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Thread: Arizona Capital Punishment News

  1. #121
    Administrator Helen's Avatar
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    Sidley Austin Secures Ariz. Death Penalty Reforms

    It took 2 hours for the state of Arizona to execute Joseph Woods, 55, in 2014. Woods spent much of that time gasping and struggling to breathe as the state continued to administer additional doses of an experimental combination of fatal drugs, while observers watched through a window with the audio feed deliberately turned off.

    In June, attorneys from Sidley Austin LLP and the Federal Public Defenders reached a deal that resolved the last remaining claims in the 6-year litigation challenging the way the state handled the Woods execution.

    The settlements in the case, brought as a pro bono matter on behalf of the First Amendment Coalition of Arizona and 7 death row inmates, imposed restrictions on the drugs that Arizona can use in its executions and its discretion to modify the execution procedure, though the state scored a victory on keeping supplier identities secret. In the most recent settlement, Arizona also agreed it would not mute the sound of future executions, a 1st Amendment victory.

    "For us, we saw an opportunity to vindicate an important set of civil rights both for the prisoners and for the public," said Collin P. Wedel, a Sidley associate who has worked on the case since 2014. "In addition to trying to make sure that Arizona wouldn't use these problematic drugs again, we also wanted to bring accountability and transparency to a process that has very much become shrouded in secrecy."

    The Woods case was originally filed before the execution, with Woods' attorneys seeking more information about the drugs that would be used. The execution was initially stayed by the Ninth Circuit, but then allowed to proceed by the U.S. Supreme Court.

    Arizona used a combination of the sedation drug midazolam and the opiate hydromorphone, which had been used in different dosages in another botched execution in Ohio.

    When the execution process did not go to plan and Woods appeared to wake up from sedation, the state continued to give additional doses of both drugs while Woods gasped for air, eventually administering 13 times the planned dosage.

    Between the administration of the first dose and Woods' time of death, 117 minutes elapsed.

    After the execution, the lawsuit against the Arizona Department of Corrections Director Charles L. Ryan was amended to challenge the states' decision not only to use midazolam and hydromorphone, but also to deviate from its own execution protocols on the fly and to shut off the audio feed from the execution chamber, among other claims.

    The broadened lawsuit took larger aim at Arizona's death penalty processes. The case focused on First Amendment claims challenging the secretive process, 8th Amendment claims alleging that the drugs used amounted to cruel and unusual punishment, and 14th Amendment claims regarding the way the execution protocols were carried out and modified.

    It was at this point that the Federal Public Defenders, who represented Woods, reached out to Sidley to help with the new phase of litigation.

    "We had worked with the Federal Public Defenders office over a lot of different litigation over a number of years," explained Joshua E. Anderson, a partner at the firm. That relationship made this a natural case for the firm to take on pro bono, he said.

    For years, there had been problems with Arizona executions, Dale Baich with the Federal Public Defenders office told Law360.

    It's something the Ninth Circuit itself also highlighted in one appeal during the Woods litigation, noting that members of the court had previously raised concerns with how Arizona had a pattern of deviating from its lethal injection protocols at the last minute and with the state's general "shroud of secrecy" over its executions.

    Baich said, "With each execution, what happened is we got more evidence to show what the state was doing was either hurting our clients or somehow violating the law."

    In addition to the challenges to the protocols and drugs themselves, the First Amendment piece of the lawsuit was also key, he explained.

    "We wanted to make sure that whatever drugs are used, that the drugs are going to be effective and our clients won't suffer," he said. "But also from the public's perspective, the government is carrying out this profound act and citizens should be aware of everything that goes on in order to be able to hold the government accountable."

    The 1st Amendment claims in the suit were initially dismissed by the district court, with the 8th and 14th Amendment claims moving forward. The attorneys eventually negotiated an agreement with the state that it would cease using the 2 drugs in question, and that if it violated the agreement, it would be on the hook for Sidley's attorney fees in the suit to that point.

