[Deathpenalty] death penalty news----ARIZ., IDAHO, WASH., USA

[Rick Halperin]

Jan. 22



ARIZONA:

Death row inmate wants to end appeals



A Golden Valley murderer on death row is asking the courts to put him to death.

Brad Lee Nelson was convicted and sentenced to die for the June 2006 murder of 
his 14-year-old niece in Kingman. Nelson is asking to represent himself, 
withdraw from future post-conviction relief appeals and accept his death 
sentence.

In a status hearing Tuesday, Superior Court Judge Richard Weiss ordered Mohave 
County Attorney Matt Smith and Nelson's attorney, David Goldberg, to file 
arguments whether or not Nelson needs to have a mental health exam. The 
attorneys have until Feb. 20 to respond.

In April 2012, the Arizona Supreme Court upheld Nelson's conviction and death 
sentence for the beating death of Amber Leann Graff, also of Golden Valley. 
Nelson, 43, was convicted in November 2009 of 1st-degree murder and sentenced 
to death a month later.

The Supreme Court ruled against several defense arguments including that the 
murder was not premeditated, that the death penalty was a cruel and unusual 
punishment and that aggravating factors violated his Constitutional rights.

Graff's body was found June 9, 2006, at a Kingman motel. Graff and her younger 
brother were left in Nelson's care while their mother was in the hospital. 
Nelson took a rubber mallet and smashed the girl's head in and sexually 
molested her.

The morning of the murder, Nelson had gone to a nearby department store to buy 
a rubber mallet. He also took his then 13-year-old nephew back to the 
department store to buy a shirt. His old shirt and a sleeping bag were found 
with Graff's blood on them.

Returning to the motel, Nelson's nephew found his sister's bloody body still in 
bed. Kingman police officers arrested Nelson, who later confessed to a 
corrections officer at the jail that he killed his niece. During the trial, 
defense attorneys admitted that Nelson killed his niece but argued that the 
murder was not premeditated nor was it a 1st-degree murder.

(source: Mohave Daily News)






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

Inside The Mind Of Jodi Arias: Played Or Player? Psychologist Testifies About 
Graphic Sexting



Psychologist Dr. Robert Geffner took the witness stand again on day 26 of the 
Jodi Arias murder trial, saying that Travis Alexander was a bit of a player who 
liked to graphically "sext" not just Arias, but other girls as well.

"Sexting" is a term that combines sex and texting, usually in which people give 
graphic detail of sexual content, or send sexual or naked photos. The defense 
is trying to show that Alexander was an abusive and manipulative boyfriend.

Analyst Beth Karas is presenting information on Travis in attempt to spare 
Arias' life, which hangs in the balance if she is sentenced to death in the 
stabbing and shooting death of on-again, off-again boyfriend Travis Alexander, 
who was found in his Mesa apartment in June 2008.

The jury is trying to decide if Arias will get life in prison or the death 
penalty for the murder of her ex-lover after Judge Sherry Stephens struck down 
the motion to take the death penalty option off the table. Arias' lawyers 
appeared to make a strong case when they filed a motion to eliminate the death 
penalty as an option, but late Wednesday afternoon Stephens ruled against the 
motion.

Legal expert Dwayne Cates said he didn't think the judge's ruling would affect 
the case, because it is very unusual for a jury to sentence a woman to the 
death penalty. It has happened before, such as in the case of a female serial 
killer, but it is very rare. Disparities among races and genders regarding the 
death penalty are one of the most common arguments for opposition of capital 
punishment.

"We are learning that Travis Alexander was a bit of a player. He liked to sext 
many women at the same time he was still seeing Jodi Arias. It supports their 
position that Travis Alexander treated women a certain way, presented himself 
to the Mormon community one way. But he was a highly sexual person, a little 
bit manipulative and controlling of women. It may help the jury understand 
where Jodi Arias was coming from. It's not a defense to the murder; she's 
guilty of the murder, but it might convince some of them she doesn/t deserve to 
die."

Jodi Arias has been described as a psychologically unstable woman who suffers 
from bipolar disorder, borderline personality disorder, and someone who 
chronically skipped her medications. Travis Alexander and Arias had a lurid 
sexual affair, complete with photos, shortly before she killed him in 2008. She 
photographed the seemingly consensual sex acts and then the various stages of 
his death and blood loss, then put the camera through the washing machine, but 
the film was not destroyed and police were able to see the murder through the 
killer's own photographic documentation.

