[Deathpenalty] death penalty news----PENN., ILL., TENN., MO., MONT., ARIZ., USA

[Rick Halperin]

Feb. 19



PENNSYLVANIA:

Dealing out death in Pennsylvania----It is not a punishment humans are equipped 
to administer



Last week, Gov. Tom Wolf announced he would stop all executions in 
Pennsylvania, citing deep concerns about errors and biases inherent in the 
system.

Studies consistently show that the race of the victim, the county where a crime 
is committed and access to financial resources often determine who will get the 
death penalty more than the severity of the crime. As death penalty lawyer 
Bryan Stevenson, founder of Equal Justice Initiative, has said: "When it comes 
to the death penalty, you are better off being guilty and rich than poor and 
innocent."

Despite having one of the largest death rows in the country - with 186 inmates 
- Pennsylvania has been losing steam when it comes to actually executing 
people. We've had only 3 executions since the reinstatement of the death 
penalty in 1976, and the last execution was in 1999. It seems like death is on 
its last leg - and not just in the commonwealth.

Maryland's governor, Martin O'Malley, signed a bill to abolish the death 
penalty in his state in 2013. New Jersey abolished it in 2007. In fact, for the 
1st time in decades, a majority of states have abandoned the death penalty in 
law or in practice.

In 2014, just 7 states carried out executions - 3 of which accounted for 80 % 
of them (Texas, Missouri and Florida). Last year, death sentences in the United 
States hit a 40-year low, and executions were at a 20-year low.

Recent polls show that for the 1st time in decades a majority of Americans 
prefer life in prison over the death penalty. And this is even more pronounced 
among young people - including young people of faith, who are deeply troubled 
that 85 % of executions take place in the Bible Belt.

There are many reasons the death penalty is on life support. There have been 
several botched executions recently, such as that of Clayton Lockett in 
Oklahoma. Lockett writhed in pain for 43 minutes before dying of a heart 
attack. The prison warden called it "a bloody mess."

Then there are the exonerations. Ricky Jackson was released last year after 
spending 39 years in prison in Ohio for a crime he didn't commit. Mr. Jackson 
was convicted solely on the testimony of a 12-year-old boy who later recanted. 
We now have 150 of these stories, 6 of them from Pennsylvania. That means for 
every 9 executions carried out in the United States, 1 person has been found to 
be innocent. What if an airline crashed 1 out of every 10 flights?

Victims' groups, such as Journey of Hope, Murder Victims' Families for 
Reconciliation and the Forgiveness Project, are gaining traction as they insist 
that capital punishment creates a new set of victims and perpetuates violence 
instead of healing. As you listen to them, you can't help but be convinced that 
we can do better than killing to show that killing is wrong.

Several states are on the brink of total abolition - Montana, Nebraska and 
Kansas among them. In many states, political conservatives concerned about the 
high cost of the death penalty are leading the way, pointing out that all the 
money wasted on the death penalty could be better used to support victims, 
prevent crime and repair broken schools and families.

Pennsylvania - home of the original U.S. Capitol and Gettysburg and 
Independence Hall - holds an important place in American history on this issue. 
That is because the commonwealth was founded by Quakers, who had denounced 
slavery in 1688, nearly 200 years before it was brought to an end.

I can't help but think old William Penn was smiling down on us as Mr. Wolf made 
his announcement last week. Penn was a pacifist and a Quaker with serious 
reservations about the death penalty. His Quaker heritage held that every human 
being carries the essence of God, and that no one should ever take the life of 
another, not even the state.

Pope Francis, a similarly vocal critic of the death penalty, is coming to 
Philadelphia this year. Mr. Wolf's latest action will give him 1 more thing to 
celebrate as he visits the City of Brotherly Love in September.

(source: Commentary; Shane Claiborne, founder of The Simple Way, a Christian 
organization in Philadelphia, is an activist and author----Pittsburgh 
Post-Gazette)








ILLINOIS:

The Last Execution by Electric Chair in Chicago



February 18, 2015, was the 270th anniversary of Italian Physicist Alessandro 
Volta. Volta is credited with inventing the 1st chemical battery and actually 
separated and identified the odorless gas, methane. You can probably deduce by 
his name that the term to describe electric potential (the volt) is named in 
his honor. Actually, since he also discovered methane, we should also probably 
be saying, "Oops! I volted!" after consuming too many beans or onions but I 
digress.