    "We wanted a mechanism by which we could ensure that they were going to live up to their obligations under that order even as administrations changed in the state," Anderson explained.

    The attorneys also later negotiated an agreement limiting the ability to deviate from the established execution protocols. With the 8th and 14th Amendment claims thus dealt with, Sidley and the public defenders were then able to appeal the dismissal of the First Amendment claims.

    In a precedential opinion in November, the Ninth Circuit refused to revive efforts to obtain more information about drug suppliers or about the qualifications of those performing the execution, but did revive the claims related to the execution audio.

    "Execution witnesses need to be able to observe and report on the entire process so that the public can determine whether lethal injections are fairly and humanely administered," the court ruled. "Barring witnesses from hearing sounds after the insertion of intravenous lines means that the public will not have full information regarding the administration of lethal-injection drugs and the prisoner's experience as he dies."

    Though the attorneys for Woods hailed the resolution of the case as a victory, the state of Arizona highlighted that the state was able to reserve the right to not reveal information about the identity of lethal injection drug suppliers.

    "Anti-death penalty activists continue to file lawsuit after lawsuit, attacking the court system and seeking retaliation against companies lawfully supplying execution drugs," Arizona Attorney General Mark Brnovich said in a statement. "Meanwhile, the victims' families continue to suffer as justice is further delayed. Enough is enough. Justice demands that the law be enforced and that those convicted of the ultimate crimes be held accountable for their gruesome acts."

    For Wedel, who was born and raised in Arizona, reaching the district court settlement ensuring audio access during executions was "very rewarding."

    "It was meaningful for me to go back to my home state and make sure that they were following the constitution scrupulously, and to be involved in a case that really did effect real constitutional change," said Wedel.

    Sidley, which has a long history of taking on litigation related to capital punishment, has since filed several cases making similar claims in other states.

    Baich called the relationship with Sidley "a great partnership" and an important part of securing relief in the suit.

    "We are death penalty lawyers," he explained. "We represent clients in habeas corpus proceedings. We're not experts when it comes to civil litigation."

    The Woods case was Wedel's and Anderson's first foray into death penalty cases, and both said they were proud of the impact in Arizona, where the attorney general's office has said there are 115 inmates currently on death tow, including 20 who have fully exhausted their appeals.

    "While this case was never about challenging the constitutionality of the death penalty writ large," Anderson said, "I think it is worth noting that, in addition to all of the specific relief that we have obtained, that in the state of Arizona there has not been an execution since Mr. Woods' execution."

    (source: law360.com)
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  2. #122
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    Arizona moves closer to resuming executions after 6-year hiatus

    Arizona may be one step closer to resuming executions after a six-year hiatus. Attorney General Mark Brnovich on Thursday notified Gov. Doug Ducey that he has found a drug supplier.

    Last month, shortly after federal officials announced they had acquired the needed drug and would resume executions, Brnovich asked Ducey to help him access the drugs to also resume the practice in Arizona.

    Many manufacturers have refused to sell the drugs for execution purposes, making acquiring them a challenge for both the federal government and states.

    There are more than 100 people on death row in Arizona and 20 of them have exhausted their appeals. The crimes date back to the 1970s.

    The last person to be executed in Arizona was Joseph R. Wood in 2014. A controversial drug cocktail left him snorting and gasping for nearly two hours before he died.

    Brnovich in his letter Thursday asked Ducey to not delay in securing the drug, pentobarbital. He said finding a supplier is a "significant development that removes all barriers" for the state.

    "We must uphold the rule of law and respect court-ordered sentences," Brnovich wrote. "It is our solemn obligation to all victims of heinous crimes, their families, and our communities, some of who have been waiting for decades, for justice to be served."

    During a news conference Thursday, Ducey was asked about his lack of response to Brnovich's request for help.

    "I haven't been reticent, there's been no opportunity," Ducey said.

    He said he had just received the letter and he would provide a response once he receives more information.

