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