[Deathpenalty] death penalty news----TEXAS, VA., FLA., OHIO

2015-10-24 Thread Rick Halperin




Oct. 24



TEXAS:

Texas execution drug shipment seized by federal authorities


The U.S. Food and Drug Administration intercepted an international shipment of 
an unapproved lethal injection drug called sodium thiopental that was ordered 
by the Texas Department of Criminal Justice, a federal official said Friday.


The shipment originated in India in July, according to the online news site 
Buzzfeed, which first reported the seized shipment.


"FDA has detained and is holding shipments of sodium thiopental that the state 
correctional facilities in Arizona and Texas attempted to import into the 
United States," FDA spokesman Jeff Ventura said. "Courts have concluded that 
sodium thiopental for the injection in humans is an unapproved drug and may not 
be imported into the country for this purpose."


But Texas Department of Criminal Justice spokesman Jason Clark said that state 
officials had received federal clearance to import the drug.


"The Texas Department of Criminal Justice obtained an import license from the 
Drug Enforcement Administration prior to the importation," Clark said. "In 
accordance with federal law and prior to shipment of the drug, TDCJ filed 
notice with the DEA of the anticipated shipment."


Clark said the state acquired the license on Jan. 21 and notified the DEA "more 
than 2 weeks prior to its arrival." He wouldn't say how much the state paid for 
the shipment or where it came from, citing a new state law that keeps the 
source of execution drugs secret.


Sodium thiopental is an anesthetic that had been used in conjunction with 2 
other drugs to perform lethal injections in Texas. Death penalty states have 
struggled to find new suppliers of execution drugs amid a nationwide shortage. 
Texas stopped using sodium thiopental in 2011 because it couldn't identify a 
supplier, and switched to pentobarbital and other drugs. The state has been 
using pentobarbital alone since 2012.


Clark wouldn't say whether Texas was considering using a different execution 
drug but said there was enough pentobarbital to execute all 253 inmates on 
death row.


In 2013, the U.S. Court of Appeals in Washington, D.C., ruled that the FDA 
could no longer allow the importation of sodium thiopental because the drug 
lacks FDA approval.


The seized shipment highlights a regulatory overlap between the FDA and DEA. 
The FDA regulates prescription and nonprescription drugs - including sodium 
thiopental. But the drug is also a Schedule III controlled substance, which 
falls under DEA jurisdiction.


DEA spokeswoman Barbara Carreno said it is possible that Texas could have 
obtained a permit to import the drug despite the FDA prohibiting the drug.


The news of the shipment has worried death penalty opponents, who cite concerns 
about the secrecy surrounding the state's lethal injection program.


"It shouts for the need for transparency," said Maurie Levin, 1 of the lawyers 
representing complainants in a federal lethal injection case in Houston. 
"Nobody knew that Texas was attempting to obtain sodium thiopental."


A new law that went into effect in September allows state prison officials to 
keep confidential the names of pharmacies or companies that sell execution 
drugs to Texas.


The Texas House sponsor of the bill, Rep. John Smithee, R-Amarillo, said 
secrecy was needed to protect pharmacies from retaliation, but Democrats argued 
that the protection is unnecessary because there have been no proven cases of 
such threats.


Condemned inmates and defense lawyers can still learn when the drug was 
purchased, when it expires and results of lab tests on the drug's potency and 
purity.


(source: Austin American-Statesman)






VIRGINIA:

Confounding case: Amid court pleas, execution was kept on schedule


His crimes were horrific and there was no hint of innocence or remorse. Alfredo 
Prieto had been denied clemency and his appeals turned down before his last 
words Oct. 1 at at 9:08 p.m.: "Get this over with."


The commonwealth of Virginia complied and Prieto was pronounced dead at 9:17 
p.m. in an execution that is apparently the 1st in modern state history carried 
out while a request for a stay was pending in the U.S. Supreme Court.


Gov. Terry McAuliffe's office was notified at 9:05 p.m. that the stay 
application was being filed and he could have, as have other governors, delayed 
proceedings until the Supreme Court ruled - a red telephone receiver held by a 
prison official inside the execution chamber kept open a direct line to the 
governor's office. McAuliffe, under no obligation to hold things up, did not.


Barry A. Weinstein, a former director of the Virginia Capital Representation 
Resource Center, conceded Prieto's chances for a stay appeared slim and agreed 
that without a stay in place the execution could proceed. Nevertheless, he was 
surprised the governor did not wait.


"Let's assume the Supreme Court would have ruled in favor of Prieto's stay and 
he had been executed - 

[Deathpenalty] death penalty news----MO., KAN., NEB., NEV., CALIF., USA

2015-10-24 Thread Rick Halperin






Oct. 24



MISSOURIimpending execution

Remnants of brain tumor could stop Ernest Johnson execution


The remains of a brain tumor may halt the execution of a convicted Columbia 
killer.


