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Thread: Ronald Allen Smith - Montana Death Row

  1. #51
    Administrator Heidi's Avatar
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    No death row clemency for Canadian in Montana

    Canadian death row inmate Ronald Smith will not be granted clemency by outgoing Montana Gov. Brian Schweitzer before the governor leaves office.

    Ron Waterman from the American Civil Liberties Union says he has been informed by the Democratic governor's office that there will be no action taken in the case.

    The matter now falls to Steve Bullock, who takes over as governor today.

    Waterman said he is disappointed but not surprised.

    Smith has been on death row for more than 30 years for the 1982 murders of Thomas Running Rabbit and Harvey Mad Man Jr. near East Glacier, Mont.

    Smith, originally from Red Deer, Alta., initially asked for the death penalty, but has since changed his mind and has been fighting for his life ever since.

    http://www.cbc.ca/news/canada/calgar...chweitzer.html
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  2. #52
    Senior Member Member Slayer's Avatar
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    Is the new governor pro-DP Heidi?

  3. #53
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    As a candidate Bullock said, "In limited circumstances, I personally support the death penalty."

    Bullock was the state's chief legal official as attorney general, whose office represented the state in death penalty appeals.

    http://billingsgazette.com/news/stat...#ixzz2HJn7IHsF
    An uninformed opponent is a dangerous opponent.

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  4. #54
    Senior Member Member Slayer's Avatar
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    I see is that still 'good' in your book?

    Do you think Smith will get a date soon Heidi?

  5. #55
    Administrator Heidi's Avatar
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    Probably not. A district judge in September gave Smith a stay based on the Montana LI protocol being unconstitutional. The DOC needs to make some minor changes, and who knows how long that will take.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  6. #56
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    Board that rejected clemency bid under fire

    The Montana parole board that recommended against clemency for death-row Canadian Ronald Smith may be examined for being too tough on criminals.

    A motion being introduced by the state's Republican Sen. Terry Murphy calls for a review of the Montana Board of Pardons and Parole. It could result in limitations on the board's powers or its eventual elimination.

    Murphy said a 2011 report by the board indicates that 72 per cent of inmates in Montana were eligible for parole and 60 per cent of those were denied parole on their first try.

    "They have too much power," Murphy said in an interview with The Canadian Press.

    "A lot of non-violent offenders who qualify for parole are simply not receiving their hearings and are not being paroled. I'm not sure why except it seems like there's a real desire to keep as many people in the system as possible," he said.

    "I think the parole board is just so extremely overcautious they don't want to turn loose anybody who might conceivably make a serious crime later.

    "It's costing the taxpayers millions of dollars."

    Murphy said it's also disturbing the board has the power to add requirements on prisoners who are paroled beyond the restrictions imposed by a judge during sentencing.

    The board gave short shrift to Smith's request for clemency, not even giving reasons for why it recommended against it.

    Smith, 55, has been on death row for 30 years for the 1982 murders of Thomas Running Rabbit and Harvey Mad Man Jr. His request for clemency has been inherited by new Montana Gov. Steve Bullock, who was sworn in last week.

    Smith's lawyer, Don Vernay, said the need for a review was highlighted prior to the clemency hearing last year. A report prepared by board staff which recommended the three-member board reject clemency was leaked to The Canadian Press before the hearing was even held.

    "Seems like the current board has come under criticism for their tough-on-crime standards of operation," said Vernay.

    "Look at what they did to us. The staff didn't do their jobs and told the board what to do. There's a bunch of criteria that has to be met and when they issued their ruling they didn't give any reasons."

    Work is still going on behind the scenes by Smith's supporters.

    Lawyers representing the prisoner hope to meet with Bullock as soon as possible to renew Smith's appeal for clemency.

    Ron Waterman, a lawyer with the American Civil Liberties Union that has filed a civil action on behalf of Smith, said Bullock is familiar with the case because he is the state's former attorney general. But Waterman expects he'll take his time.

    "What he might want to do is meet with the various constituencies that have interests," he said. "He might want to meet with the Smith family. I would think he would probably want to talk to the Canadian consulate as they've been very involved.