Not fully understanding how my mind works the thought of Alessandro Volta lead 
me to the thought of electricity which ultimately led me to the electric chair 
which led me to wonder who the last person was who was executed by electric 
chair in Illinois. That brought me back to June 16, 1956.

On that day, Detective John J. Blyth Sr. and his partner, Detective Daniel 
Rolewicz, of the Stockyards Station were on duty for less than an hour when 
they heard shots ring out near the New Mount Baptist Church at 223 W. 47th St. 
They rushed to investigate and got into a foot pursuit with James E. Dukes.

Prior to the officers' arrival, Dukes, 31, had gotten into a heated argument 
and started beating his 16 year old girlfriend, Lorretta Green. A deacon of the 
church, Charles Leggons, 49, and head usher, Thomas J. Sylvester, 23, exited 
the Church to assist Ms. Green.

As Sylvester and Leggons emerged from the Church, Dukes pulled a 9mm automatic 
pistol from the purse of Green who ironically was carrying it for Dukes. Dukes 
screamed, "I'll kill you all!"

Dukes fired 3 shots at the men striking Sylvester in the chest and Leggett in 
the right leg. Both men survived.

Detective Rolewitz and Blyth gave chase and Dukes fired 3 shots at Rolewicz 
from a range of three feet and missed. As Blyth rounded the corner of the 
alley, Dukes shot him in the chest. Rolewicz went to comfort his partner until 
the ambulance arrived and Blyth told his partner, "I'm going to die." They 
prayed until Blyth lost consciousness. He was pronounced dead at Evangelical 
Hospital.

Later that same day, Dukes (alias Jesse Welch) was found hiding under an 
automobile at 4802 Wentworth Ave with a bullet wound in his forearm and 
shoulder.

Detective John J. Blyth Sr.'s end of watch was June 16, 1956. He was 40 years 
old and a 17 year veteran of the Chicago Police Department. He was the 3rd 
generation of law enforcement in his family and his Badge # 1395 (the same as 
his father's) was retired that same year. He left behind a wife as well as 2 
sons and 2 daughters. He was laid to rest at Holy Sepulchre Cemetery.

Meanwhile James Dukes was tried twice and convicted twice of the murder of 
Detective Blyth as well as the shooting of Sylvester and Leggons. He was 
sentenced on August 16, 1956 to die by electrocution in Cook County's electric 
chair.

Duke's home on "The Wing", as death row was called at the Cook County Jail, was 
the maximum security wing in the basement of the Cook County Jail where inmates 
were in 7 foot by 4 foot cells for 21 hours of the day. The electric chair was 
down the hall in the same level.

After many appeals and legal maneuvering, Dukes was led out of his cell at 7 
minutes after midnight on August 24, 1962. Dukes had converted to Catholicism 
while incarcerated and asked that his body be buried in consecrated ground. He 
had refused his last meal and left written messages to his family. He left a 
copy of Plato's "Apology" as a statement to the press. It read, "The hour of 
departure has arrived and we go our ways, I to die and you to live. Which is 
better God only knows."

Dukes was pronounced dead at 12:10am by 3 doctors including the Cook County 
Coroner and was, ironically, buried in the same cemetery as Detective Blyth.

Dukes was the last execution in the County and the State of Illinois for 27 
years. When executions resumed in 1990 the means was changed to lethal 
injection.

Currently there is no death penalty in the State of Illinois.

(source: Chicagonow.com)








TENNESSEE:

TN Supreme Court to hear challenge of electric chair law



The Tennessee Supreme Court has agreed to hear a legal challenge over a law 
allowing the state to electrocute death row prisoners if lethal injection drugs 
are unavailable.

The challenge is part of a lawsuit filed by 34 death row inmates over 
Tennessee's death penalty protocols - both lethal injection and electrocution. 
The state wants the court to dismiss the challenge to electrocution protocols 
because none of the inmates are currently scheduled to die by electrocution.

