[Deathpenalty] death penalty news----KY., TENN., OKLA., COLO., ARIZ., USA

[Rick Halperin]

Sept. 23



KENTUCKY:

Judge to grill Kentucky about execution drugs


Kentucky officials should be prepared to explain how and why they arrived at 
what drugs to use in a lethal injection and at what doses, a state judge said 
Monday, though he didn't decide how in-depth the explanation needed to be.

Franklin Circuit Judge Phillip Shepherd told attorneys during a hearing in 
Frankfort that lawyers for multiple condemned inmates have a "fair inquiry" 
about the policy decisions. Shepherd said an order would be forthcoming about 
how much information the state must divulge.

"The state should be able to provide the basis for what the rationale is," 
Shepherd said.

The issue is the latest in the decade-long battle over how Kentucky executes 
people and whether the current system passes constitutional muster and was 
properly adopted. But, it is also a complicated issue because, by law, doctors 
in Kentucky are not allowed to take part in executions or any part of the 
execution process. That left the decisions about how executions work up to 
lawyers reviewing what other states did in their lethal injection methods.

Shepherd halted all executions in the state in 2010 on the eve of a scheduled 
lethal injection. The judge raised concerns about how the state evaluates the 
mental status of condemned inmates. The lawsuit has since been expanded to look 
at the drugs Kentucky uses after problematic executions in other states.

Kentucky, which modeled its execution process on Ohio's, proposes to use 
compounded drugs and of using midazolam and hydromorphone. Arizona and Kentucky 
conduct the IV insertions behind a closed curtain and do not allow the public 
to see the process.

Attorneys for a group of death row inmates questioned how the state reached a 
decision to use those drugs and to inject them from the same syringe and 
needle. The question took on more importance after problematic executions in 
Oklahoma and Ohio, said public defender David Barron.

In January, Ohio inmate Dennis McGuire snorted and gasped for 26 minutes before 
dying. A few months later, Clayton Lockett died of an heart attack 43 minutes 
after his April execution began in Oklahoma, where officials have pointed to 
improper insertion of the needle delivering the drugs.

Assistant Attorney General Heather Fryman told Shepherd that because doctors 
cannot take part in drafting the execution process, lawyers handled the job, 
which may make the deliberations over the drugs protected by attorney-client 
privilege.

"Doctors don't provide information on the most painless way to kill people," 
Fryman said. "That just doesn't happen."

Shepherd, though, said Department of Corrections' officials had the final say 
about what to use and how much to use, so the state should be able to share the 
information.

"The client makes the call as to what the decision is," Shepherd said.

Kentucky is barred from executing any inmates under an injunction issued by 
Shepherd in 2010. In December, the judge opted to keep that injunction in 
place. Multiple death row inmates challenged Kentucky's use of 3 drugs to carry 
out a lethal injection. As a result, the state has switched to using 1 or 2 
drugs, but has not carried out an execution under the new policy.

Kentucky has executed 3 inmates since the reinstatement of the death penalty in 
1976, with the last one in 2008.

(source: Associated Press)






TENNESSEE:

Executions wrong direction for Tennessee


As the summer comes to a close and fall begins, I have become even more 
concerned about the string of executions Tennessee is planning over the next 
couple of years, beginning in October.

Why is Tennessee, a state that has only executed 6 people since 1960, moving in 
this direction? With public support of the death penalty at a 40-year low and 
with more and more voices speaking out against the death penalty, it seems that 
Tennessee is out of step. 18 states no longer have the death penalty, and 
states including Delaware and New Hampshire are getting closer to repeal. Even 
Colorado's governor recently stated that he now opposes the death penalty.

This growing support for repeal comes as those most impacted by this broken 
system are raising concerns. A growing number of victims' family members do not 
believe that the death penalty provides swift or sure justice, and in fact, 
keeps them stuck in a moment in time, not addressing their ongoing needs.