    "I would think that before he takes any action ... he would probably want to pick up those pieces and get a sense from them on what to do and how to do it."

    Waterman suggested it comes down to "whether the governor believes in redemption and second chances."

    Vernay believes it's possible to make a compelling argument to convince Bullock to do the "right thing." It's believed that the new governor, also a Democrat, isn't an ardent supporter of the death penalty.

    There have been four executions in Montana since 1945.

    The Montana legislature will also have to deal -- again -- with legislation to abolish the death penalty altogether.

    Sen. Dave Wanzenried, a Democrat, has introduced two bills in the past which were passed by the Senate but killed by a judiciary committee. This time a bill is to be introduced in the house with the hope of a different outcome.

    "I've been the sponsor the last two times and it hasn't passed," he said.

    "Hopefully we'll see a better outcome and the work that has been done from two years ago will pay off."

    http://www.cp24.com/news/board-that-...#ixzz2Hwk2Ps6z
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  7. #57
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    Bad news for Ronald Smith: bid to abolish death penalty fails again in Montana

    A proposal to abolish Montana's death penalty has failed again — bad news for Canadian Ronald Smith, who has been on death row in the United States for 30 years.

    A bill to repeal capital punishment and replace it with life in prison was introduced in the lower house of Montana’s two-tier legislature.

    But it once again didn't get past a judiciary committee, which voted to table the bill.

    It's the same body that stalled a similar proposal that made it all the way to the senate in 2009 and 2011.

    Smith, who is 55, has been facing execution since he admitted to shooting two cousins near East Glacier, Mont., in 1982.

    He has a request for clemency before Montana's governor.

    http://www.ottawacitizen.com/life/ne...#ixzz2NRPUrizg
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  8. #58
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    Lawsuit on Montana's executions delayed

    Normally, the lawyer for a Canadian on death row in Montana would not be happy in limbo.

    But Ron Waterman, lead counsel for the American Civil Liberties Union, is gaining confidence that his lawsuit challenging the way the state carries out its executions could end up with a positive ending for Ronald Smith.

    Smith has been facing death in a small prison cell in Deer Lodge, Mont., for 30 years. He refused a plea bargain in 1983 that would have seen him avoid death row for killing two Montana men, but soon changed his mind and has been fighting his execution ever since.

    He has all but run out of legal options. A request for clemency is currently before Montana's governor.

    The civil liberties union filed a lawsuit in 2008 on behalf of Smith and another death row inmate. It argues that the lethal injection used in the state is cruel and unusual punishment and violates the right to human dignity.

    A 2011 ruling in Montana District Court pointed to such problems as lack of training for individuals who administer the drugs and a discrepancy over whether two or three drugs should be used. Judge Jeffrey Sherlock also questioned how it's determined if an inmate is unconscious before receiving a lethal injection.

    Sherlock ordered the state to change the statute governing its execution protocol.

    The state is trying to bypass a requirement that it needs legislative approval to change the way it carries out executions. A hearing date was set for July but has been pushed back a year.

    Waterman said Sherlock will instead be asked to simply look at the evidence and issue a summary ruling. That could happen as early as this fall.

    "My prediction is the court is going to say again the only way to go forward is to fix the statute, which is what the judge said last time," said Waterman in an interview with The Canadian Press from Washington, D.C.

    Waterman said the current law is "too specific." It includes a requirement that an ultra-fast-acting barbiturate be used to spare prisoners any unnecessary suffering. But sodium pentothal, which fits the criterion, is not manufactured in the United States or the European Union and cannot be imported, he said.

    "The statute dictates a procedure they can't carry out and so they have to change the statute, but I don't think the statute is capable of being changed."

    Waterman suggested the legislature is a house divided when it comes to the death penalty and is unlikely to agree to any changes in a vote.

    He said it's very possible that Montana could retain the death penalty but not be able to proceed with any executions. That would leave the fate of death-row prisoners such as Smith in permanent limbo.

    "I can live with that compromise," said Waterman, who noted it would also mean that Montana Gov. Steve Bullock wouldn't have to deal with the thorny issue.

