[Deathpenalty] death penalty news----OHIO, TENN., KAN., UTAH

[Rick Halperin]

NOV. 25



OHIO:

Ohio Could Pass the Country's Most Extreme "Secret Executions" Bill----A new 
law could make it almost impossible to know what really happens in the death 
chamber.


The execution of Dennis McGuire on January 16 of this year did not go as 
planned. Injected with an untested cocktail of drugs, the Ohio death row inmate 
gasped, choked, and writhed in his restraints. McGuire was declared dead after 
26 minutes, having endured the longest execution in the state's history.

"To a degree of medical certainty, this was not a humane execution," an 
anesthesiologist testified in a subsequent federal lawsuit against the state's 
execution team. The lawsuit, filed by McGuire's children, declares the 
execution method used on McGuire cruel and unusual and seeks to block its 
further use in Ohio.

Yet state lawmakers are now rushing to pass a "secret executions" bill that 
would make it harder to know what really happens in the death chamber. If 
passed, HB663 will drop a veil of secrecy over the death penalty by exempting 
anyone participating in a lethal injection from public records requests that 
might reveal their identities or duties. It would apply to medical and 
nonmedical staff, companies transporting or preparing supplies or equipment 
used in executions, and the providers of the drugs used in the lethal 
injection.

Introduced just 2 weeks ago in a lame-duck session, the bill sailed through 
committee and was passed by the state House last Thursday, 62 to 27. The bill 
now moves to the Senate, which could vote on it as early as the first week of 
December. Most of the measure's support comes from Republicans, who control 
both chambers of the legislature. It is not clear whether Gov. John Kasich, a 
Republican who supports the death penalty but has been generous in granting 
clemency, will sign the bill if it comes to him. The Ohio chapter of the 
American Civil Liberties Union (ACLU) reports that the bill's sponsors have 
claimed that they have Kasich's support.

"This is the most extreme lethal injection secrecy bill that we've seen 
nationwide."

After McGuire's botched execution, a federal judge issued a moratorium on 
capital punishment in Ohio until January 2015. The state's next execution is 
scheduled for February. This imminent deadline is part of what's driving the 
legislature's urgency to pass the execution secrecy bill. The European 
suppliers of the state's preferred execution drug, pentobarbital, now refuse to 
sell it for use in executions. Lawmakers hope that the promise of anonymity 
will goad local compounding pharmacies into providing the drug.

If it goes into law, the bill would make it exceedingly difficult for the 
public or the press to investigate executions. Under the law, participants in 
executions may be sued if they reveal any confidential information or 
identities. The law also would undermine prisoners' due process rights, 
according to the ACLU: By exempting the participants in lethal injections from 
subpoenas and discovery proceedings, the law would make it virtually impossible 
for inmates' lawyers or courts to depose or question anyone with knowledge of a 
particular execution or death-penalty protocol. A late amendment to the bill 
does make limited room for disclosure through private judicial hearings.

Thirteen other states have passed or tried to pass these sorts of gag rules. 
The bills are also growing more broad. "The trend we see in the more recent 
confidentiality statutes is an enhancement of both the breadth and depth of 
secrecy surrounding execution procedures," notes Megan McCracken, an attorney 
at the death penalty clinic at the University of California-Berkeley law 
school.

But Ohio's bill goes even further. First, it would void any contract, domestic 
or international, that would hinder the state's ability to obtain execution 
drugs. It also extends professional immunity for participants in executions, 
stating that licensing organizations can not "take any disciplinary action 
against" physicians, pharmacists, or other staff. Many professional 
associations' codes of conduct prohibit participation in capital punishment, 
and the Ohio State Medical Association has expressed concerns about the bill's 
"intent to statutorily void" parts of the medical ethics code. "I think this is 
the most extreme lethal injection secrecy bill that we've seen nationwide," 
says Brickner.

The original version of the bill, sponsored by state Rep. Jim Buchy 
(R-Greenville), sought to ensure permanent blanket secrecy. An amended version 
requires individuals and companies involved in executions to opt-in for 
anonymity, and would make their identities public 20 years after they finish 
their business with the state. "20 years later is a rather pointless exercise," 
says Mike Brickner, senior policy director at the ACLU of Ohio. "If the company 
has a 10-year contract, you wouldn't see that information in your lifetime."

With 4 botched executions in the last eight years, Ohio's use of the death 
penalty has come under increasing scrutiny. Beyond practical considerations 
regarding lethal injection, the legislature's rush may also be an attempt to 
quiet the debate on capital punishment, notes Brickner. Yet it may have the 
opposite effect. "This bill is fundamentally broken," says Brickner. "There 
will be no shortage of lawsuits challenging it."

(source: MotherJones.com)

*******************

Sandy arraigned on murder charge; Alleged killer of 86-year-old George Martin 
enters plea of not guilty.


An accused killer made his 1st appearance in an Erie County courtroom Monday, 
entering a not guilty plea for the fatal stabbing of his relative, George 
Martin, nearly 1 year ago.

