[Deathpenalty] death penalty news----TEXAS, N.C., OHIO, MO., OKLA.

[Rick Halperin]

Sept. 8


TEXAS----impending execution

Texas' Death Drug: Not Regulated by FDA, but Still Safe?----Texas executes more 
people than any other state in the U.S., but its lethal injection drug remains 
shrouded in secrecy


Barring a last-minute reprieve, on Wednesday, Sept. 10, Willie Trottie will 
become the next person executed in the United States. According to the plan 
laid out by the Texas Department of Criminal Justice, a single dose of the 
powerful sedative pentobarbital will be injected into a vein in Trottie's arm, 
and he'll die around 6 minutes later.

That's if all goes to plan.

In a motion filed last week, Trottie's attorneys claim there's a risk their 
client will suffer excruciating pain on the gurney, in violation of the Eighth 
Amendment to the U.S. Constitution. At issue are concerns about the safety and 
source of the state's supply of pentobarbital, which Texas has used as its sole 
lethal injection drug since 2012. Perhaps incredibly, considering that it 
executes more people than any other state, Texas has largely escaped the 
scrutiny that has accompanied this year's botched executions.

The visceral, macabre stories from the death chamber have come mainly from 
Ohio, Arizona and Oklahoma, which utilize various cocktails of death drugs. 
Texas, by contrast, uses a single dose of pentobarbital, which most 
anesthesiologists agree in all likelihood causes a painless death. It is, after 
all, the same drug vets use to put animals to sleep, and the drug of choice for 
some advocates of euthanasia.

But some experts say this misses the point. Texas' supply of pentobarbital 
comes from a source that remains secret, so it's impossible to be sure of its 
efficacy. 2 years ago, when a Danish drug maker announced it would no longer 
supply the drug for use in U.S. executions, the state was forced to turn to a 
compounding pharmacy, all of which are unregulated by the FDA. And even these 
under-the-radar drug dispensaries are uncomfortable being associated with 
lethal injections. Last year, after an Associated Press report revealed that 
the Texas-based Woodlands Compounding Pharmacy provided pentobarbital to the 
state, the pharmacy asked for the drug back. The identity of Texas' current 
supplier remains unknown.

Last week, Maurie Levin, one of Trottie's attorneys, wrote in a motion seeking 
a temporary injunction that Trottie's efforts to find out about the drug 
intended to kill him "have been met with delay, resistance, and obfuscation," 
and what little information has been revealed is largely "meaningless." Take 
the most recent test results on the state's stocks of pentobarbital, which were 
provided to Trottie's attorneys last week. The attorneys wrote that the 
results, which were 4 months old, are misleading at best. For one thing, those 
drugs would be past their use date by the time of Trottie's execution. For 
another, the state didn't conduct crucial tests regarding the drug's safety.

The Texas Department of Criminal Justice, however, says its supply of 
pentobarbital has been adequately tested. In an email to Vocativ, Jason Clark, 
the department's public information director, says: "[The drugs] have a potency 
of 108 % and were found to have no defects. The pentobarbital is not expired 
and has a use by date of September 2014."

In 2009, stocks of the popular execution drug sedative sodium thiopental dried 
up in the U.S., and since then states have experimented with various 
alternatives. Texas began using pentobarbital as part of a cocktail of drugs, 
eventually deciding on a single dose of the drug in the summer of 2012. Since 
then, the drug has been used in 33 executions without complications, according 
to the Texas DCJ.

But Fordham law professor Deborah Denno, an expert on lethal injection, says 
you only have to go back to 2012 to find problems with pentobarbital on the 
executioner's table. That's when convicted murderer Eric Robert, who killed a 
prison guard in a failed escape attempt, was executed using compounded 
pentobarbital in South Dakota. "Witnesses said he gasped heavily and that his 
skin turned a purplish hue," Denno says. "Using a compounded drug is going to 
be accompanied by risk - as are all compounded drugs that any of us use on a 
daily basis, particularly one used in secrecy." Pentobarbital was also the 1st 
of 3 drugs administered to Michael Wilson during a botched execution in 
Oklahoma this January. Wilson's final words: "I feel my whole body burning."

In their appeals, various inmates in Texas have cited problems with 
pentobarbital to try to win a reprieve. But they're up against a state with a 
fearsome reputation for carrying out its ultimate punishment. And far as Texas 
is concerned, there are no issues with the drug.

In an article about lethal injection published in the Georgetown Law Journal 
earlier this year, Denno wrote, "As death-penalty states turn to increasingly 
non-traditional sources of drugs...they face overwhelming criticism and legal 
challenges. In response, they have intensified their efforts to obscure 
information regarding the development and implementation of their lethal 
injection protocols." Denno wrote that the procedures were surrounded by "risk 
and confusion," and the only constant appeared to be execution states' desire 
for secrecy. "Amidst the chaos of drug shortages, changing protocols, legal 
challenges, and botched executions, states are unwavering in their desire to 
conceal this disturbing reality from the public."