(source: inquisitr.com)








IDAHO:

Idaho prisons department proposes expanded execution secrecy



Idaho lawmakers have introduced a bill that would formally expand the secrecy 
surrounding executions.

The Senate Judiciary and Rules committee agreed Wednesday to move forward the 
legislation from the Idaho Department of Correction. The bill would incorporate 
existing department policy on confidential execution records into state law, 
and broaden that language to include records involving the source of lethal 
medications used for executions.

It would also make it illegal for the department to turn over the records in 
response to subpoenas or other preliminary legal inquiries.

Deputy prisons chief Josh Tewalt said the bill was designed to ensure that the 
identities of both the people involved in carrying out an execution and the 
source of the drugs used in the lethal injection process are kept confidential.

"We rely on people outside the agency, in the form of consultants and 
professionals in the medical field, who if participation was known could 
certainly have an impact in their life, safety and professional ramifications," 
Tewalt told the committee. "And to that end, we believe it's wholly appropriate 
for the protection of certain confidential information as it relates to them, 
to reside in Idaho code as well."

Currently, the Idaho Administrative Procedure Act - commonly called IDAPA by 
state lawmakers and agency officials - states that some execution records are 
exempt from disclosure under Idaho's Public Record law. But the public records 
law itself doesn't specifically state what those exemptions are, although it 
does give the Board of Correction authority to set rules under IDAPA.

The IDAPA rule on releasing execution-related records is fairly broad: "The 
Department will not disclose (under any circumstance) the identity of the 
on-site physician; or staff, contractors, consultants, or volunteers serving on 
escort or medical teams; nor will the Department disclose any other information 
wherein the disclosure of such information could jeopardize the Department's 
ability to carry out an execution."

The new legislation is phrased largely the same, but would add the phrase, 
"including the source of any lethal substances, shall be confidential," and 
move the whole thing to the state law. The bill would also add an additional 
sentence to the law, saying that the records would not be easily obtained 
through the legal process typically used in lawsuits and anti-death penalty 
cases.

"Notwithstanding any provision of law to the contrary, any such confidential 
information shall be privileged and shall not be subject to discovery, subpoena 
or other means of legal compulsion," the bill reads.

Sen. Cliff Bayer, R-Meridian, asked Tewalt if the language could limit any kind 
of court proceedings.

Mark Kubinski, the deputy attorney general who represents the Department of 
Correction, acknowledged that the language was broad, but said a judge would 
still be able to order the department to turn over the records so they could be 
viewed privately, in the judges' chambers or a closed courtroom.

"That last phrase in the statute, what that speaks to is preventing the 
disclosure of the information to the public," Kubinski said. "I don't think 
that limits the ability of the court to access that information."

Public access to records detailing states' supplies of lethal injection drugs 
has been a point of contention in many death penalty states as the drugs have 
become increasingly more difficult for corrections departments to obtain.

(source: Associated Press)








WASHINGTON:

Eerie hunch revealed by key witness in Carnation murder trial



A chilling 911 call and an eerie hunch that came true. A key witness in the 
2007 Christmas Eve murders of six members of a Carnation family testified 
Wednesday about the horrific crimes.

Linda Thiele first discovered the crime scene and, at the time, made a 
staggering prediction, which came to light in court Wednesday at the trial of 
Joseph McEnroe.

McEnroe is charged with multiple counts of aggravated murder and could face the 
death penalty if convicted.

Sitting in the witness stand with her face in her hands, it's obvious, although 
it's been 7-years, what happened that Christmas Eve day is still too painful to 
for Thiele to bear.

"Hi, there's been a murder," Thiele told the 911 dispatcher. "There are 3 
bodies. I came up right now, she works with me."

Thiele listened with jurors to the 911 call she made on December 26th, 2007.

"There's a baby, a man and woman, and she's my best friend," she told the 
dispatcher.

What she didn't know is there were 6 bodies, including sister and brother; 
Olivia and Nathan, just 5- and 3-years old.

"When I stepped over the body I could see the body had been shot in the face," 
Thiele said.