Joseph Sandy, 33, sat before Erie County Judge Tygh Tone Monday afternoon for a 
brief arraignment in the death penalty case.

He pleaded not guilty to all the charges a grand jury indicted him on earlier 
this month - aggravated murder, arson, robbery and burglary, as well as 
tampering with evidence.

The benches in Tone's courtroom were completely empty at the hearing - Sandy 
was joined only by attorney Aaron Miller, Erie County prosecutor Kevin Baxter 
and court personnel.

As Tone read aloud his indictment, Sandy intently read along on his own copy, 
showing no emotion - and he did not change demeanor when Tone detailed the 
death penalty he's potentially facing.

According to Baxter, Sandy was eligible for capital punishment because grand 
jurors found he allegedly killed Martin while both robbing him and burgling his 
home, all before setting it ablaze Dec. 3.

Shortly after the murder, he violated his parole from a DUI conviction and was 
shipped back to Belmont Correctional Institution. He's been behind bars there 
up until his return to Erie County in anticipation of this first court 
appearance.

There was talk in the courtroom Monday of Sandy possibly transferring prisons 
to make him more accessible to local proceedings, but no official decision was 
reached.

For now, a holder will be placed on him so that he cannot be released from 
custody while he's out of Erie County hands.

Sandy's next court date is slated for Dec. 22 at 11 a.m.

His co-defendant and wife, Bethany Sandy, 24, remains at the Erie County jail.

(source: Sandusky Register)






TENNESSEE:

Allegation of affair between judge, victim-witness coordinator dominates Kiser 
hearing


Tempers flared and a judge took the stand during testimony in the 
post-conviction petition case of Marlon Kiser Monday.

At a hearing, Kiser's attorneys tried to draw out details of an alleged affair 
between a former victim-witness coordinator and retired Division 3 Judge Steve 
Bevil, who is now dead. On the stand, Cindy Richardson categorically denied 
having a sexual relationship with the judge, who at the time was trying Kiser's 
case.

"I think he liked me, I liked him, it was mutual, but that was it," Richardson 
said.

As victim-witness coordinator, Richardson worked for prosecutors between 2001 
and 2003. She said she was asked to resign in 2003. She drank too much at the 
annual district attorney's conference, she said, and she had wanted to leave 
anyway.

That year, Kiser was sentenced to death for the 2001 murder of Hamilton County 
Sheriff's Office deputy Donald Bond. He's been appealing his case ever since, 
although a grand jury upheld his death penalty sentence in 2009.

His execution was set for 2010, but that was delayed when his lawyers filed a 
motion to review evidence. A post-conviction petition for relief was filed on 
his behalf, and witnesses have testified at 2 previous hearings.

At Monday's hearing, Murfreesboro attorney Paul Bruno asked Richardson if she 
told others at the conference that she could influence Judge Bevel.

"I don't know, there was a lot of alcohol," Richardson said.

Her husband, attorney Mike Richardson, called the accusations "nonsense and 
lies."

"She told me Judge Bevel liked her and it became uncomfortable," Mike 
Richardson said.

But attorney Hank Hill testified that during a dinner that he attended with his 
wife, Cindy Richardson said she was having a secret affair with the judge.

"She indicated there was a sexual relationship," Hill said.

Hill is married to Times Free Press staff writer Karen Hill.

Division I Judge Barry Steelman was executive assistant district attorney 
general at the time of Kiser's case. He testified Monday that he remembered a 
meeting at the public defender's office involving Kiser's defense team, Cox and 
himself.

Former public defender Mary Ann Green said she, too, remembered the meeting, at 
which Cox informed her that Richardson had left, either because of her 
relationship with or comments she made about Judge Bevil. Green was one of 
Kiser's defense attorneys. She said the defense team did not file any motions 
because they trusted Judge Bevil's judgment.

To see any post-conviction relief, Kiser's attorneys will need to prove that 
the alleged affair, as well as other issues with the investigation and defense, 
affected the outcome of the trial.

"Any time there's any indication that a judge was engaged in misconduct with 
essentially the employee of one of the attorneys handling the case, that's 
absolutely concerning," Kiser's attorney, Luke Evans, said.

When he took the stand, Mike Richardson condemned the defense team for dredging 
up accusations.

"I hope you enjoy this public spectacle you've created," Richardson said.

"Nobody's enjoying any of it," Bruno said.

(source: Times Free Press)






KANSAS:

Autopsy begins on Kansas woman found raped, burned


An autopsy has begun on a Kansas woman who died this weekend, days after she 
was sexually assaulted and set on fire in a Wichita park, a county official 
said Monday.

Sedgwick County spokeswoman Brittany Clampitt said coroner's office officials 
were investigating, but it wasn't clear when the examination would be complete.

Family members held a memorial for Letitia "Tish" Davis on Sunday evening in 
Wichita's Fairmount Park, where she was found Nov. 14 with burns on more than 
half her body and cuts on her head.