The new electrocution law was meant to jumpstart the state's stalled execution 
process, but it opened the door to new legal challenges.

The hearing is scheduled for May 6 in Knoxville.

The high court also is considering whether the state must release the 
identities of the people who carry out executions.

(source: Times Free Press)








MISSOURI:

Family of Jill Frey wants death penalty reformed, will help seek justice for 
others



The family of Jill Frey fought 25 years to see that her killer was brought to 
justice. On Wednesday of last week, it finally happened. The state of Missouri 
executed Walter Timothy Storey.

Storey brutally murdered 36-year-old special education teacher and Highland 
native in February 1990 in St. Charles, Mo.

Storey, 47, was sentenced to death 3 separate times in the case, but botched 
legal proceedings and fight over the drugs Missouri uses for lethal injections 
kept the proceedings going, year after year.

"Unfortunately, too many families are involved in fighting for the rights of 
the victim when it seems the justice system and political landscape protects 
the people who commit these brutal crimes against innocent people," Jeff Frey, 
Jill's brother, said in an email on Monday.

Jeff Frey said the execution brought closure for his family, but it could not 
give them what they really wanted.

"Nothing will ever bring Jill back," he said.

According to prison officials, Storey released this final statement: "For this 
world full of anger, hate and revenge, I would like to pray for peace, 
forgiveness and love! I love everyone, even those who are doing this deed."

He also mouthed what appeared to be "I love you" to witnesses before his drew 
his final breath.

But Jeff Frey said Storey's final statements rang hollow.

"His comments just before the execution were that he wanted to forgive us and 
the people carrying out the execution. Not once in 25 years did he ever reach 
out to our family to ask for forgiveness or offer his remorse or apology for 
his unspeakable actions that dreadful night," he said.

While the case is now over, Jeff Frey said his family will continue to push for 
the rights of other victims and their families.

"We are hoping to help others, just as Jill would have wanted," he said.

Frey family statement

The night of the execution of Walter Timothy Storey, Jeff Frey, brother of Jill 
Frey, gave a statement on behalf of the family. A video of the statement can be 
seen on the website www.missourinet.com (search for "Jill Frey"). The following 
is that statement in its entirety.

First of all, we would like to thank the tireless efforts of the law 
enforcement officers, Richard Plummer, Michael Miller and Joe Dresselhaus, 
along with victims advocate Brenda Porter, who was our family's and especially 
our mother's steady support through the years, and Kimberly Evans, the Victim 
Services coordinator for (the) Missouri Department of Corrections, who has 
offered all her time and support preparing for today.

Also, to Gov. Nixon and Attorney General Koster for staying the course, 
upholding and fighting for victim's rights, and supporting the people's choice 
for the death penalty

My attempt to give a brief statement about this event and the past 25 years can 
never explain the overall effect this senseless and brutal murder has had on so 
many people. Jill was a tremendous person, daughter, sister, aunt, godmother, 
cousin, teacher and friend.

To go back 25 years (almost to the day) when we received the tragic news, to 
what has taken us through three trials over the next 10 years, then waiting 
another 15 years for the courts to set an execution date has needless to say 
had an undeniable impact on Jill's family and friends.

Over this period of time, several of our family members have passed away 
including both our mother and father. From the outset, this tragedy took its 
toll on our father. He passed away shortly after the 3rd trial, and 
unfortunately, his quality of life went from bad to worse beginning that 
dreadful day of Feb. 5, 1990, when he lost his oldest daughter. Our mother 
passed away in 2011 - 6 months after we finally received the news that the U.S. 
Supreme Court denied his final appeal.

Mom and Dad's (lives), for the most part, reverted to following every step of 
the case hoping to find closure to this sad and devastating ordeal. Mom 
compiled over 10 binders, which stacked 3-feet tall of everything related to 
the 3 trials, countless appeals, hearings and opinions, etc. After Dad's death, 
Mom devoted the rest of her life to seeing this through. She was always fearful 
this animal would be freed to kill another innocent woman.

Just to give you a rundown of what our family had to endure over the past 25 
years:

1. Feb. 5, 1990 ... The tragic news

2. 1991 ... Initial trial ... Convicted of 1st-degree murder and armed criminal 
action, 2nd-degree burglary and tampering with evidence ... Sentenced to death.