    Getting access to the drug

    Arizona officials have tried for years to access the drugs and resume executions.

    State officials in 2015 tried to ship thiopental from out of the country, but federal officials impounded the drug at Phoenix Sky Harbor International Airport.

    In 2017, the Arizona Department of Corrections posted execution procedures that require executions to be carried out using either of two barbiturates, pentobarbital or thiopental

    The federal government is using pentobarbital. The U.S. Supreme Court upheld the Federal Bureau of Prisons' protocol using the drug.

    The U.S. Court of Appeals for the Ninth Circuit upheld an Arizona law that protects the identity of individuals who supply the drugs to the state, a move some believe will make suppliers more willing to provide them for execution purposes.

    "The disclosure of suppliers' identities makes it more difficult to obtain drugs as it has given rise to harassment or retaliation by death penalty opponents," Brnovich wrote in his July letter. "The Ninth Circuit's opinion now alleviates any such concern."

    Death Row

    The Arizona Department of Corrections, Rehabilitation and Reentry will work with the attorney general and governor to decide who will be the first people to be executed.

    Katie Conner, spokeswoman for the attorney general, said the overall court process can be daunting for families of victims. She said Brnovich has met with several families and hearing their pain is "heartbreaking."

    “Far too often we focus on the convicted killers in these cases," she said. "Meanwhile, the victims’ families continue to suffer as justice gets further delayed. Those convicted of the ultimate crimes need to be held accounta

    In his letter to Ducey last month, Brnovich shared the story of Vicki Lynne Hoskinson. The 8-year-old child was murdered by Frank Atwood.

    Her mother, Debbie Carlson said families and communities need closure.

    "Our loved ones' lives were taken by these monsters. They were sentenced to death. It should not take 33-plus years to carry out that sentence," she told The Republic in July. "Our family and communities need closure. I implore Governor Ducey to order the Arizona Department of Corrections to procure the drugs necessary to complete the executions."

    https://www.azcentral.com/story/news...ey/5619537002/


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  3. #123
    Moderator Ryan's Avatar
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    Governor: More work to do before death row inmates are executed

    Over the past year, the Arizona attorney general has reminded Gov. Doug Ducey about the state's six-year hiatus on executions. Victims' families and Attorney General Mark Brnovich have advocated for their return.

    With the troubled history of executions in Arizona, the process of restarting capital punishment is not easy.

    For more than six years, Arizona did not have the lethal drugs needed for an execution. It has struggled to obtain them when many manufacturers, nationally and internationally, have refused to sell the drugs for execution purposes.

    In an August letter, Brnovich wrote to Ducey informing him that a supplier was found.

    "We must uphold the rule of law and respect court-ordered sentences," Brnovich wrote. "It is our solemn obligation to all victims of heinous crimes, their families, and our communities, some of who have been waiting for decades, for justice to be served."

    After the federal government announced it was resuming executions and was planning to use the drug pentobarbital, Brnovich sent a letter in July to the governor as a reminder of the state's struggle.

    According to Ducey's office, the governor told the Arizona Department of Corrections, Rehabilitation and Reentry to obtain the drug and take the additional steps that are needed.

    "The governor takes this issue very seriously and he believes we have a legal obligation," said Daniel Scarpinato, Ducey's chief of staff.

    However, the governor's office said even though a supplier was found, there was more work to do before the more than 100 people on death row will have their sentence imposed. The state needs to find a compounding pharmacist to prepare the drug, ensure the process is done legally and prepare a schedule for executions.

    The journey to find a supplier

    The last person to be executed in Arizona was Joseph Rudolph Wood in 2014. A controversial drug cocktail left him snorting and gasping for nearly two hours before he died. The execution led to a lawsuit and a series of settlements over Arizona's execution protocols.

    Arizona officials have tried for years to access the drugs and resume executions. According to Scarpinato, a team at the Department of Corrections has worked for at least a year on finding a drug supplier.