2 days prior to her discovery, three generations of the Anderson family had 
been obliterated -- murdered in cold blood on Christmas Eve in Wayne and Judy 
Anderson's home on a hill in a rural wooded piece of property.

Senior Deputy Prosecutor Scott O'Toole also took jurors back to that day, 
revealing 8 minutes of video that had never before seen of the crime scene. It 
was shot by detectives.

The point-of-view shots walk along the Anderson's gravel driveway, shrouded in 
mature trees. The camera passed a gate and post at the beginning of their 
driveway marked "Keep Out." The investigator walked the camera past a mobile 
home surrounded by some outbuildings.

Defendants Michele Anderson and her then-boyfriend McEnroe lived there. The 
camera revealed the couple's home with crime tape surrounding it.

Then jurors saw a small shed in the backyard behind the house. The video showed 
where Wayne Anderson's body was dumped in the cold, his lifeless body covered 
with cardboard.

There was also a glimpse of Judy Anderson's body, a denim pant leg visible 
through the shed's cracked open door. The couple died 2 days before being 
discovered.

The other bodies were inside the couple's home, in the living room -- shot 
likely where they had been sitting just moments prior.

"I recognize the body of what I know now is Scott, Erica, and the baby," Thiele 
testified on Wednesday.

Later she would learn Olivia's body was there, too, burrowed beneath her mother 
Erica, likely trying to get away, said O'Toole.

He said McEnroe -- who sat like a frozen statue in court during the chilling 
911 recordings -- and his then girlfriend Michele Anderson, gunned down 
Michele's family because they were angry over money.

O'Toole said during her "confession," Michele told a detective that her brother 
Scott owed her money, promised to fix her car a year prior and her family was 
pressured her to pay rent for living in their trailer on their property.

Thiele, who worked with Judy Anderson for the Postal Service, told the 911 
operator she suspected Michele.

"The gate is locked, which makes me wonder if her daughter did it, because I 
might be up here with a murderer," she told the dispatcher.

McEnroe faces the death penalty if convicted. His attorney blamed a chaotic 
upbringing and Michele's influence.

Judy Anderson had been wrapping Christmas gifts, a roast was in the oven, and 
her husband Wayne was getting ready for their loved ones to arrive for dinner 
just prior to their brutal murder.

"They were all shot in the head. They were all shot in close range," said 
O'Toole.

When Judy didn't show up for work on December 26, Thiele called her house and 
her cell, but no answer. Shortly thereafter, she left work and went to the 
Anderson's home. She knew exactly where it was because it was on her postal 
route. She told the jurors before she left the Carnation Post Office she 
started to cry.

"I knew there was something wrong," she said.

McEnroe's trial is expected to take up to 3 or 4 months. Michele Anderson goes 
on trial later this year.

His case was recently delayed over defense arguments regarding a not guilty 
versus a not guilty by reason of insanity.

(source: KOMO news)








USA:

Dzhokhar Tsarnaev judge parries complaints



U.S. District Court Judge George A. O'Toole Jr. yesterday continued to fend off 
claims by the Dzhokhar Tsarnaev defense that they can't seat a fair jury in 
Boston, saying he's "satisfied" with progress so far, though he vowed to 
"expedite" the culling of 1,350 juror candidates.

O'Toole has said he wants testimony to start next week, and it is unclear 
whether he will meet that goal. With jury selection entering its 8th day today, 
61 people have been interviewed. It remains unclear if there are enough 
acceptable candidates to seat 12 deliberating jurors and 6 alternates, or how 
many more will have to be interviewed.

O'Toole and the opposing trial teams spent part of yesterday poring over 
screening questionnaires completed by prospective jurors they'd planned to 
follow-up with face-to-face. At least 10 were rejected sight unseen. The 
attorneys ultimately met with 5 women and 4 men.

Defense attorney David I. Bruck called the direct exposure to the Patriots Day 
terrorist attack acknowledged by jurors so far "extraordinary."

He told O'Toole his refusal to grant Tsarnaev a change of venue has left the 
trial in "uncharted seas," as, Bruck claims, no tragedy akin to the marathon 
bombings has been tried in the city where the event occurred.

"Many, obviously, have a view about this case because of the extensive 
publicity," O'Toole said of the jurors, but added, "That's far from limited to 
the local community. In general, I'm satisfied with the course we've been 
following."

