[Deathpenalty] death penalty news----ALABAMA

[Rick Halperin]

Dec. 8




ALABAMA----execution

Ronald Smith executed for 1994 capital murder


Ronald Smith was executed Thursday night for committing capital murder in 1994. 
He was pronounced dead at 11:05 p.m.

Media witnesses said Smith gasped and coughed for 13 minutes of execution, 
which began at 10:25 and ended at 11:05.

He was twice administered a consciousness check, and gave a level of reaction 
media witnesses who have covered several executions say they have never seen.

It is the Alabama Department of Corrections' protocol to give a consciousness 
check after the 1st drug in the 3-drug lethal injection is given. The 1st drug 
is meant to anesthetize inmate's beyond consciousness. The 2nd drug is a 
paralytic and the third stops the heart.

The 1st conscious check was at 10:37, the 2nd was at 10:46, ADOC spokesman Bob 
Horton said. Kent Faulk, an al.com reporter who witnessed Smith's execution 
along with 2 other lethal injection executions said this was the 1st time he 
has seen a consciousness check given twice.

Smith's family did not attend the execution. One member of the victim's family 
who wished to not be identified was present.

His was the 2nd execution in Alabama this year; Christopher Brooks was executed 
in January for a 1992 rape and murder.

Shortly after his arrest, Smith confessed to killing and attempting to rob 
Wilson, a convenience store clerk and new father.

A Madison County jury found 24-year-old Smith guilty of capital murder. They 
voted 7-5 to sentenced him to life in prison without the possibility of parole.

2 months later, the judge overrode their decision and gave him death. He cited 
the "particularly heinous" nature of the crime, pointing to evidence that 
indicated Smith killed Wilson "execution style."

Alabama is the last state in the country that allows a judge to override a 
jury's recommended sentence.

In January, the United States Supreme Court ruled in Hurst v. Florida that 
Florida's sentencing scheme, which also allowed judicial override, was 
unconstitutional.

Following Hurst, The Delaware Supreme Court found that its sentencing scheme 
that also let judges override juries was also unconstitutional.

Smith's attorneys petitioned SCOTUS to stay the execution in light of Hurst. 
Despite issuing two temporary stays in the hours leading up to Smith's 
execution, the high court ultimately denied his appeal in a 4-4 split.

They filed another appeal asking the court to stay the execution that would 
have challenged the state's lethal injection protocol. The U.S. Supreme Court 
denied that petition as well.

Less than a month ago, SCOTUS issued a stay of execution for Thomas Arthur, who 
had also challenged the death penalty protocol in a complaint separate from 
Smith's.

The justices were again split 4-4 on whether to issue a stay, but Chief Justice 
John Roberts then cast a courtesy vote, allowing Arthur's execution to be 
delayed.

It was the 7th time Arthur avoided execution.

Both suits alleged that Alabama's death penalty process would cause cruel and 
unusual pain because the 1st drug administered does not properly anesthetize 
the condemned before injecting the 2nd and 3rd drugs. Without proper 
anesthetization, condemned inmates would feel burning and paralyzing sensations 
caused by the 2nd and 3rd drugs.

U.S. District Judge Keith Watkins ultimately ruled against Smith.

Smith's attorneys appealed his decision to the 11th Circuit U.S. Court of 
Appeals, but that court upheld Watkins' decision.

Prior to his execution, Smith met with his mother, father, son and 4 friends. 
He was served a last meal at 2:34 p.m. He declined breakfast.

A practicing Methodist, 45-year-old Smith asked to receive Holy Communion at 
3:30 p.m. Department of Corrections Spokesman Bob Horton said his request was 
granted.

Smith becomes the 2nd condemned inmate to be put to death this year in Alabama 
and the 58th overall since the state resumed capital punishment in 1983. Smith 
becomes the 20th and last person to be put to death this year in the USA and 
the 1442nd overall since the nation resumed executions on January 17, 1977.

(sources: Montgomery Advertiser & Rick Halperin)