3. 1995 ... Missouri Supreme Court affirmed the convictions but reversed and 
remanded the death penalty sentence due to ineffective counsel.

4. 1997... 2nd jury trial and again the sentence was the death penalty.

5. Missouri Supreme Court again reversed and remanded the death sentence 
because the trial judge failed to properly instruct the jury.

6. 1999 ... 3rd jury trial again recommended the death sentence.

7. 2000 ... Our father passes away after 10 years of pain and suffering.

8. 2001 ... Mo. Supreme Court affirmed the death penalty.

9. 2010 ... U.S. 8th District Court rejected all appeals.

10. 2011 ... Finally! The U.S. Supreme Court denied all appeals.

11. 2011 ... 6 months later, our mother passed away without achieving her goal 
of seeing this through.

12. 2015 ... Feb.11 - the time has come and now passed.

13. Jill was buried on Feb. 9, 1990 - 25 years and 2 days ago.

We know Jill, Mom, Dad, and all of our family and friends are relieved that 
this is finally over and justice has been served. Unfortunately, we have had to 
endure and suffer through all the countless delays and re-trials when there was 
absolutely no doubt that 2 days after this brutal murder took place they had 
the right guy - a guy that we can truly call a terrorist.

It is sad that the courts play politics and protect murderers when surveys show 
that from 60-70 % of Americans support the death penalty. But the system 
allowed this terrorist to beat it for 25 years. It is sad all the lawsuits and 
dollars wasted over the drugs used in carrying out these executions.

The people of the state of Missouri, like the majority of states, have voted 
for the death penalty. So, why are we arguing over what is cruel and unusual 
punishment - of a murderer, of a terrorist? Why do we continue to allow the 
argument about the secretive process of obtaining and using lethal injection 
drugs?

Is it because this process might cause a brutal murderer to suffer a painful 
death? What is a painful death? What is cruel and unusual punishment? Is it a 
twitch of a finger? Is it a squinting of an eyelid? Is it a curling of a savage 
killer's toes, or maybe violent tremors of the body for several minutes?

Or is cruel and unusual punishment when a man breaks into a woman's home in the 
middle of the night while she is in bed, proceeds to brutally beat and assault 
her, break 6 ribs, hit her in the face and head 12 times suffering injuries to 
her forehead, nose, cheek, scalp, lips, tongue and even her eyelid torn off?

She had defensive wounds to her arms and hands, abrasions to her knee, a 6-inch 
stab wound to the abdomen, and 4 internal impact injuries to her head all 
before she lost consciousness!

What is cruel and unusual punishment? Is it a minimum of 20 blows to Jill's 
body before cutting her throat to her spine? Jill died of blood loss and 
asphyxiation from not 1 but 2 6-inch cuts across her throat, cutting through 
both of her jugular veins, her airway, her esophagus and into her spine.

If not enough, he then threw her off the bed and stomped on her so hard it 
broke her shoulder blade. Along with all of the evidence, blood, finger prints, 
etc. - a deep shoeprint stamped into Jill's night shirt and back. The shoes 
were found under his bed.

What is cruel and unusual punishment? Is it a little sting that we get when the 
IV needle goes in the arm or the burning sensation when the drug is flowing 
into the veins? Or is it going back into the victim's apartment the next day, 
trying to wipe everything down of all fingerprints, and even using her own 
toothbrush to clean under her fingernails because while struggling for her life 
Jill took fingernails full of skin from his chest.

What is cruel and unusual punishment? We just witnessed a terrorist close his 
eyes and go to sleep! Now, let's remember the kind of death Jill experienced.

This guy had choices many times through that dreadful night. He could have 
stolen the keys, the money and left. But, to have a knife with him and do what 
he decided to do, he has now paid the price for those choices. Everyone makes 
decisions in their life and unfortunately that night his choice was to end 
Jill's life in the most brutal fashion. Why are we so concerned about cruel and 
unusual punishment when executing a brutal murderer? This guy had no mercy on 
Jill, but now we are expected to have mercy on him.

