[Deathpenalty] death penalty news----OHIO, ARK., USA

[Rick Halperin]

April 16



OHIO:

Expert: Death penalty cases different


Jurors' perceptions are key in any criminal case, especially in a capital 
murder case, an expert on death-penalty law says.

Add intense pretrial publicity, and judges - as well as defense attorneys and 
prosecutors - will do whatever they can to ensure that a defendant gets a fair 
trial and that jurors only decide the case and potential penalty based on what 
they see and hear in the courtroom - not outside of it, said Michael Benza, an 
instructor of law at Case Western Reserve University who is an authority on 
death-penalty law.

Decisions such as whether a defendant should be cuffed or shackled not only in 
a courtroom but also outside in a public space all help to ensure that jurors 
in a death-penalty case base their decisions solely on what they hear in the 
courtroom, Benza said.

"It really is a concern that when jurors see certain types of things, it can 
influence their decision-making process," Benza said.

Sheriff Jerry Greene said Judge Maureen Sweeney had instructed that Robert 
Seman not be seen wearing handcuffs or other visible restraints in public areas 
of the courthouse, in case people in the building may be called to jury duty in 
the case or see Seman on television. That was designed to avoid giving people a 
negative impression of the defendant before his trial began.

On Monday, Seman was dressed in civilian clothes and was not handcuffed or 
shackled as he was walked from the courtroom to an elevator to go to a holding 
cell in the courthouse before he jumped to his death.

"If you see a person in the courtroom and he's wearing a prison outfit, you 
think he's a bad guy," Benza said.

Typically, even in death- penalty cases, defendants are not wearing street 
clothes until jury instruction is actually underway and they are often kept out 
of sight of jurors at that time in the courthouse.

Seman could have received the death penalty if convicted in the March 30, 2015, 
deaths of Corinne Gump, 10; and her grandparents, William and Judith Schmidt, 
in an arson at the home of the Schmidts. But because the case was so highly 
publicized, Seman had appeared at all of his hearings since his indictment in 
June 2015 in street clothes. Most pretrial hearings, even in death penalty 
cases, are not covered by newspapers or television. In the Seman case, the 
media covered every hearing.

Benza said there is a tendency for people involved in capital cases to do 
things they wouldn't do in any other case because of the high stakes and the 
potential for many years of litigation and appeals.

Benza also addressed how publicity, specifically comments on news stories on 
social media sites or websites of media outlets, also plays into thinking of 
both attorneys and a judge during a trial.

Benza said a story about a case could be neutral but the comments from readers 
could be so inflammatory that they could taint a jury pool. Seman's case was 
heavily publicized on the internet and generated heavy comments on social media 
sites, the majority of those comments against him.

2 attempts to pick a jury locally failed, and Judge Sweeney granted a defense 
motion to move the trial. She chose Portage County, where jury orientation was 
to begin last Wednesday.

Several court cases address restraining inmates in front of jurors. The main 
one is a 1970 case, Illinois v. Allen, where the Supreme Court ruled against a 
defendant's motion for a new trial in a robbery case based on the defendant's 
argument that he was shackled in front of a jury.

The high court, however, wrote in its opinion: "The presence of restraints 
tends to erode the presumption of innocence that our system attaches itself to 
every defendant," and that quote is cited in almost all cases where appeals are 
made based on defendants who are visibly restrained before jurors.

The high court cited this opinion in a 2004 case, Deck v. Missouri, where a man 
sentenced to death appealed his sentence because he argued he was shackled in 
front of jurors during the penalty phase of his murder trial. The high court 
wrote that having defendants appear without shackles is a practice that dates 
back to English common law and they can only be used if a "special need" 
arises.

In the Deck case, the U.S. Supreme Court reversed the defendant's death 
sentence and sent the case back to the lower court for resentencing.

(source: Youngstown Vindicator)






ARKANSAS:

ttorney General Files Petition to Arkansas Supreme Court After Lethal Drug 
Blocked


State officials challenged 1 order Saturday and vowed to fight the other.

The rally was attended by actor Johnny Depp and by Damien Echols, who spent 
almost 18 years on Arkansas' death row. Arkansas has said this scheduled is 
needed because one of its lethal drugs will expire at the end of the month.

The inmates challenged the state's unprecedented plan, arguing the hasty 
timetable and the drug used to perform the execution amounted to cruel and 
unusual punishment.

But more recently, capital punishment has been stalled in Arkansas because of 
drug shortages and legal challenges.

Legal battles had prevented any executions in the state in the last 12 years.

The attorney general plans to appeal Griffen's order as well. All of the 
inmates are men, and all were convicted of capital murder.

