[Deathpenalty] death penalty news----ALA., OHIO, MICH., USA

[Rick Halperin]

Sept. 12




ALABAMA:

Alabama adopts new death penalty protocol----Governor's office says DOC "ready 
to carry out execution orders"


The state said in filings with the Alabama Supreme Court Thursday that it has 
established a new death penalty protocol, using a new sequence of drugs.

Executions were put on hold earlier this year after the state acknowledged it 
had run out of pentobarbitol, a sedative used in the execution process. In 9 
separate filings seeking to set execution dates, the Attorney General's Office 
said the Alabama Department of Corrections adopted a new protocol for 
executions on Wednesday, modeled on Florida's procedures.

Under the new protocol, the condemned would first be administered 500 
milligrams of midazolam hydrochloride, a sedative; 600 milligrams of rocuronium 
bromide, a paralyzing drugs and then 240 "milliequivalents" of potassium 
chloride, to stop the heart.

It is not clear where the supplies of the drugs came from, or how much the 
state has on hand. Kristi Gates, a spokeswoman for the Alabama Department of 
Corrections, directed questions to the Attorney General's Office. The AG's 
Office Friday said it had no comment on the filings. Jennifer Ardis, a 
spokeswoman for Gov. Robert Bentley, said in a statement Friday that the 
governor supported the new procedure.

"The Department of Corrections is ready to carry out execution orders once set 
by the Alabama Supreme Court," the statement said. "The Governor is confident 
the protocol does not violate the 8th Amendment."

In its filing, the attorney general's office said that both the Florida Supreme 
Court and the 11th Circuit Court of Appeals had upheld Florida's use of the 
drug protocol.

"In conclusion, this Court should follow the well-reasoned holdings of the 
Florida Supreme Court and the Eleventh Circuit Court of Appeals and set an 
execution date for Arthur," the filing said.

Florida has executed seven men under the protocol this year, with no reported 
complications. However, midazolam hydrochloride, often used as an anesthetic, 
has been present during botched executions in other parts of the country, 
though its role in the complications that arose is not clear. In January, the 
drug was used in the execution of Dennis McGuire, an Ohio man who raped and 
murdered a pregnant woman in 1989. The execution took 26 minutes, and a 
reporter who witnessed the execution said McGuire appeared to be gasping and 
choking throughout it.

In April, Oklahoma's execution of Clayton Lockett, who beat and murdered a 
19-year-old in 1999 made headlines after Lockett reportedly appeared to wake up 
after being declared unconscious and after the 2nd and 3rd drugs had been 
administered. The execution took 43 minutes. Midazolam was used in that 
execution, though Oklahoma officials say an improper IV hook-up was to blame. 
Oklahoma used 100 milligram of midazolam in the execution, or about 1/5 of the 
amount Alabama plans to employ.

In July, Arizona officials administered a the drug protocol which included 
midazolam to convicted murderer Joseph Wood 15 times. The execution took 2 
hours, and a reporter who witnessed the execution said Wood gasped at least 640 
times before being pronounced dead.

"The common denominator in all 3 of those things this year was midazolam," said 
Richard Dieter, executive director of the Death Penalty Information Center, 
which opposes capital punishment. "They didn't all use the same 2nd and 3rd 
drugs."

For years, Alabama used sodium thiapentol as the sedative in its execution 
protocol. Hospira, the company that manufactured the drug, stopped making the 
drug in the United States in 2011. Alabama adopted pentobarbitol in its place; 
the state said earlier this year it had run out of the drug.

Thomas Arthur, convicted in 1982 in a murder-for-hire scheme, sued in federal 
court to stop his execution, arguing the pentobarbitol protocol would take too 
long to render him unconscious before the fatal drugs were administered. In its 
filings with the Alabama Supreme Court, the attorney general's office said that 
challenge should not stop justices from setting an execution date for Arthur, 
saying the lawsuit "has no relation to the State's lawful criminal judgment."

A message left with Suhana Han, an attorney representing Arthur, was not 
immediately returned Friday.

The Advertiser, The Anniston Star and the Associated Press last spring filed 
separate Freedom of Information Act requests with the Department of Corrections 
for information on drugs and death penalty procedures. DOC turned down the 
requests, citing the ongoing Arthur litigation.

(source: Montgomery Advertiser)






OHIO:

Amond J. Rainey could face death penalty if convicted of killing 2-year-old 
Josiya Eves


A man accused of killing his girlfriend's 2-year-old son could receive the 
death penalty if convicted.

Hamilton County Prosecutor Joseph T. Deters announced Friday the indictment of 
Colerain Township resident Amond J. Rainey, 27, in the Aug. 27 death Josiya 
Eves.

Rainey is charged with one count of aggravated murder and an additional count 
of murder. If convicted of aggravated murder, he faces the death penalty.

"Another babysitting boyfriend murders an innocent child," Deters wrote in a 
release about the capital indictment.

"It is impossible to understand how anyone could treat another person like this 
much less an innocent baby. These cases are the most heart breaking cases that 
we see and everyone should be outraged by this type of behavior."

The prosecution contends Rainey was watching the toddler at his girlfriend's 
Cumminsville residence on Aug. 25 while his girlfriend was at work.

About 12:30 p.m. Rainey called 911 asking for information "about the medical 
significance of one pupil being bigger than the other."

"Before he could get any medical advice from 911, he hung up," Deters wrote in 
the release. "At approximately 12:49 p.m., Rainey takes the child to Cincinnati 
Children's Hospital Emergency Room and reports that the child is having 
difficulty breathing."