More and more individuals who were wrongfully convicted and spent years on 
death row are speaking out about the failures of the system that led to their 
incarceration and why the system cannot be trusted to get it right 100 % of the 
time. Correctional officers, wardens and prison commissioners are raising 
concerns about the stress and strain of executions on prison staff while more 
conservative voices describe a big-government, fiscally irresponsible program 
that is not in keeping with conservative values.

While some may say the death penalty is justified, I don't believe that we can 
enforce it justly, accurately or in a cost-effective way. And with the lack of 
transparency around the execution protocols, as well as the reintroduction of 
the electric chair as a mandated method of execution if lethal injection drugs 
become unavailable, how can any citizen trust that the upcoming executions 
scheduled in Tennessee won???t be tantamount to torture?

If you want to learn more about the diversity of voices raising concerns about 
the death penalty, please join us for a panel discussion on from 5 to 6:30 p.m. 
Sunday in the Parish Conference Center of St. Matthew Church in Franklin. The 
discussion will feature a short film about Tennessee's death penalty, "To Honor 
Life," and the panel will include Charles Strobel, founder of Room in the Inn 
whose mother was murdered in Nashville; Ndume Olatushani, who was wrongfully 
convicted and spent 20 years on death row; and Stacy Rector, Presbyterian 
minister and director of Tennesseans for Alternatives to the Death Penalty 
(TADP).

(source: Fran Rajotte is chairwoman of Caritas: Voices for Peace Life and 
Creation, a ministry of St. Matthew Church, and lay pastoral minister of the 
Diocese of Nashville----The Tennessean)






OKLAHOMA:

Legal 'quirk' prevented Terry Nichols' Oklahoma City bombing case 
appeal----Terry Nichols' former lead attorney disclosed in oral history for 
Oklahoma City Memorial & Museum why no appeal was filed on Nichols' murder 
conviction.


A quirk in the law kept Terry Nichols from appealing his murder conviction 
after his state trial over the Oklahoma City bombing, his former defense 
attorney has revealed.

If he had won his appeal, Nichols risked getting a death sentence after all at 
a retrial, the former defense attorney, Brian Hermanson, said in an oral 
history for the Oklahoma City National Memorial & Museum.

"The risk of asking for a new trial and litigating a new trial was huge," the 
attorney said. "We couldn't appeal because of those circumstances, which was an 
interesting quirk in the law."

Jurors at his 2004 state trial convicted Nichols of 161 counts of first-degree 
murder for the deaths of 160 civilians and the loss of an unborn girl. Jurors 
could not agree on whether Nichols should be sentenced to death for the 1995 
attack, and the trial ended because of the deadlock.

The majority favored death but jurors in criminal cases must be unanimous.

The judge in the state case sentenced Nichols to 161 consecutive sentences of 
life in prison without the possibility of parole. The judge could not impose 
the death penalty himself because of the jury deadlock.

"The jury hanging up put us in an interesting dilemma," said Hermanson, now 
district attorney of Kay and Noble County.

"If the jury had said death penalty, we would have appealed. If the jury would 
have said life without parole, we would have appealed," he said. "Because they 
hung up ... see, no one had said death was not appropriate ... the jury could 
have given him death on a retrial.

"We wrestled with that for quite a while to determine what's the right thing to 
do and finally felt that an appeal wouldn???t be appropriate," he said.

New wing at museum

Hermanson gave that explanation for the first time in an Aug. 16, 2012, 
interview for the museum. Excerpts from his interview and many others are part 
of a new museum wing that focuses on those involved in the bombing 
investigation and trials. The new wing opened last week.

Hermanson, of Ponca City, gave no explanation in August 2004 when he announced 
at a televised news conference that Nichols would not appeal.

"After careful consideration, Terry Nichols has decided not to file an appeal 
from the state convictions in order to immediately bring this case to a close," 
Hermanson said in the 25-second news conference in 2004. "As he said at his 
sentencing, Terry sincerely hopes that the final conclusion of this case will 
be the beginning of a long-awaited healing process for all those impacted by 
the bombing. Thank you."