The state Supreme Court on Friday granted a stay of execution on 1 of the 7, 
and an 8th inmate whom the state planned to execution won an earlier stay.

"No state has ever conducted 8 executions over a 10-day period", he said.

The state appealed U.S. District Judge Kristine Baker's order hours later, 
hoping to follow through with its planned executions, with the 1st scheduled 
for Monday. The latest ruling from Baker applies to the 8 originally scheduled 
to die, plus 1 more man whose execution had not yet been scheduled. Baker, 
dealt another blow Saturday.

Baker says the inmates could have legitimate claims that Arkansas' execution 
protocol could inflict "severe pain".

Posner sent the letter Thursday to 2 Arkansas officials.

On Saturday morning, the Attorney General's office filed an emergency petition 
with the Arkansas Supreme Court asking that Griffen be removed from the case 
and his temporary restraining order be lifted.

"It is unfortunate that a US district judge has chosen to side with the 
convicted prisoners in one of their many last-minute attempts to delay 
justice", Jude Deere, an office spokesman, said.

Executions of multiple inmates are not new to Arkansas.

Other companies also weighed in. The suppliers of the muscle relaxant, 
vecuronium bromide, argued that it had been sold to the prison system on the 
premise that it would be used for legitimate medical purposes rather than 
executions.

The company has said it had been reassured the drug would be returned and even 
issued a refund, but it never was. The pair of lethal injections that Willett, 
the former Texas warden, presided over in 2000 was the last of 10 such 
executions over 6 years involving only 4 states: Texas, Arkansas, Illinois and 
SC. By Friday night, the company had persuaded Griffen to intervene.

McKesson contends that Arkansas penal authorities purchased the vecuronium 
bromide, which provokes muscular paralysis, without warning that it would be 
used to put inmates to death. The drug's maker, McKesson Medical Surgical, said 
it had been misled by the state.

Griffen wrote that these issues could not be remedied later, while the state 
could later obtain a replacement drug.

Absent details about drug sources, death penalty opponents may focus on 
questions about the drugs' reliability or how they are administered, based on 
flawed executions elsewhere.

The series of legal roadblocks constitute a major setback for Arkansas's 
Republican governor, Asa Hutchinson, who had pushed for the accelerated 
executions as the expiration of the state's supply of midazolam drew near. 
"After hearing the evidence. the court is compelled to stay these executions", 
she said.

The Associated Press explains that "under Arkansas' protocol, midazolam is used 
to sedate the inmate, vecuronium bromide then stops the inmate's breathing and 
potassium chloride stops the heart".

"When I heard about the conveyor belt of death that the politicians were trying 
to set in motion, I knew I couldn't live with myself if I didn't come back and 
try to do something", Echols said Friday. Baker had not ruled by Friday 
evening.

(source: pppfocus.com)

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

Gov Hutchinson releases statement on federal ruling that blocks scheduled 
executions


Governor Hutchinson has released a statement on the federal ruling by Judge 
Kristine Baker that blocks Arkansas' scheduled executions and other recent 
court rulings regarding the executions.

"When I set the 8 execution dates in accordance with the law and my 
responsibilities, I was fully aware that the actions would trigger both the 
individual clemency hearings and separate court reviews on varying claims by 
the death row inmates. I understand how difficult this is on the victims??? 
families, and my heart goes out to them as they once again deal with the 
continued court review; however, the last minute court reviews are all part of 
the difficult process of death penalty cases. I expect both the Supreme Court 
of Arkansas and the 8th Circuit Court of Appeals to review the decisions 
quickly, and I have confidence in the Attorney General and her team to expedite 
the reviews. I'll be meeting with the Attorney General and the Arkansas 
Department of Correction on Monday to determine next steps," he said.

The federal ruling cited a likely violation of the inmate's Eighth Amendment 
and right to due process.

Judd Deere, spokesperson for Arkansas Attorney General Leslie Rutledge, has 
confirmed that the state will appeal to the Eighth Circuit and possibly the 
Supreme Court. The court battle will likely extend into next week. However, if 
either high court rules in favor of the state, the executions could move 
forward as early as next week.

A federal case recently stayed the execution of Jason McGehee, who was set to 
die before Williams on April 27. Friday the Arkansas Supreme Court granted an 
emergency stay for Bruce Ward, who was set to be executed on April 17.

Another hurdle to the executions is a temporary restraining order that Pulaski 
County Circuit Judge Wendell Griffen issued Friday against the state of 
Arkansas, effectively halting the scheduled executions until further notice.

According to court documents, McKesson Medical-Surgical Incorporated filed the 
temporary restraining order for an "injuctive relief" and for the state of 
Arkansas to return its property, 10 vials of 20mg Vecuronium bromide.