    He said the team has found it to be a challenging process. Arizona officials have talked to federal officials and those in other states. Those in other states have said the process of finding a supplier and a compounding pharmacist is difficult.

    "It's complicated. It's challenging to find this in a way that is legal and safe," Scarpinato said.

    In 2015, Arizona tried to ship thiopental from out of the country. When it arrived at Phoenix Sky Harbor International Airport, the Food and Drug Administration flagged the shipment and it was held by Customs. The FDA and the Drug Enforcement Administration refused to give the drug back to Arizona.

    Last year, the U.S. Department of Justice issued an opinion stating the FDA did not have jurisdiction for regulating drugs for executions.

    The federal government resumed executions in July after a 17-year hiatus, with the drug pentobarbital. The U.S. Supreme Court upheld the Federal Bureau of Prisons' protocol using the drug.

    "The successful acquisition of pentobarbital demonstrates there is at least one supplier willing to sell the drug to governmental entities for lethal injection," Brnovich wrote in a July letter to Ducey.

    What needs to be done?

    The Arizona Attorney General's Office told The Republic half of the problem has already been solved since it found a supplier.

    "We have offered several times to assist the governor to resume executions and the offer still stands," said Katie Connor, spokeswoman for the office. "Attorney General Brnovich is committed to ensuring justice for victims. Justice delayed is justice denied."

    Daniel Ruiz, Ducey's chief operating officer, said it is more than having the drug.

    "You need to make sure it is available in the form that can be injected," he told The Republic.

    He said pentobarbital is a solid drug and a compounding pharmacist is required to ensure that it is in the proper form for an execution. Finding a pharmacist for the process is equally difficult as finding a supplier, according to Ruiz.

    Many states are not able to share which supplier and pharmacist they are working with because the information is confidential, but they are able to share leads, Ruiz said.

    The U.S. Court of Appeals for the 9th Circuit upheld an Arizona law that protects the identity of individuals who supply the drugs to the state, a move Brnovich believes will make suppliers more willing to provide them for execution purposes.

    "The disclosure of suppliers' identities makes it more difficult to obtain drugs as it has given rise to harassment or retaliation by death penalty opponents," Brnovich wrote in his July letter. "The Ninth Circuit's opinion now alleviates any such concern."

    Once the state is ready to proceed, the governor, the Department of Corrections and the attorney general will work together to decide the schedule of executions and who will be first in line.

    Victims' families seek justice

    Multiple families of victims have wrote to Ducey asking for him to give their loved ones' justice.

    "The governor's heart goes out to these families of the victims," Scarpinato said. "He wants to see justice. He wants to see the law followed."

    Scarpinato said Ducey told the Department of Corrections to make this of its priorities. The department is also focusing on the COVID-19 inside the prisons. As of Wednesday there were 2,131 cases among inmates and 14,788 test results are pending.

    Leslie Bowdoin James wrote to the governor in July and last month. Her sister, Deana Bowdoin, 21, was a student at Arizona State University at the time of her murder in 1978.

    Her murder was a cold case until the Tempe Police Department used DNA technology to find the killer. Clarence Wayne Dixon was serving a life sentence for sexual assault. His DNA was connected to the scene of Deana Bowdoin's murder, and he was sentenced to death.

    Leslie Bowdoin is the only member of her sister's immediate family that is still alive. She urged Ducey to uphold victims' rights to justice and take steps to complete the sentences of people on death row.

    "For the first time in 42 years, I am hopeful that we are close to seeing justice for Deana, our family, her friends and all of this inmate’s other victims," she wrote.

    Debbie Carlson, the mother of Vicki Lynne Hoskinson, has written to Ducey multiple times as well.

    Frank Atwood murdered Vicki Lynne when she was 8 years old. This month marks 36 years since the child's death.

    Carlson told The Republic in July that she applauds Brnovich for taking the lead to request the restart of executions.