Jill did not deserve this brutal attack. She made all the right choices in her 
short life of 36 years. She dedicated her life to special needs children and 
their families. Her goal was to mainstream special needs children into a 
regular classroom. She always volunteered for Easter Seals camps, Special 
Olympics and several other related organizations.

Jill has a memorial scholarship in her honor presented every year to a senior 
at Highland High School in Highland, Ill. A memorial garden was built at United 
Services in St Charles, Mo., where Jill was teaching before her death. An 
annual memorial leadership award is presented to a Special Olympic athlete in 
her name. Jill also received several awards while living her dream and applying 
herself to the fullest in her profession. One that meant much to her was being 
named the "Outstanding Young Educator" by the Illinois Jaycees.

But most of all, she was a loving, caring, and giving person and everyone she 
came in touch with became a better person having known her. Jill, we are so 
proud of you and your love and dedication to everything and everyone you 
believed in!

To say Jill was a special person is an understatement. Having Jill taken from 
us not only affected her family and friends lives but all the special needs 
children that she taught and loved, all the children she could have taught and 
been enriched by her love. Her never-ending desire was to give of herself 
always. This world lost a very special and beautiful person.

So, the execution brings a sense of closure to a part of this unspeakable 
tragedy in our lives. It will not bring Jill back, nor will it ever lessen the 
pain and suffering we go through every day. Going through three trials has 
etched in our memory everything that happened to Jill that night. We can never 
erase the thoughts of the struggle Jill endured trying to survive. We will 
never forget.

Just think for a moment if this attack happened to your family or even one of 
your friends. How would this affect your family? What would you consider 
justice under the law? This guy had a choice, and now his sentence has been 
carried out according to the law but in a very peaceful way compared to what he 
did to Jill.

After 25 years, we now can try and close this chapter. We do not have to worry 
about another trial or appeal, lawsuits or anything else. We hope by hearing 
our tragic story the people of this country will push to change this process 
and stop these lengthy lawsuits and appeals. 25 years is tragic.

Jill, Mom, Dad, and all the rest of our family at your side, we know you are 
here and you saw it through with us. We know you are finally at peace!

We, all family and friends, can only hope to find that same peace and begin to 
go on with our lives. We all know you are forever at our side until that day 
when we meet again. We miss you all each and every day.

(source: Belleville News-Democrat)








MONTANA:

Move to abolish Montana death penalty that would save Red Deer man passes 
significant hurdle



Legislation to abolish Montana's death penalty received a significant boost 
this week as the bill, which would impact Canadian Ronald Smith, passed a major 
hurdle.

The judiciary committee in the lower house of Montana's 2-tier legislature 
stalled earlier bills to abolish the death penalty in 2007, 2009, 2011 and 
2013. They had been introduced and then passed by the state senate.

This year the bill, which was introduced by Republican Rep. David (Doc) Moore, 
started out on the house side and made it past the judiciary committee by an 
11-10 vote.

"I am shocked it got out of committee. I was as surprised as anybody," Moore 
said in a telephone interview. "I've really got a tiger by the tail now."

Moore says the bill, which would abolish executions and replace them with a 
sentence of life imprisonment with no chance of parole, must now be voted on by 
the state house of representatives no later than Feb. 27.

"I honestly don't know what will happen," Moore said. "I think there's enough 
votes on the house floor for it to pass."

If it passes, it would go through a similar process in Montana's senate.

Moore is worried there may be another attempt by proponents of the death 
penalty to refer it to another committee in order to kill it.

"The people who are against it are really against it."

If passed as written the legislation would be retroactive to include Smith, 57, 
and another death-row inmate, William Jay Gollehon.

Smith, who is originally from Red Deer, Alta., was convicted in Montana in 1983 
for shooting to death 2 cousins while he was high on drugs and alcohol near 
East Glacier, Mont.

He refused a plea deal that would have seen him avoid death row and spend the 
rest of his life in prison. 3 weeks later, he pleaded guilty. He asked for and 
was given a death sentence.

Smith had a change of heart and has been on a legal roller-coaster for decades. 
An execution date has been set 5 times and each time the order was overturned.

Moore said bringing forward the legislation isn't about seeking leniency for 
those on death row, but about eliminating the costs of the protracted legal 
wrangling involved in a death penalty case.