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

Little Rock Vice Mayor Webb thinks death penalty should be ruled out completely


Amid all the legal wrangling, there are high emotions on both sides of the 
death penalty debate.

Friday a rally bought hundreds of Arkansans out to the state capital voicing 
their opinion both for and against the death penalty. Saturday one city leader 
agreed with the decision by the federal court to halt the executions scheduled 
to begin on Monday.

In less than 48 hours eight executions are scheduled to begin. Little Rock Vice 
Mayor Kathy Webb is still sticking by her belief to not go through with the 
death penalty. This after Federal Judge Kristine Baker blocked Arkansas' plan 
to execute 8 inmates by the end of the month, but Webb is saying the death 
penalty should be ruled out altogether and not be used in Arkansas.

"I like it when the eyes of the country are on Arkansas for positive reasons, 
not something like this," Webb said. "I know that this is something that has 
weighed heavily on the governor and it is a tremendous responsibility."

Those for the death penalty like conservative Senator Jason Rapert took to 
Twitter soon after the decision by Judge Baker and Judge Griffen. Tweeting, 
"Abortions occur regularly at Little Rock #Abortion clinic KILLING innocent 
babies...where is the outcry for their life? #arpx"

Another tweet this time from Senator Trent Garner calls for Judge Wendell's 
impeachment. Griffin joined protestors Friday by laying in a lawn chair in 
front of the governor's mansion.

"I would side with Judge Griffin and Judge Baker who question the 
constitutionally of the cruel and unusual punishment and the use of the 
particular drug for execution," Webb said.

Now Webb is left hoping a decision will be made that will bring both ease to 
the families of the victims and Arkansans.

"While my heart goes out to victim's families of the crimes," Webb said. "I 
don't think that taking another's life is a solution to their grief."

Friday's rally grew in size and stature when actor Johnny Depp came and spoke 
alongside Damien Echols. Echols walked off Arkansas' death row by taking what's 
called an "Alford plea." Depp has been a supporter and friend of Echols for 
several years.

(source for both: KTHV-TV news)

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

Outcry after Arkansas judge who stayed executions joins anti-death penalty 
rally----Republican lawmakers questioned Judge Wendell Griffen???s impartiality 
after he lay bound on a cot following his ruling to halt executions

The judge who on Friday barred Arkansas from executing six prisoners in rapid 
succession followed his ruling by attending an anti-death penalty rally, where 
he lay down on a cot and bound himself as though he were a condemned man on a 
gurney.

Judge Wendell Griffen's participation in the protest outside the Arkansas 
governor's mansion sparked outrage among death penalty supporters, including 
Republican lawmakers who described it as judicial misconduct and potential 
grounds for Griffen's removal from the bench.

Arkansas attorney general Leslie Rutledge on Saturday asked the state's highest 
court to vacate Griffen's ruling and asked for a new judge to be assigned the 
case.

Griffen, a Pulaski County circuit judge, ruled against the state because of a 
dispute over how the state obtained one of its execution drugs. In an interview 
on Saturday, he said he was morally opposed to the death penalty and that his 
personal beliefs alone should not disqualify him from taking up certain cases.

"We have never, in my knowledge, been so afraid to admit that people can have 
personal beliefs yet can follow the law, even when to follow the law means they 
must place their personal feelings aside," he said.

On Friday, Griffen granted a restraining order preventing Arkansas from using 
its supply of vecuronium bromide, 1 of 3 drugs it uses in executions, because 
the supplier said the state misleadingly obtained the drug.

The ruling came a day before a federal judge halted the executions on different 
grounds. The back-to-back decisions upend what had been a plan to execute 8 men 
in 11 days, starting on Monday, because the state's supply of 1 of the other 
execution drugs expires at the end of the month.

Griffen declined to comment on the demonstration or his ruling, saying he would 
address any questions about it at a hearing he scheduled for Tuesday.

Citing the judge's participation in anti-death penalty events before and after 
issuing his ruling, attorney general Rutledge wrote on Saturday: "This court 
should put a stop to the games being played by a judge who is obviously unable 
to preside over this case impartially."

Lawmakers have suggested the move may be grounds for the Arkansas House to 
begin impeachment proceedings, saying the demonstration and a blogpost Griffen 
wrote on the death penalty this week may amount to "gross misconduct" under the 
state constitution.

"He is outside the bounds of normal behavior for most judges probably anywhere 
in America," Republican state senator Jason Rapert said.

It is also unclear whether the move would prompt action from the state's 
judicial discipline and disability commission. Griffen, who served 12 years on 
the state appeals court, has battled with the panel over remarks he made 
criticizing George W Bush and the war in Iraq. The panel ultimately dropped its 
case against him.