    "Our loved ones' lives were taken by these monsters. They were sentenced to death. It should not take 33-plus years to carry out that sentence," she said. "Our family and communities need closure. I implore Governor Ducey to order the Arizona Department of Corrections to procure the drugs necessary to complete these executions."

    https://eu.azcentral.com/story/news/...ed/5684078002/
    "How do you get drunk on death row?" - Werner Herzog

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  4. #124
    Senior Member CnCP Legend Neil's Avatar
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    Arizona finds pharmacist to prepare lethal injections

    PHOENIX — Arizona has found a compounding pharmacist to prepare the drug pentobarbital for lethal injections, officials said Tuesday, moving the state closer to resuming executions after a six-year hiatus.

    Finding a pharmacist to prepare lethal injections was one of the barriers the state faced since it put executions on hold after a botched execution in 2014. In August, Attorney General Mark Brnovich said the state had located a supplier of the drug.

    As Brnovich revealed that his office had found a pharmacist, Arizona Department of Corrections, Rehabilitation and Reentry Director David Shinn said his agency had already started the process of obtaining the drug and had found a compounding pharmacist.

    In a letter Tuesday to Gov. Doug Ducey, Brnovich pointed out 20 of Arizona’s 116 death row inmates have exhausted all appeals of their sentences.

    Many of those inmates committed heinous murders decades ago,” the attorney general wrote. “We must ensure that justice is served for the victims, their families and our communities.”

    Dale Baich, chief of the unit in the Federal Public Defender’s Office in Arizona that represents inmates in death penalty appeals, said he’s concerned about whether the compounding pharmacist is qualified to provide such a drug. “There are questions that still need to be considered.”

    Executions in Arizona were put on hold after the death of Joseph Wood, who was given 15 doses of a two-drug combination over two hours. His attorney had said the execution was botched.

    Wood was executed for the 1989 shooting deaths of his estranged girlfriend, Debra Dietz, and her father, Eugene Dietz, at an automotive shop in Tucson.

    In recent years, Arizona and other states have struggled to buy execution drugs after U.S. and European pharmaceutical companies began blocking the use of their products in lethal injections.

    Five years ago, the state tried to import sodium thiopental, which had been used to carry out executions but was no longer manufactured by companies approved by the Food and Drug Administration.
    The state never received the shipment because federal agents stopped it at the Phoenix airport and the state lost an administrative challenge to the seizure.

    https://www.google.com/amp/s/ktar.co...njections/amp/

  5. #125
    Senior Member CnCP Legend Neil's Avatar
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    This state is just grandstanding at this point in resuming executions. Ducey and Brnovich are at each other’s necks. Ducey doesn’t want them to resume while Brnovich does.

    In Oklahoma, Hunter and Stitt are both working hand in hand to get executions back on track. The only way Arizona can resume if Brnovich became Governor.

  6. #126
    Senior Member CnCP Addict johncocacola's Avatar
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    The election next week should give a hint about whether Brnovich has a chance in 2022.

  7. #127
    Senior Member CnCP Legend Neil's Avatar
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    I think Trump will capture Arizona. I think he’s going to win bigger than last time. More so than what people think.

  8. #128
    Senior Member CnCP Addict johncocacola's Avatar
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    Without getting too political on a death penalty forum, the suburban defections in Arizona (Texas too) are not sustainable for the Republicans, but the inroads they’ve made with Latinos could be enough to keep the state red.

  9. #129
    Senior Member CnCP Legend Neil's Avatar
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    Yes which is why Republicans should fight tooth and nail to preserve sun belt states like Texas, Florida, Georgia, etc. If they went the way of Virginia that’s a nightmare scenario for them. Virginia used to be a shining example of a good death penalty state with fast appeals now its death row is a joke.

    Ducey also removed 3 offenses from the penal code last year. There are now eleven things punishable by death in Arizona.

  10. #130
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    Why has Arizona not already restarted? They have a drug supplier, a pharmacist and enough inmates with exhausted appeals. Where is the problem?

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