Ron Waterman, a senior lawyer for the American Civil Liberties Association, 
testified before the judiciary committee that the death penalty system is 
flawed and there is the risk of executing an innocent person.

He said the costs also mitigate the benefits the death penalty gives a 
prosecutor trying to negotiate a plea bargaining.

"Once triggered, the defendant is entitled to massive exposure to defend 
against such charges. No prosecutor will spend over $400,000 just to try having 
a tool to use in a plea bargaining," Waterman said.

"The death sentence does not deter crime or other capital crimes."

(source: Calgary Herald)








ARIZONA:

Defense Calls Psychologist Back to the Witness Stand in Death Penalty 
Retrial----Psychologist Reads Text Messages Arias Sent to Travis Alexander 
After Killing Him



Maricopa County Superior Court Judge Sherry Stephens told jurors on Feb. 12 to 
expect to continue reporting to the courthouse until the end of February since 
there could be testimony from rebuttal witnesses as late as Feb. 26, according 
to The Associated Press.

During the mitigation phase of the trial, the defense team will have another 
opportunity to persuade the jury not to sentence the convicted killer to death 
due to different mitigating factors, reports USA Today.

Following the last witnesses, Arias will be allowed to address the jury 
directly and offer a plea for her life. Both sides will then end with a closing 
argument before the jury begins deliberating a life in prison or death 
sentence.

Although Arias was found guilty of 1st-degree murder in May 2013 in the death 
of her ex-boyfriend, jurors failed to reach a unanimous decision on her 
sentencing. As a result, the retrial will determine whether she should be 
sentenced to death, life in prison or life with a chance of release after 
serving 25 years.

According to medical examiners, Arias stabbed Alexander 27 times, primarily in 
the back, torso and heart in his Phoenix home. She also slit Alexander's throat 
from ear to ear, nearly decapitating him, and she shot him in the face before 
she dragged his bloodied corpse to the shower and took pictures of him.

(source: LatinPost)








USA:

Why the U.S. won't stop executing inmates even as a Supreme Court ruling looms



On Tuesday, Attorney General Eric H. Holder Jr. said he supported the idea of 
halting all lethal injections in the United States until after the Supreme 
Court issues a ruling on the issue. The Supreme Court is hearing a case about 
lethal injection in Oklahoma this spring, with a ruling expected in the summer, 
to determine if that state's procedures are constitutional.

"From my perspective, I think a moratorium until the Supreme Court made that 
determination would be appropriate," Holder said during remarks at the National 
Press Club in Washington, D.C.

This idea has been raised before in the weeks since the justices said they 
would hear a lethal injection case. In court filings and orders, in arguments 
and motions, attorneys and judges and justices have questioned whether any 
executions should take place when it is known that the Supreme Court is going 
to rule on the issue very soon. Yet the suggestion does not seem to be taking. 
While 4 executions have been postponed due to this particular case, this has 
not translated into a broader moratorium.

Holder noted that he was speaking personally, rather than as a government 
official, in making his pronouncement, and he has said in the past he is 
opposed to the death penalty. He said his opposition centered on "the ultimate 
nightmare" of someone being executed due to a mistake, something he described 
as an "inevitable" feature of a death penalty system that relies on the 
fallible judgments of human beings.

"There's always the possibility that mistakes will be made," he said Tuesday. 
"Mistakes and determinations made by juries, mistakes in terms of the kind of 
representation somebody facing a capital offense receives ....There is no 
ability to correct a mistake where somebody has, in fact, been executed."

The fact that there is currently no moratorium points to the differences 
between the last time the Supreme Court considered lethal injection and the 
current case. The Oklahoma case represents the Supreme Court's 1st examination 
of lethal injection - the primary method of execution in the United States - 
since 2008. That ruling ended what had become a de facto moratorium on 
executions, because it involved a form of lethal injection used by dozens of 
states. In the years that followed, the lethal injection landscape, and by 
extension the capital punishment landscape, has dramatically shifted in the 
United States, leaving the justices with a very different situation.