Attorneys for Ernest Lee Johnson filed the complaint Thursday in Missouri's 
federal Western District Court to stop the state's lethal injection scheduled 
for November 3. A jury convicted Johnson of killing 3 people - Fred Jones, Mary 
Bratcher and Mable Scruggs - at the old Casey's at the corner of Rice Road and 
Ballenger Lane in 1994. Johnson's case went back to the penalty phase three 
times since, with each jury upholding the death penalty.


The new complaint, filed by Kansas City attorney Jeremy Weis, cites the risk 
posed by the remnants of a "parasaggital meningioma brain tumor" during lethal 
injection. The slow-growing tumor was found in 2008, and doctors removed the 
meningioma in August of that year. However, they did not remove the whole 
tumor, and the "significant" portion of the brain removed in surgery could 
cause seizures during lethal injection.


Missouri uses a combination of midazolam and pentobaribital for executions. 
Weis said the 2 drugs "could trigger violent and uncontrollable seizures during 
the execution due to the existence of the meningioma, scarring and brain 
defect. Such violent and uncontrollable seizures will likely result in a 
severely painful execution."


Johnson killed 3 Casey's employees in February 1994.

Assistant Attorney General Gregory Goodwin filed the state's response late 
Friday afternoon. Goodwin leaned on Missouri's 18 "rapid and painless 
execution" since November 2013, calling Johnson's claim "implausible." Cecil 
Clayton, put to death for killing a Barry County sheriff's deputy in 1996, also 
asked the federal court to stop his execution in March based on a missing piece 
of his brain. The U.S. Supreme Court denied that request.


"The execution of Clayton was rapid and painless, like the other 17 executions 
Missouri has carried out using Pentobarbital," Goodwin wrote.


Dr. Joel Zivot, an anesthesiologist from Atlanta's Emory University, reviewed 
Johnson's medical records in August of this year, the complaint said. Johnson 
told Dr. Zivot of "recurring throbbing pain" in his head, rating the pain a "7 
out of 10." Dr. Zivot also conducted the medical review for Russell Bucklew, 
whose Missouri execution was halted by the U.S. Supreme Court hours before it 
was scheduled to happen in May 2014.


"Dr. Zivot opines that the administration of Midazolam and Pentobarbital have 
the real and significant potential of promoting a seizure," Weis' wrote. 
"According to Dr. Zivot, there is a significant possibility of a drug-induced 
seizure."


(source: KMIZ news)






KANSAS:

Man freed from death row to speak Monday at ESU


Joe D'Ambrosio is 1 of 155 innocent individuals freed from death rows 
nationwide since 1973. D'Ambrosio was wrongfully convicted of murder and 
sentenced to death in Ohio, where he spent 20 years on death row before his 
exoneration in 2012.


Since being exonerated, D'Ambrosio has spoken out against the death penalty 
because of the risk of executing an innocent person. He is a member of Witness 
to Innocence, which is an organization "dedicated to empowering exonerated 
death row survivors to be the most powerful and effective voice in the struggle 
to end the death penalty in the United States." (www.witnesstoinnocence.org)


Monday from 6:30 to 7:30 p.m., D'Ambrosio will share his story with students at 
the United Methodist Campus Ministry of Emporia State University, 1305 Merchant 
St. His talk will be followed by a Question and Answer session.


(source: Emporia Gazette)






NEBRASKA:

There's a meanness in this world, and the death penalty won't save you from it


I bet most of you know who Charlie Starkweather is, yes? For those who don't 
know, Starkweather murdered 10 people in a rampage that spanned the length of 
the state of Nebraska on into Wyoming.


He was mass-murderer, a child-killer, a rapist (or at least an attempted one), 
and a coward. He was also the 4th-most recently executed inmate in the State of 
Nebraska. That was in 1959.


No matter what any death penalty proponent tries to tell you, the death penalty 
has never really played much of a role in law-and-order in Nebraska, at least 
not by the numbers. I'm sure most of you are aware that nobody has been 
executed in the state since Robert E. Williams in 1997. You may also be aware 
than only 3 inmates have been executed in Nebraska since the Supreme Court 
reinstated the death penalty in 1976.


But do you appreciate just how infrequently the death penalty has been applied 
in Nebraska over the course of the lifetime of just about anybody who is 
reading this? 3 men have been executed in my lifetime (born in 1982). 5 men 
have been executed in my father's lifetime (born in 1950). And 7 men have been 
executed in my grandmother's lifetime (born in 1931).