Meanwhile, the selection of Bay State residents who might decide if Tsarnaev is 
guilty - and if so, whether he should live or die - continues to yield unique 
attitudes.

The son of an Iranian woman who was majoring in psychology until he ran out of 
money said of the death penalty, "I think it would be merciful if you believe 
in an afterlife."

An unemployed emergency room nurse who is planning to drive cross-country in 
April in an RV with her boyfriend said she'd be willing to put their trip on 
hold and live in the vehicle if she's picked as a juror. Though she declared 
herself "really in the middle," she said she'd vote to kill Tsarnaev "if I felt 
it was appropriate."

Tsarnaev, 21, literally fighting for his life against charges he killed 3 
marathon spectators and murdered an MIT police officer in April 2013, while 
injuring or disfiguring 260 others, appeared detached yesterday, coloring on a 
paper cup, slumping in his chair and looking away when the subject of his 
possible execution came up again and again and again.

(source: Boston Herald)

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

Tsarnaev Trial Openings Delayed



Openings in trial of Boston Marathon bombing suspect Dzhokhar Tsarnaev will not 
begin on Monday, as jury selection is taking longer than expected, court 
officials say.

Tsarnaev is charged with 30 federal counts in the April 15, 2013, bombings and 
in the killing days later of an MIT police officer. 3 people died and more than 
260 were injured when twin bombs exploded near the marathon finish line.

Tsarnaev, 21, could face the death penalty if convicted of any of 17 capital 
charges against him.

Questioning of potential jurors will continue Thursday.

Last week, U.S. District Judge George O'Toole Jr. began individually 
questioning people who could become jurors.

Although he has not said publicly how many people have been excused from juror 
service so far, many of the 34 people questioned last week appeared to 
disqualify themselves when they gave a variety of answers including: they 
already believe Tsarnaev is guilty, they would not consider imposing the death 
penalty under any circumstances, they know someone who treated those injured in 
the bombings, or that serving on the predicted lengthy trial would be a severe 
financial hardship.

On Tuesday, at least four people questioned said they either had no 
preconceived opinions on Tsarnaev's guilt, or if they did, they could put them 
aside and listen to the evidence before reaching decisions on guilt or 
punishment, whether life in prison or the death penalty.

One woman, a teacher, said she attended the University of Massachusetts in 
Dartmouth, the same school Tsarnaev attended, but years before him. She said 
she also once lived in Watertown, where residents, including her boyfriend and 
other friends, were told not to leave their homes several days after the 
bombings as authorities searched for Tsarnaev after a shootout with police. She 
also has 2 brothers who are Marines, 1 of whom fought in both Iraq and 
Afghanistan. Authorities have said that Tsarnaev indicated in a note he wrote 
inside a boat he was captured hiding in that the bombing was in retaliation for 
U.S. wars in Muslim countries.

Judge Questions Potential Tsarnaev Jurors

[NECN] Some in Tsarnaev Jury Pool Say They Could be Fair in Jury Trial

The woman told the judge those circumstances would not affect her ability to be 
impartial.

"You're supposed to assume someone is innocent until they're proven guilty," 
she said in response to questions from O'Toole.

The woman said that after the bombings, she saw a television interview with one 
of her history professors. The professor, Brian Glyn Williams, who taught 
Chechen history at UMass-Dartmouth, is on the prosecution's witness list.

Williams told several media outlets after the bombings that he had tutored 
Tsarnaev, an ethnic Chechen, on Chechen history while he was still in high 
school. Williams told the New Bedford Standard-Times that Tsarnaev "wanted to 
learn more about Chechnya, who the fighters were, who the commanders were."

Another woman, who works in the billing office of the Massachusetts General 
Hospital physicians' organization, said she hasn't formed an opinion on 
Tsarnaev's guilt or innocence and would be able to consider both possible 
sentences if Tsarnaev is convicted.

"I do believe in the justice system and I believe it's up to the justice system 
to make that determination," she said.

When asked by defense lawyer David Bruck about her reaction when she received a 
jury summons and later realized she could be asked to serve on the jury, she 
said: "I looked at it as my duty and even as a privilege should I be asked to 
be a part of this."

Others said they already believe Tsarnaev is guilty and could not be impartial. 
One woman said she posted her disapproval on Facebook after a story on Tsarnaev 
was featured in Rolling Stone magazine.