Willie Trottie was 23 when he was convicted of the murders of Barbara Canada 
and her brother, Titus. Trottie had been dating Canada, but the couple split 
up, and according to prosecutors, he threatened to kill her if she didn't 
return to him. One night he kicked in the door to her mother's house and shot 
her with a 9 mm pistol before turning his gun on her brother, Titus. In a 
letter he sent me in April, Trottie insisted he was innocent, writing that he 
"only shot in self defense after I was suddenly opened fire upon by [Canada's 
brother]." Trottie said he sustained five gunshot wounds, for which he was 
treated in a hospital, and his court-appointed attorney turned out to be an 
"adversary" and not an "advocate." He included 45 pages of court diagrams, 
photos and eyewitness accounts. But the courts disagreed, leaving the path to 
Trottie's execution clear.

If his current lawyers are unsuccessful, at around 6 p.m. on Sept. 10, Trottie, 
who is now 45 years old, will succumb to the lethal dose of pentobarbital 
coursing through his veins. If he's lucky, it'll be as painless as the state of 
Texas promises it is.

(source: vocativ.com)






NORTH CAROLINA:

Man accused of killing NC teacher could face death penalty----Sharman Howard 
Odom is a suspect in connection to the homicide of 31-year-old Maggie Daniels.


The man accused of sexually assaulting and killing a popular school counselor 
in Newton learned that he could face the death penalty in her murder Monday 
morning.

According to WSOC, Prosecutor Kyle Smith said the case was ruled a capital 
case, and if convicted, a post-trial hearing would determine life in prison of 
death for Sharman Odom.

Odom was led into the courtroom in shackles for the hearing which lasted less 
than 10 minutes. Prosecutors told the judge there were aggravating factors in 
the case which they believe makes it a death penalty case.

Sitting just feet away from Odom was Maggie Daniels' mother, who openly sobbed 
during the proceeding.

Prosecutors did not say what the aggravating factors were that made it a 
capital case but told the judge there are 2.

Investigators said Odom kidnapped and sexually assaulted Maggie Daniels before 
strangling her on June 27. Her body was discovered inside her home at the 
Windsor Apartments in Newton.

Daniels, 31, was a counselor at Discovery High School.

A grand jury indicted Odom on 1st-degree murder, 1st-degree sexual offense and 
1st-degree kidnapping in connection to the case on Aug. 18.

Search warrants released in August revealed that other neighbors said Odom was 
obsessed with Daniels. Officers arrested him 1 month after the crime, and said 
they found a "selfie" he took the day of the murder, showing marks and 
scratches on his face.

Timeline of Maggie Daniels case:

June 28: Maggie Daniels was found dead in her apartment.

July 7: A funeral was held for Maggie Daniels.

July 8: Surveillance photo of Maggie Daniels the day before she died was 
released.

July 16: Person of interest who was mentioned in one of Daniels' social media 
post was cleared.

July 26: Search warrants were executed for Daniels' apartment complex and 
cellphone records.

Aug. 2: Sharman Odom was arrested in Winston-Salem in connection to Daniels' 
homicide.

Aug. 4: Odom's mother attacks a Channel 9 reporter and photographer after her 
son's court appearance.

Aug. 18: A grand jury indicted Odom on 1st-degree murder, 1st-degree sexual 
offense and 1st-degree kidnapping.

Aug. 28: Unsealed search warrants reveal details of how Daniels was killed.

(source: Fox News)






OHIO:

5th man picked up in restaurant owner Jim Brennan's death gave statement to 
authorities about 'acquaintances,' prosecutor says; 4 men have been charged in 
the death of Cleveland Heights restaurant owner Jim Brennan. A 5th man, Dejonn 
Lamothe, is linked to the men who were charged and gave police a statement 
about them.


A few days after Jim Brennan was killed in his restaurant during a robbery, 
Cleveland Heights police announced that they had arrested 5 men in his slaying.

4 were indicted. The 5th, Dejonn Lamothe of Cleveland, gave police a statement 
on what he knew about the shooting and his links to the men, The Plain Dealer 
has learned.

Lamothe, 23, was not arrested in the slaying, but police did arrest him on an 
unrelated charge of carrying a concealed weapon the day after Brennan's death. 
Cleveland Heights police were seeking to interview him when they found him with 
a gun and picked him up.

He was indicted in July, and prosecutors and his defense attorney, Jaye 
Schlachet refuse to discuss the case that is pending before Cuyahoga County 
Common Pleas Judge Michael Astrab. They also would not discuss why Lamothe was 
never charged in Brennan's slaying.

Prosecutors also are expected to charge Lamothe again, records show. This time, 
a grand jury is expected to hear evidence of how he tried to break into the 
home of Newburgh Heights resident while police officers chased him Aug. 24.

Lamothe's situation becomes the latest twist in the shooting death of Brennan, 
who was robbed at his restaurant, Brennan's Colony, June 30. 2 sets of brothers 
- Darien and Brandon Jones, as well as Devonne and Paul Turner - have been 
accused of charges related to Brennan's death. They have pleaded not guilty.