The Oklahoman reported at the time that no appeal was likely since prosecutors 
could have sought the death penalty again if he had won a new trial.

In the 2012 interview, Hermanson described his feelings when the judge excused 
jurors because of the deadlock after they had deliberated 3 days.

"That was a huge weight - that had been sitting on us for a long time - lifted 
from us," he said.

The jury at Nichols' federal trial also deadlocked over the death penalty. That 
jury convicted him only of the bombing conspiracy and the involuntary 
manslaughter of 8 federal agents. He was acquitted of 2 bombing offenses.

His federal judge sentenced him in 1998 to life in prison without the 
possibility of release. He did appeal his federal conviction but lost.

Nichols was returned to a federal prison in Colorado after his 2004 state trial 
to serve his federal life sentence. He is now 59.

At both trials, his defense attorneys argued Nichols was not involved in the 
attack on the Oklahoma City federal building. They argued bomber Timothy 
McVeigh had help from others. Prosecutors insist no one else was involved.

After his 2nd trial, Nichols acknowledged to the FBI, his family, a congressman 
and others that he had helped build the truck bomb.

McVeigh, a former soldier who was angry at the federal government, was executed 
in 2001.

McVeigh drove the truck bomb from Kansas to Oklahoma City, fleeing to a getaway 
car after igniting the fuse. Nichols was in Kansas at the time of the 
explosion.

Hermanson in the 2012 interview described Nichols as a very shy person.

"Timothy McVeigh was the catalyst," Hermanson said. "But for Timothy McVeigh, I 
think Terry Nichols would be in Kansas farming right now. And I think perhaps 
the jury saw that and said, 'He needs to be put in jail for the rest of his 
life for what we think he did, but because of the circumstances, he does not 
have to have his life extinguished.'"

(soure: The Oklahoman)






COLOADO:

Aurora theater shooting judge struggles with courtroom cameras decision, delays 
ruling----Judge Carlos Samour said balancing Holmes right to a fair trial with 
the need for public access was tough. "There should be as much access as 
possible. But there has to be limits."


The judge presiding over the Aurora theater shooting trial said Monday that the 
soonest he would rule on whether to allow cameras during the mass murder trial 
would be Sept. 30.

Arapahoe County District Court Judge Carlos Samour was clearly struggling with 
requests from the media to allow one still and one television camera in the 
courtroom during the insanity trial of James Holmes.

Samour said balancing Holmes right to a fair trial with the need for public 
access was tough. "There should be as much access as possible. But there has to 
be limits."

Samour was skeptical about contentions from the prosecution and defense that 
expanded media coverage would result in unfair scrutiny of victims and 
witnesses. Whether there are cameras in court or only in the hallway and 
parking lot, Samour said everyone involved will likely be heavily photographed 
and scrutinized.

Holmes appeared in court today wearing jail garb and a scraggly-looking beard. 
For the 1st time in court, however, he was wearing fashionable, red-rimmed 
glasses. He sat in his chair and swiveled at times, staring at the floor during 
the hearing.

Holmes is accused of killing 12 and injuring dozens more in a July 2012 
shooting rampage at an Aurora movie theater. His trial is set to start in 
December and last well into 2015.

Holmes has pleaded not guilty by reason of insanity and prosecutors are seeking 
the death penalty.

(source: Aurora Sentinel)






ARIZONA:

Judge denies video, Arpaio denies interviews during Jodi Arias death penalty 
retrial


A judge has denied a request for video coverage during the Jodi Arias death 
penalty retrial.

In Judge Sherry Stephen's ruling, released Monday, video will only be allowed 
after the verdict.

The ruling was released Monday ahead of Arias' return to court for a hearing. 
The penalty phase retrial is scheduled to begin Sept. 29.