"I thought it was very wrong," she said. "I just said it's wrong, and it's not 
the kind of person you want on the cover of Rolling Stone."

Another man said he does not believe he could consider life in prison as a 
punishment and feels strongly "that the death penalty is in order" for 
Tsarnaev.

Another potential juror, an architect and father of 2 children, said it would 
be difficult for him to vote against the death penalty in cases involving the 
death of a child. An 8-year-old boy was killed in the bombing.

"I also am concerned about how to go about impartiality given the circumstances 
of the case," he said.

A total of 9 jurors were questioned on Wednesday, and 61 jurors have now been 
questioned altogether. Attorneys are expected to go straight to sidebar to 
discuss the jury panel when they return from lunch at 2 p.m.

(source: NECN)

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

Massive Aurora theater shooting trial will make history----"It is very 
difficult to estimate how long the process of selecting 24 jurors will take. 
Our best estimate is that it will take us until approximately May or June to 
select a jury," he said.

2 1/2 years after he opened fire on an Aurora movie theater, James Holmes sat 
in an Arapahoe County courtroom this week for the start of his jury trial.

The trial, which isn't expected to be complete until the fall, started January 
21 with jury selection.

The process of choosing 24 jurors - including 12 alternates - from a pool of 
9,000 is expected to take almost 5 months. The initial phase alone, where 
jurors fill out the lengthy juror questionnaire, is expected to run well into 
February.

Experts say seating a jury in James Holmes' 1st-degree murder trial is unlike 
any other in state history.

"I would think this would be the biggest jury call in the state's history," 
said Karen Steinhauser, a former prosecutor who now teaches law at university 
of Denver Sturm College of Law.

Once the jury is seated - likely in May or June - the size of the jury itself 
will be unique.

Alan Tuerkheimer, a senior litigation consultant for Zagnoli McEvoy Foley LLC. 
in Chicago, said that juries typically have just a few alternate jurors, 
sometimes as many as 6. But 12 is unprecedented, he said.

"I have never seen that many alternates," he said.

Court officials expect between 130 and 150 jurors to report to court Tuesday 
afternoon for the 1st day of jury selection in the Aurora theater shooting 
trial.

During the 1st day of jury selection, Judge Carlos Samour, Jr. said that while 
court officials have called 250 people to appear, only 188 of that initial 
group remain eligible. Some potential jurors have been dismissed because they 
have connections to people involved in the trial, and Samour said other 
summonses were undeliverable.

At each session, Samour said he expects between 130 and 150 prospective jurors 
will report.

After sending out a total of 9,000 summonses, Samour said there are about 7,000 
potential jurors remaining in the pool.

When the jurors report, they will hear a 30-minute introductory speech from 
Samour, watch an 18-minute video that all jurors in the state watch and then 
receive their juror questionnaires.

According to court documents, the questionnaire includes 75 questions, but in 
court Tuesday, Samour said the questionnaire has 77 questions.

With that many questions, Samour said he expects some prospective jurors to 
need more than 2 hours to complete it, while others could finish in about 45 
minutes.

"It is difficult to tell how long it's going to take them to fill it out," he 
said.

In an October order laying out the final version, Samour bluntly admitted that 
at 75 questions, it was lengthy.

"The questionnaire is extensive," he wrote.

Steinhauser said jury questionnaires often try to extract some personal 
information about the clients - including their personal experiences with 
mental illness, law enforcement or other extremely private issues.

Because of that, the questionnaires are rarely if ever seen by the public.

"When we ask jurors for a lot of very personal and sensitive information, the 
goal is that the information be between the judge and the attorneys," she said.

Steinhauser said she has tried cases where after the lawyers were done 
reviewing prospective juror's answers, they were required to return the answers 
to the court.

In this case, Samour has ordered the 2 sides to destroy the questionnaires - 
including any electronic copies - once they are done with them.

In his opening remarks to jurors, Samour said jurors should answer honestly and 
in detail because those that don't fill questionnaires out in detail stand a 
better chance of being called back for individual questioning.

>From February through May, Samour said some jurors will be dismissed, and 
others will be called back for a 2nd round of questioning as the court tries to 
whittle the pool to 100 to 120 potential jurors.

That group will be called back a 3rd time in May or June for a 2-day group 
questioning session, he said.