When the court acted in the Baze v. Rees decision in 2008, it upheld a form of 
lethal injection that has since become obsolete, because a drug shortage has 
caused the dwindling number of states still carrying out executions to scramble 
and improvise in an attempt to execute inmates. At the time, the court's action 
meant that the lethal injection protocol used by dozens of states was 
acceptable. The Oklahoma case, meanwhile, seems to center on the use of the 
drug midazolam, which has been involved in 3 problematic executions but has not 
found widespread adoption; it has been used in just 15 of the 82 executions 
carried out since the beginning of 2013, almost all of them in Florida. (One of 
those problematic executions occurred in Ohio, which said it will no longer use 
midazolam and delayed all executions scheduled for this year so it can find new 
lethal injection drugs.)

"It was a different issue in that all states were using essentially the same 
method, whereas now it's a more specific and narrow case that the court has 
taken," Richard Dieter, executive director of the Death Penalty Information 
Center, said in an interview Wednesday.

When the court acted in 2008, it dissolved a de facto moratorium and allowed a 
surge of executions to begin in the country. There were no executions between 
the end of September 2007 and early May 2008, the period between the court's 
decision to hear the case and its ruling. Dozens of executions occurred in the 
months after the Baze decision, and in 2009, the 1st full year following that 
decision, states carried out 52 executions. (That number has since dropped, 
falling to 35 executions last year, the lowest annual total in 2 decades.)

States soon began dealing with a drug shortage caused by European objections to 
the death penalty, a situation that meant the 3-drug combination they had 
previously used was replaced by a patchwork system where different states use 
varying drugs or combinations. That, in turn, has been followed by problems 
with executions; an inmate in Oklahoma grimaced and kicked during his execution 
last spring, 3 months before an Arizona inmate gasped, snorted and took nearly 
2 hours to die. Both of these executions, along with the lengthy lethal 
injection in Ohio last year, involved midazolam, a drug questioned by Justice 
Sonia Sotomayor in a dissent the week before the Supreme Court said it would 
take the lethal injection case.

In the time since the Supreme Court said it would consider lethal injection, 
voices at various levels of the process have considered whether executions 
should be delayed until after the justices rule. The Supreme Court, at the 
request of Oklahoma, said it was staying three executions scheduled in that 
state until the justices ruled. The court also declined to stay a Missouri 
execution that had cited the coming Oklahoma decision. (Missouri has used 
midazolam to sedate inmates before executions, but has not used it as one of 
the lethal drugs.) The Florida Supreme Court this week said it was staying an 
execution scheduled there because the state's execution protocol and the one 
used in Oklahoma use the same amount of midazolam.

"The standards the Supreme Court are going to lay out, certainly they're going 
to focus on midazolam, but they're going to give a blueprint for any new, 
untried method," Dieter said. "That could affect every state. We are in an 
uncertain period with lethal injection drugs."

There are currently 10 executions scheduled between now and the beginning of 
oral arguments in the Oklahoma case at the end of April. 7 of them are in 
Texas, with the other 3 set for Missouri, Georgia and Tennessee.

The Texas Department of Criminal Justice "does not intend to delay executions" 
due to the Supreme Court's review of Oklahoma, Robert C. Hurst, a spokesman, 
said in a statement Wednesday. "The agency does not use the same drug 
combination, but instead utilizes a single, lethal dose of pentobarbital to 
carry out executions," Hurst said. "The agency has used this protocol since 
2012 and has carried out 39 executions without complication."

Missouri's Department of Corrections said it remains prepared to carry out an 
execution next month, noting that the execution warrants in that state are 
issued by the Missouri Supreme Court. The Georgia and Tennessee Departments of 
Corrections did not respond to requests for comment on Wednesday.

While other court action or government intervention could affect some of these 
executions, it appeared unlikely the country???s highest court would step in. 
Just a week before Holder spoke, an inmate in Missouri who argued that his 
execution should be postponed while the Supreme Court considers lethal 
injection was put to death after the justices declined to step in. The 
situation pointed to how divided the court is as well as a quirk of how the 
court operates: The 4 justices who dissented from a decision allowing an 
Oklahoma execution to go forward last month are the same 4 who would have 
stayed the Missouri execution. While it takes five justices to stay an 
execution, only four are needed to accept a case.

(source: Mark Berman, Washington Post)