Stephens had taken a motion for less restrictive camera coverage into 
consideration a week ago.

A lone camera will be allowed inside the courtroom and tweeting will be 
allowed. Stephens had previously said she would not permit video to be 
broadcast until after the verdict.

A media lawyer had argued for 30 minutes of broadcast coverage at the end of 
each day of the penalty retrial.

In court documents, it was noted:

The Court is mindful of its obligation to allow public and media access to the 
trial. That access should not include live broadcast of the trial prior to a 
verdict for the reasons addressed in previous sealed proceedings. The public 
and media may attend the penalty phase trial each day. The media will be 
permitted to videotape the trial each day using their own equipment. The 
videotaped recordings may be played after a verdict has been reached. During 
the trial, Court policy allows the media to "tweet" from the courtroom. A still 
camera has been authorized to be in the courtroom during the trial. At the 
conclusion of the trial, the Court's FTR recordings will be available to the 
public following a public record request and payment of required fees. In the 
event there are insufficient seats in the courtroom, Maricopa County Superior 
Court Administration has authorized an overflow room for those who wish to view 
the trial.

The only visuals allowed on a daily basis will be still photography.

Maricopa County Sheriff Joe Arpaio announced Monday his department would not 
grant any media interview requests with Arias.

Arias was convicted of the 1st-degree murder of her ex-boyfriend Travis 
Alexander. He was killed in his Mesa home in 2008. Arias was found guilty in 
May 2013, on the jury's 4th day of deliberation but the jury couldn't reach a 
decision on sentencing.

(source: KTAR news)






USA:

Violence problem in United States


The criminal justice system in the United States has a violence problem. While 
the media has addressed the issue of wrongful execution, the process of 
supposedly rightful executions has gently puttered along - despite affronts to 
human decency.

The difficulties began in July 2013, when European drug companies stopped 
exporting drugs used in lethal injections to the United States. Without their 
tried-and-true formula, state executioners have resorted to insufficiently 
tested drugs to dispense what they believe to be justice.

The botched execution of Clayton Lockett in Oklahoma on April 29, then, was a 
gruesome reminder of why most of the Western world has abandoned the practice. 
The grisly timeline released by the Oklahoma Department of Corrections details 
Lockett's pained gasps and flickering consciousness during the procedure. The 
vein in which the technicians had placed the needle had collapsed, spilling 
drugs into his muscle tissue. Lockett died of a heart attack 40 minutes after 
the initial injection.

Such an incident, coupled with the apparent international disrepute for the 
death penalty, ought to have prompted some examination of the practice. Hardly 
3 months later, the execution of Joseph R. Wood III took nearly 2 hours to 
complete, during which he was reportedly gasping and snorting. Pharmacologists 
speculated that his body was fighting off the insufficiently dosed sedative he 
had been given.

At 7 %, lethal injection has the highest rate of failure among any means of 
execution used in the United States. Yet, it is considered more humane. It is 
much more pacifying, after all, to imagine a man going to sleep and never 
waking up than to imagine him swinging from a noose or convulsing in an 
electric chair.

Perhaps that is what all executions are about: creating the image of peace and 
to display to the public that societal ills are being addressed in the swiftest 
and most final of fashions. This is a similar drive for justice that resulted 
in the senseless deaths of too many young black men at the hands of law 
enforcement. Though other factors, namely racism and militarization of local 
police forces, have led to bloodshed, the realities of the death penalty and 
police brutality stem from the same culture of violence.

Most executions legitimate this cycle of violence. Botched executions, however, 
have an opposite effect, stirring public outrage and igniting overdue 
conversations. We must consider the flaws in our justice system that contribute 
to a climate that is accepting of brutality in the first place. Ending the 
death penalty would not fix our country's violence problem, but it would be an 
important 1st step in shifting the culture that allows it.

(source: Opinion; Richard Shu, New York University News)