But, Samour said, those are only hopeful estimates.

"It is very difficult to estimate how long the process of selecting 24 jurors 
will take. Our best estimate is that it will take us until approximately May or 
June to select a jury," he said.

The trial itself - including a possible death penalty phase - will then run 
from May or June into September or October, he said.

Because Holmes is appearing in court in the presence of potential jurors, he is 
allowed to wear civilian clothes. He sat quietly next to his lawyers wearing a 
black blazer, blue and white striped shirt and khaki pants.

Unlike previous hearings, where Holmes appeared wearing a jail jumpsuit with 
his hands and feet shackled, Holmes' hands were not cuffed during jury 
selection. His left leg, however, was chained to the floor with a cable that is 
hidden from the jury's view.

(source: Aurora Sentinel)

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

America's Secret Lethal Injection Cocktails



After a series of botched executions, states are increasingly hesitant to 
reveal information about the drugs used to put prisoners to death.

Among Oklahoma death-row inmate Charles Warren's final words last Thursday 
night were, "My body is on fire." His complaint was not picked up by the 
microphone in the execution chamber, but by reporters listening through the 
glass.

As part of a new state policy, the microphone in the execution chamber is 
turned off after the inmate's official last words. Oklahoma officials rolled 
out the new rules after the botched execution last April of Clayton Lockett, 
who writhed on a gurney for more than 40 minutes before dying.

There is good reason to doubt the truthfulness of Warren's last words: He was 
only on a saline drip when he first started complaining. But what is beyond 
question is the increased secrecy surrounding lethal injections in the U.S.

Over the past several years, Oklahoma and many other states have aggressively 
blocked news organizations, inmates and advocacy groups from getting more 
information about the drugs that led to several FUBAR executions. States have 
refused to disclose where the drugs were obtained, their efficacy, and the 
qualifications of the corrections officials administering them, among other 
things.

And in turn, news organizations and lawyers for death row inmates have filed 
numerous lawsuits over the past year in Oklahoma, Ohio, Missouri, Georgia, 
Tennessee, Pennsylvania and Arizona challenging these restrictive policies.

"In contending that midazolam will work as the State intends, Dr. Evans cited 
no studies, but instead appeared to rely primarily on the web site Drugs.com," 
Sotomayorwrote.

"The concern is that, as a matter of government transparency, there are certain 
actions that the public has a right to know about," David Schulz, co-director 
of the Media Freedom and Information Access Clinic at Yale, said in an 
interview. "That transparency is critical for knowing how executions are 
carried out. An execution is probably the single most important action a state 
can take in the name of its citizens."

Schulz is representing several news organizations in 1 of 3 lawsuits 
challenging Missouri's secretive lethal injection policies. A judge heard 
arguments in all 3 cases on Wednesday.

The Associated Press, The Guardian U.S., The Kansas City Star, the St. Louis 
Post-Dispatch and the Springfield News-Leader argue that the Missouri 
Department of Correction's denial of public records requests regarding lethal 
injections violates the Missouri Sunshine Law, as well as the First and 
Fourteenth Amendments of the Constitution.

Missouri officials contend much of the information is exempt under Missouri's 
"black hood" law, which protects the identity of executioners. Schulz said the 
Department of Corrections used to interpret the statute as protecting only the 
execution team and medical personnel in the execution chamber. However, in 
October 2013 the state broadened the statute to cover pharmacies and 
"individuals who prescribe, compound, prepare, or otherwise supply the 
chemicals for use in the lethal injection procedure."

"We think its highly significant that when state officials originally issued 
execution protocols, they did not include the pharmacists," Bernie Rhodes, 
another lawyer representing the news organizations, said in an interview 
following Wednesday's hearing. "It was only when they had trouble finding 
pharmacies that they rewrote the protocols."

Rhodes said the judge did not appear to lean one way or another during the 
hearing. A decision on whether or not Missouri is complying with its 
transparency laws is expected in about 2 weeks.

The Missouri Times reported last year that the state went so far to avoid 
leaving any paper trail that a state official drove to neighboring Oklahoma and 
paid $11,000 in cash for lethal injection drugs, essentially acting as a drug 
mule.

Missouri and several other states with similar laws say the pharmacies require 
anonymity to protect them from harassment, and that many pharmacies might stop 
making the drugs altogether if they are at risk of being identified.