Eves received treatment at the medical center for 3 separate skull fractures, 
brain swelling, retinal hemorrhages, a lacerated liver and multiple bruises, 
according to the prosecutor's office. The child died 2 days later on Aug. 27.

Rainey contends the boy fell down the stairs, calling the situation an 
accident. But Hamilton County Coroner ruled Josiya's death a homicide, saying 
the boy died as a result of "multiple head trauma with associated brain injury 
and a lacerated liver."

Rainey is being held on $1 million bond after being arrested last week.

(source: WCPO news)






MICHIGAN:

Death penalty is justice for victims' families


Responding to James Randall's letter on the death penalty.

The guillotine suggestion was a response to the people that complained about 
the current method. They said recently it took someone 45 minutes to die, 
causing suffering to the murderer.

I simply suggested that this is quick and painless and no one needs to wear a 
mask if it is a legal form of capital punishment. You also referred to the dark 
ages. When it comes to murder we are living in the "dark ages" with Detroit, 
Flint and Chicago having the highest murder rates in the United States.

James states that 15 years on death row cost taxpayers money. I agree. Capital 
punishment will save a lot of money. As far as a deterrent is considered, there 
are studies on both sides. Should you request the research regarding the death 
penalty as a deterrent, I will be happy to provide that to you.

The saddest part of premeditated murder, (a capital crime), is that the victims 
and their families are soon forgotten but the murderers receive all the tears 
and whining from those who know nothing of the victim's horrible death.

You suggest I should not quit my day job. Let me give you my background to 
explain my reasoning on this:

For over 20 years I was employed as a circuit court probation agent and 
assigned to many of Battle Creek's 1st degree murder cases. I saw first hand 
the horrors of what some people have done and the suffering of the families.

I have never felt sympathy for anyone who plans and carries out a 1st degree 
murder, but I do have sympathy for the victims and their families.

I suspect that they would be in favor of capital punishment for the person who 
killed their loved one.

Edward O'Dowd----Marshall

(source: Battle Creek Enquirer)






USA:

Capital Punishment And Our Character


About a week ago, Henry McCollum walked out of a prison where he had been on 
death row for 30 years. DNA evidence showed him to be innocent of the crime for 
which he had been convicted. Also recently, botched executions in Arizona, 
Ohio, and Oklahoma made headlines as prisoners experienced torturous deaths.

Such cases have prompted renewed debate about the morality of the death 
penalty. While opinion polls show a majority of Americans still backing it for 
at least some crimes, that support has been slipping over the past 10 years, 
down now to about 60 %. While people take stands on the issue for differing 
reasons, it is especially important for us to recognize what abolishing the 
death penalty conveys about our moral character as a society.

Ethical debate on the issue typically engages a familiar set of questions. Does 
the death penalty actually deter people from committing murder? Does it cost 
more or less than life in prison? Do errors in conviction and the 
irreversibility of death entail that it should be abolished? Does the fact that 
it is disproportionately used against African-Americans mean that it is unjust? 
Is it fair or unfair?

For the most part, those on opposing sides of the issue have traditionally 
invoked contradictory answers to those questions. Some facts, however, are 
becoming clearer and less deniable. Colorado Governor John Hickenlooper, for 
example, became an opponent after seeing conclusive studies indicating that it 
is far more expensive to convict and hold a prisoner on death row. Use of DNA 
evidence to exonerate death row prisoners also increasingly highlights the 
errors and injustice embedded within the criminal justice system, including and 
especially how it reflects racism.

It is also no longer the case that conservatives and liberals split on the 
issue as evenly as they used to. One prominent group, called Conservatives 
Concerned about the Death Penalty has roots in Montana. Its website states that 
"Together, we are questioning a system marked by inefficiency, inequity, and 
inaccuracy." Some of them also, in their words, "don't believe that small 
government and the death penalty go together."

The choice of words is striking here. Inefficiency, inaccuracy, and mistrust of 
government, while important, seem to be terms reflective more of political 
philosophy than the more fundamental moral commitments to how we treat each 
other as human beings. The latter, I believe, is most crucial to recognize.

True respect for the dignity of human life - a value also affirmed by 
conservatives - should not draw lines that exclude even the worst offenders 
among us from the human community. Denying the humanity of another has been the 
mark of societies that find ways to discriminate against, demonize, torture, 
and kill others who by their actions, race, religion, or other features are 
considered outsiders. Too often, innocent lives are taken - whether in warfare 
or in capital punishment - while both judges and the accused are dehumanized in 
the process.

To those who argue that capital punishment actually affirms the value of life 
and our moral order, I would agree with philosopher Stephen Nathanson who 
argues that all of the death penalty's problems accomplish quite the contrary. 
Instead, he believes that abolishing it affirms "our belief in the inalienable, 
unforfeitable core of human dignity."

While the preponderance of difficulties with capital punishment - reflected by 
recent headlines - may push it closer to its demise, we should not ignore or 
underestimate both the practical and symbolic significance of abolishing it. 
Doing so would be one remarkable step of limiting violence and vengeance. It 
would be a remarkable acknowledgement of the fallibility and racism that so 
often has led to the wrongful conviction of men like McCullum. And just as 
important, it would be a remarkable expression through our laws of how respect 
for human life and dignity is central to our national moral character.

Our society glorifies violence, enables it among people in so many ways, and 
degrades human dignity much too readily. Ending capital punishment would be a 
significant expression of our collective belief that respect for human life is 
greater when it is not taken, even from those who have not shown such respect 
themselves.

(source: This is Mark Hanson, guest commentator for the Mansfield Program in 
Ethics and Public Affairs at the University of Montana; Montana Public Radio)