Griffen said he would not consider a person's participation in an 
anti-execution event enough, on its own, to warrant disqualifying a juror from 
a death penalty case. The question, he said, is whether the juror could set his 
or her personal views aside and follow the law.

"We do not require people to come into court with blank slates, either in their 
minds or their heart," he said.

(source: The Guardian)

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

Analysis: Arkansas faces stark reality with execution plans


The topsy-turvy legal wrangling surrounding Arkansas' unprecedented effort to 
execute 8 men in 11 days is par for the course in a state where the death 
penalty has been in a holding pattern for more than a decade, despite strong 
support for capital punishment among voters and elected officials.

Uncertainty still surrounds the unprecedented execution timeline, which was set 
to begin Monday night and continue through April 27. If carried out, they would 
be the most executions carried out by a state in that timeframe since the U.S. 
Supreme Court reinstated the death penalty in 1976.

The plan remains in limbo after a state judge blocked the use of a lethal 
injection drug a supplier says was improperly obtained and a federal judge said 
inmates could pursue a claim they're at risk of "severe pain."

Republican Gov. Asa Hutchinson scheduled the executions to occur before the 
state's supply of midazolam, a sedative used in the three-drug lethal injection 
process, expires at the end of the month. The inmates have challenged the 
compressed timeline and the use of the drug, which has been used in flawed 
executions in other states. Pharmaceutical companies don't want their drugs 
used in the upcoming executions.

The execution dates come nearly four years after the state's previous attorney 
general vented that legal challenges and a shortage of drugs used in lethal 
injections made it unlikely the state would execute any inmates in the near 
future.

"I continue to support the death penalty, but it's time to be frank. Our death 
penalty system as it currently exists is completely broken," Dustin McDaniel 
told a group of sheriffs from around the state in 2013.

Then-Gov. Mike Beebe that year announced he would have signed legislation 
outlawing capital punishment if it ever reached his desk - a prospect that was 
unlikely even before Republicans took control of the state Legislature. The 
Democratic ex-legislator and former attorney general said his thinking on the 
subject had changed after he signed death warrants, though the executions never 
took place.

"It is an agonizing process whether you are for the death penalty or against 
the death penalty," Beebe said.

It's clear that Arkansas supports the death penalty, like many other Southern 
states. Polling by the University of Arkansas in 2015 showed that a broad 
majority supported executions, and the death penalty was not an issue when 
Hutchinson ran for office a year earlier.

In an order Saturday setting aside the executions, U.S. District Judge Kristine 
Baker made it clear from the start that she wasn't attempting to decide whether 
executions were a proper way to punish Arkansas' worst criminals.

"The death penalty is constitutional," she said, citing a U.S. Supreme Court 
decision that authorized the use of the surgical sedative midazolam. 
"Competency issues aside, plaintiffs are eligible to receive it. Each of these 
... men was convicted by a jury of their peers and then sentenced to death."

Between the Christian observances of Good Friday and Easter, she wrote that 
"inherently barbaric punishments" weren't allowed: "burning at the stake, 
drawing and quartering, and crucifixion."

And she added that it is only up to Arkansans whether executions will continue.

"The court is mindful of the fact that the state of Arkansas has not executed 
an inmate since 2005, despite consistent support for capital punishment from 
Arkansawyers and their elected representatives. It is their right to decide 
whether the death penalty should be a form of punishment in Arkansas, not the 
court's," she said.

What those executions will look like was considered in political circles in 
2014, when lawyer David Sterling suggested during his run for the Republican 
nomination for attorney general that Arkansas return to electrocutions.

"The electric chair has withstood constant constitutional scrutiny throughout 
the country for many, many decades. And so with it being available as a method 
of execution, I'm not sure why we're not employing it," Sterling said then.

Leslie Rutledge, who won the GOP nomination and is now defending the state's 
execution push as attorney general, disagreed.

"The electric chair is in a museum, and that's where it belongs," Rutledge said 
that year.

(source: Associated Press)






USA:

Sanders calls for end to death penalty


Sen. Bernie Sanders (I-Vt.) on Saturday called for the U.S. to abolish the 
death penalty, as Arkansas seeks to execute 7 inmates before the end of the 
month.

"Virtually every Western industrialized country has chosen to end capital 
punishment," Sanders tweeted. "The United States should join them."

Sanders tweet came moments after a federal judge issued a preliminary 
injunction Saturday to halt Arkansas's plan to execute 7 inmates before the 
state's lethal injection drug supply expires at the end of the month.

All 7 executions were scheduled to take place before the end of April with the 
use of a lethal injection drug called midazolam.

The lawyers for the inmates challenged the short timeframe of the planned 
executions and the use of the drug, which has been linked to instances of 
flawed executions.

(source: thehill.com)