Here's how Dorinda Carter, a spokeswoman for the Tennessee Department of 
Correction, explained it to The Tennessean: "There were persons or entities 
able and willing to supply the necessary chemicals, but they were unwilling to 
do so without the protection of confidentiality."

In 2011, the European Union banned the export of sodium thiopental, the primary 
drug used in lethal injections in the U.S. And as reserves of the drug ran out, 
states turned to lightly regulated compounding pharmacies to put together new 
cocktails.

Oklahoma, Florida and several other states rely on a combination of the 
sedative midazolam and 1 or 2 other drugs. Midazolam is not approved for use as 
a general anesthetic by the FDA. In 2014, 3 botched lethal injections in 
Oklahoma, Arizona, and Ohio involved midazolam.

To understand why reporters are so interested in digging up records on new 
lethal injection protocols - and perhaps why state officials are so eager to 
hide them - consider Mike Oakley, the former general counsel for the Oklahoma 
Department of Corrections. According to court filings, Oakley said his research 
on midazolam included "WikiLeaks or whatever it is."

Or take Dr. Roswell Evans, whom the state of Oklahoma presented as an expert 
witness on midazolam in a 10th Circuit case challenging the constitutionality 
of its execution protocols. Evans testified that, although midazolam wasn't 
commonly used as an anesthetic, it functioned like one at high enough doses.

In a dissenting opinion to a 5-4 Supreme Court decision rejecting a last minute 
appeal to halt Warner's execution, Justice Sonia Sotomayor noted that Evans' 
sourcing was, shall we say, a little thin.

"In contending that midazolam will work as the State intends, Dr. Evans cited 
no studies, but instead appeared to rely primarily on the web site Drugs.com," 
Sotomayor wrote.

So, to recap: America's neurotic position of keeping the death penalty legal, 
while also requiring it to be as bloodless and sterile as possible, has led to 
a situation where states are relying on experimental combinations of drugs that 
are vetted by a quick glance at popular reference websites and purchased in 
secret from anonymous, barely regulated pharmacies with significantly less 
reliable products than major pharmaceutical companies.

Ohio announced it would stop using midazolam earlier this month, instead opting 
for 2 other drugs that will likely have to come from compounding pharmacies. 
Naturally, the Ohio legislature passed a law in December shielding the identity 
of such pharmacies.

On Monday, attorneys for 4 Ohio death-row inmates filed a petition asking a 
federal court to stop the law from taking effect, arguing it violated the 
inmates' First Amendment right to free speech and to petition the government.

After Lockett's botched execution in 2014, Oklahoma Gov. Mary Fallin halted all 
executions in the state and ordered an internal review and overhaul of the 
state's lethal injection protocols.

Oklahoma's new policies include more training and a higher dosage of midazolam, 
equal to that administered in Florida, where lethal injections have gone 
relatively smoother. Oklahoma also expanded its execution chamber to hold more 
monitoring equipment.

It was surely just a coincidence that the expanded chamber came at the expense 
of the size of the witness room and required the state to cut the number of 
media observers at executions from 12 to 5.

Or maybe it wasn't. Corrections officials told local news outlet KFOR that even 
if there is space available, they would not allow more journalists inside the 
witness room.

Among the reporters excluded from the witness room last Thursday night was The 
Oklahoman's Graham Lee Brewer. Brewer covered the Lockett execution, where 
officials drew a curtain over the viewing window when Lockett began writhing on 
the gurney. (The ACLU promptly filed a lawsuit against the state for drawing 
the curtain.)

However, Brewer's newspaper is no longer guaranteed a spot under the new rules. 
Brewer lost out to an AP reporter and four television stations.

But Brewer said being excluded from the witness room isn't as frustrating as 
not being able to get his hands on state records. As part of Fallin's review, 
investigators interviewed more than 100 corrections officials, witnesses and 
experts about went wrong at Lockett's execution. None of those interviews have 
been released.

"Those interview transcripts are where all the good stuff is," Brewer said in 
an interview. "Unfortunately those documents have been sealed by a federal 
court. As a reporter, that's the kind of information I want."

If Oklahoma and like-minded states have their way, Brewer and other reporters 
will never get it.

(source: The Daily Beast)