They remembered her as a loving mother of 4. Marcie Bell called Davis "truly a 
beautiful person."

"This is my way to tell her she will never be forgotten," Bell told The Wichita 
Eagle.

Cornell McNeal has been jailed and charged with attempted murder and rape. He 
doesn't yet have a lawyer, according to court records and the Sedgwick County 
Public Defender's office.

Police Lt. James Espinoza told The Eagle that charges against McNeal would be 
amended after Davis died Saturday. He hasn't returned messages from The 
Associated Press seeking comment. A capital charge could make McNeal eligible 
for the death penalty.

District attorney's office spokeswoman Georgia Cole said Monday that 
prosecutors would determine "what charges are appropriate based on new 
evidence," which would include the results of the autopsy.

(source: Associated Press)






UTAH:

Utah Wants to Bring Back the Firing Squad and Other Death Penalty News


The good news is that it has been nearly 4 months since there has been a 
botched attempt at administering the death penalty in the United States, after 
a slew of failed, drawn out lethal injection executions. The bad news is that 
there could be a nonoccurrence at any time, as the underlying roots of the 
issue - our country's complete disregard for the suffering of those we see as 
guilty and refusal to acknowledge the injustice surrounding the death penalty 
itself - still remain unaddressed.

Despite a number of issues with the combination of drugs that together compose 
the so-called "cocktail" that makes up a lethal injection, states are just as 
eager as they have been in the past to get a hold of the combo. Attempts to 
keep the lethal injection "recipe" secret hit a new height post-election, as an 
Ohio bill was introduced to hide who was supplying the drugs to the prison 
system. Ohio has been unable to execute those on death row since it had its own 
botched lethal injection at the beginning of the year, according to National 
Public Radio. Now, to move the process along and allow the state to get access 
to new drugs, a bill has been introduced in the state legislature that would 
both shield the public from being able to learn what company was supplying the 
drugs, but also override the requests of foreign countries who have asked that 
their drugs not be used in any form of executions.

Lawmakers proposing the bill also want it known that they believe it really 
doesn't matter how much a convicted murderer suffers during an execution, 
anyway, despite the fact that cruel and unusual punishment is forbidden by the 
constitution. "Frankly, what that man did to the lady that he murdered and 
raped and tortured," State Rep. Jim Buchy, a bill sponsor, told NPR, 
referencing the man who took 20 minutes to die during the state's last lethal 
injection execution. "He perpetrated more cruel and unusual punishment to his 
victim than the state ever did in a 20-minute execution."

In Utah, the state has come up with a novel way to avoid issues and controversy 
surrounding lethal injections. They want to bring back the firing squad.

Citing the inability to get lethal injection drugs from Europe, Utah's Law 
Enforcement and Criminal Justice Interim Committee has recommended firing squad 
be the new first line of possibilities for executions in the state. Rep. Paul 
Ray, R-Clearfield told the Salt Lake Tribune that a firing squad armed with 
rifles is, "absolutely one of the most humane ways to execute someone because 
it's so quick and, quite honestly, one of the most painless ways," adding that, 
"I'm sure there's some initial pain to it, but you don't see the struggling and 
the trying to breathe you see on any type of lethal injection. Even on the ones 
that are the lethal drug cocktail, you still see the gurgling and the fighting 
to breathe."

Should the bill become law, 30 days prior to an execution there would be a 
hearing to find out if a lethal injection drug was available and if the answer 
is no, then the firing squad would be designated as the way to proceed. The new 
rules would be a throwback to the time before 2004, where those who were to be 
executed were allowed to pic between firing squad and lethal injection.

Both bills have opponents, of course, and those primarily consist of those who 
recognize that the death penalty in any form is a cruel and unusual punishment. 
This is especially true when it is applied against those who cannot even 
reasonably understand what crime it was that they committed. In Texas, the 
state is just a week away from executing a man who is suffering from 
schizophrenia, and it has brushed off any concerns from those who say that the 
mentally incapacitated should never be put to death.

"[Scott] Panetti, whose schizophrenia has been documented for 30 years, cannot 
distinguish fact from delusion," writes Boer Deng and Dahlia Lithwick at Slate. 
"On Dec. 3, Texas plans to execute him. He believes he is being put to death 
because the state of Texas, in cahoots with the devil, wants to prevent him 
from preaching the Gospel."

"It is almost incomprehensible that Texas is about to go through with the 
execution," they add, "but the failures, feints, technicalities, and errors 
chronicled below have created a situation in which a man with 3 decades of 
profound mental illness will be sent to the death."

When our country has no remorse over executing a sick man, no qualms about the 
suffering a person could endure as his or her life is take from her by the 
hands of the government, and sees a handful of people with rifles as the most 
"humane" way of executing a criminal, there's little wonder we still legally 
grasp the death penalty as "justice."

(source: care2com)