Attorneys in the case have identified Darien Jones, a 21-year-old from Garfield 
Heights, as the man who shot Brennan. The Joneses, as well as Devonne Turner, 
are each charged with aggravated murder, murder, kidnapping, aggravated 
robbery, aggravated burglary and felonious assault. Each is being held on $1 
million bond.

Devonne Turner also was accused of receiving stolen property and illegally 
possessing a weapon while a convicted felon. His brother, Paul, was charged 
with obstructing justice, tampering with evidence and illegally possessing a 
weapon while a convicted felon. Paul Turner is being held on $500,000 bond.

While authorities would not discuss Lamothe's statement, it is clear that he 
knew the men.

Blaise Thomas, an assistant Cuyahoga County prosecutor, brought up Lamothe to 
Common Pleas Judge Maureen Clancy during a hearing last week. He told Clancy 
that Lamothe was "an acquaintance'' of the men and that he gave a statement to 
authorities.

Thomas said he provided the statement to defense attorneys. After the hearing 
in Clancy's courtroom, Thomas would not discuss Lamothe's statement or why the 
Cleveland man was originally questioned in Brennan's death.

Lamothe's name was included in documents Thomas filed in July involving DNA 
testing. The document lists unspecified evidence submitted to the Ohio Bureau 
of Criminal Investigation that was taken from the Turners, the Joneses, 2 women 
and Lamothe. The women are believed to be girlfriends of the men.

On June 30, Brennan's restaurant was closed, but he was there prepping for the 
week. A woman walking by the restaurant called 9-1-1 when she heard 3 gunshots 
and saw 2 men running from the bar.

The next day, Cleveland Heights police searched for Lamothe to interview him. 
Police arrested him on Rockside Road and accused him of carrying a concealed 
weapon.

He was indicted on the gun charge and later released on a $5,000 bond. A trial 
date has not been set.

About 3 weeks later, he was arrested again.

On Aug. 24, a Newburgh Heights officer attempted to stop a car Lamothe was 
driving while on Harvard Avenue. But Lamothe bolted from the car and ran from 
officers, a court report shows. He sped to a nearby home and attempted to break 
in.

When the homeowner appeared, Lamothe said he needed to use the phone, the court 
report shows. The homeowner refused, and Lamothe ran again. He was later 
arrested.

A panel of the prosecutor's office is expected to meet next week on whether to 
file death-penalty charges in Brennan's slaying. The panel would make a 
recommendation to Prosecutor Timothy McGinty, who would decide on whether to 
file the charges.

(source: Cleveland.com)






MISSOURI----impending execution

Missouri Plans Execution Wednesday


2 of the nation's most active death penalty states are planning executions on 
Wednesday, as attorneys for the inmates continue efforts to save them.

Earl Ringo Jr. is scheduled to die at 12:01 a.m. Wednesday in Missouri for 
killing two people during a robbery at a Columbia, Missouri, restaurant in 
1998. Hours later, Texas plans to execute Willie Trottie for fatally shooting 
his common-law wife and her brother in Houston in 1993.

The executions would be the 8th this year in each state. Florida also has 
performed 7 executions in 2014. All other states have combined for 6 
executions.

A court appeal on Ringo's behalf raised concerns about Missouri's use of a 
pre-execution sedative and what impact it has on the execution. Trottie's 
lawyers said he had inadequate legal representation at trial.

(source: Associated Press)






OKLAHOMA:

Department of Corrections officials discuss recommendations after execution 
investigation


Officials with the Oklahoma Department of Corrections spoke about 
recommendations that have been created following the death of Clayton Lockett.

The agency says it is prepared to be in compliance with all the recommendations 
by the November execution of Charles Warner.

When asked why officials said Lockett died after a vein collapsed, authorities 
say they were simply trying to release information that they believed was 
correct.

"I was incorrect that night," said Robert Patton, the director of the Oklahoma 
Department of Corrections.

Patton went on to say that he does not feel that Lockett's execution was 
botched, saying his cause of death was by judicial execution.

Authorities say they are updating the execution room to "modernize it," and are 
working to have the appropriate level of staff during future executions.

Some of those upgrades include new communication devices inside the execution 
chamber so government officials can know what is happening immediately as it 
occurs.

When asked whether the drug cocktail used during Lockett's execution will be 
changed, officials say the drugs are part of a pending lawsuit and they cannot 
comment on litigation at this time.

The placement of the curtain is also a key point in the lawsuit.

Officials say they are working to adopt all but one of the recommendations.

The one recommendation that will not be followed is that executions will be no 
closer than a week a part.

However, Patton says he does not set execution dates.

Patton says they are also working to purchase a vein-finder, which will help 
medical professionals find a vein to insert the IV.

He says he is "extremely confident" the new protocols will have a positive 
effect on executions in the State of Oklahoma.

(source: KFOR news)