[Deathpenalty] death penalty news----worldwide

2015-10-24 Thread Rick Halperin






Oct. 24



INDIA:

Should discuss death penalty,timeframe for execution: Maharashtra CM


Maharashtra Chief Minister Devendra Fadnavis on Saturday said with around 300 
persons on the death row, we must ponder whether the capital punishment should 
be retained, and if yes, must determine a timeframe for its execution.


Fadnavis, himself a law graduate, was speaking at a discussion on relevance of 
capital punishment at the State Lawyers Conference organised by the Bar Council 
of Maharashtra and Goa which started on Saturday.


Yakub Memon, the sole convict of 1993 Mumbai blasts case to be sentenced to 
death, was hanged at Nagpur prison in Maharashtra on July 31, 2015.


"Even after the Supreme Court upholds the death punishment, it takes so many 
years to execute it," he said, pointing out that about 300 convicts are on the 
death row in the country at present. It was time we discussed whether the 
capital punishment is needed, and if yes, then what should be the timeframe to 
execute it, he added.


Yakub Memon, the sole convict of 1993 Mumbai blasts case to be sentenced to 
death, was hanged at Nagpur prison in Maharashtra on July 31, 2015.


Former Chief Justice of Orissa High court Bilal Nazki opposed the capital 
punishment. "Are we equipped to know who deserves death and who doesn't," Nazki 
asked.


"When you don't know if you are going to die or not, then it's very painful," 
he said, adding "what does the victim get if the accused is killed".


"We don't have rehabilitation policy regarding the victims of terrorism," 
Justice Nazki pointed out.


Former Supreme Court judge VS Sirpurkar favoured continuance of death penalty. 
"It is a very effective deterrenceIf you take away the death sentence then 
the future criminals will turn this country into a jungle," he said.


(soure: ibnlive.com)






THAILAND:

Japanese man arrested for drug, gun possession in Thailand


A Japanese man has been arrested in Thailand for possessing more than 2 
kilograms of an illegal stimulant drug and an unauthorized automatic gun, while 
three others were apprehended for trying to bribe the police into releasing 
him, Thai police said Saturday.


Yutaka Itakura, 34, was arrested in Bangkok on Friday with around 2.3 kg of 
methamphetamine that he tried to sell to an undercover agent working for the 
police. The police also found money worth more than $30,000 in his room.


He is accused of trying to bribe the police into releasing him. 3 other 
Japanese men were also arrested after they came to offer a bribe in exchange 
for Itakura's release.


Itakura has been charged with possessing illicit drugs with intent to sell, 
selling illegal drugs, possessing an unregistered gun and trying to bribe 
police officers. He could face the death penalty if found guilty of the 
drug-related charges.


He is believed to have links with a Japanese gang that runs a drug business in 
Thailand and is also suspected of using Thai women to transport drugs abroad.


The Thai police are coordinating with their Japanese counterparts in an 
investigation to learn how Itakura came to possess the drugs.


The four accused, aged between 34 and 50, were arrested on Friday after a 
tip-off that one of the group was smuggling drugs out of Thailand.


"Our undercover agent bought 2.3 kg of 'ice'" from Itakura in central Bangkok, 
said a police statement Saturday.


The 3 other Japanese nationals offered police around $28,000 to release 
Itakura, the statement said.


Thailand is a known gateway to the lucrative Southeast Asian drugs market.

Seizures of "ice," a form of methamphetamine, have quadrupled across the 
Asia-Pacific region over 5 years, the United Nations said in May.


Much of the increase is down to an explosion in production of the usually less 
pure methamphetamine-laced tablets, known in parts of Asia as "yaba."


(source: Japan Times)






PAKISTAN:

Who are we hanging?


The headlines of newspapers scream that we have reached a 'shameful milestone'. 
We have made people march to the gallows-more than we want to count and believe 
that we have. Pakistan has executed more than 250 people since the lifting of 
the moratorium in December 2014. At the time it was a measure to combat 
terrorism, in wake of ghastly massacre of almost 150 people in a Peshawar 
school. However, that seems to be long forgotten. Now the death penalty is 
focusing on clearing out jails- targeting the mentally ill and physical 
disabled as well.


The story of Abdul Basit echoes the abysmal state of Pakistan's criminal 
justice system and reaffirms that whilst the wealthy and influential escape 
through the loopholes; the poor, disabled, mentally ill, and the most 
vulnerable segments of Pakistan's society, is rushed to the gallows - 
celebrated as an indicator of its success in eradicating terrorism. The state 
is apathetic to the violations of their human dignity, and it has become 
evident in Abdul Basit's case, where despite his permanent dis