    "I would think (he) would probably be most happy to leave it in that fashion. When he was attorney general and was aware of this problem he never attempted to fix the statute."

    Smith, originally from Red Deer, Alta., was convicted for shooting Harvey Madman Jr. and Thomas Running Rabbit while he was high on drugs and alcohol. He had been taking 30 to 40 hits of LSD and consuming between 12 and 18 beers a day at the time of the murders.

    Smith has had a number of execution dates set and overturned.

    http://www.montrealgazette.com/news/...#ixzz2U3fTTwIn
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  9. #59
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    Montana executions: lawyers want summary decision that could affect Ronald Smith

    A Montana judge is being asked for a summary decision on a request by the state that seeks approval to bypass the legislature over the way executions are carried out.

    A ruling by District Court Judge Jeffrey Sherlock last year declared the state's method of execution unconstitutional. That gave hope to Canadian Ronald Smith, who faces the death penalty for the 1982 murders of two Montana men.

    But the state of Montana convinced Sherlock to hear its arguments in an attempt to bypass the need for legislature approval before the state can change its execution method to address the judge's concerns.

    A three-day hearing was scheduled for next week. But lead lawyer Ron Waterman of the American Civil Liberties Union says he has filed a request for a summary judgment, which would allow the judge to weigh the evidence he has already seen and make a ruling without full court proceedings.

    The civil liberties union filed a lawsuit in 2008 on behalf of Smith and another death-row inmate that argued lethal injection is cruel and unusual punishment and violates the right to human dignity.

    In his original ruling, Sherlock pointed to problems such as lack of training for individuals who administer the drugs and a discrepancy over whether two or three drugs should be used. He also questioned the method used to determine if an inmate is actually unconscious before receiving the lethal injection.

    "All three of these concerns create a substantial risk of serious harm violative of the plaintiff's right to be protected from cruel and unusual punishment,'' the judge said in his 26-page judgment.

    He indicated the state legislature needed to rejig its statutes to bring the execution protocol in line with Montana's constitution. The legislature route is complex and both Waterman and legislators have indicated it might be a steep hill to climb to get the changes through.

    There is a stay on all executions in Montana until the issue is resolved.

    Smith, originally from Red Deer, Alta., has been running out of legal options since he was convicted in 1983 for shooting Harvey Madman Jr. and Thomas Running Rabbit, while he was high on drugs and alcohol near East Glacier, Mont.

    He had been taking 30 to 40 hits of LSD and consuming between 12 and 18 beers a day at the time of the murders. He refused a plea deal that would have seen him avoid death row and spend the rest of his life in prison. Three weeks later, he pleaded guilty. He asked for and was given a death sentence.

    Smith later had a change of heart and has had a number of execution dates set and overturned.

    http://www.courierislander.com/news/...smith-1.524730
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  10. #60
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    State asks judge to back execution changes

    The state has asked a judge to back the changes it made to its lethal-injection procedures and dismiss the claims of two death-row inmates and a civil-liberties group that the revisions still put condemned prisoners at risk of unnecessary suffering.

    The American Civil Liberties Union, Ronald Allen Smith and William Gollehon are rehashing old arguments and improperly bringing up new ones in asking District Judge Jeffrey Sherlock to rule the execution changes unconstitutional, Assistant Attorney General Mark Fowler said in Friday’s filing.

    The changes made in January by the Montana Department of Corrections were done to address the clearly defined constitutional concerns Sherlock stated in a September order, Fowler said.

    The biggest revisions include going from a three-drug lethal-injection cocktail to one that uses two drugs, and employing a “qualified person” to determine whether an inmate has lost consciousness.

    But the inmates and the ACLU “apparently believe they have license to raise any argument that newly comes to mind” and attempt to bring back old arguments that already have been decided by the judge and should be barred, Fowler said.

    Sherlock ruled in September that state law required two drugs to be used, not three, and the previous procedures did not ensure qualified individuals were verifying the inmate was incapable of feeling pain before the final drugs were administered.

    The new procedure calls for an injection of the barbiturate sodium pentothal to put the inmate into a coma, followed by an injection of a paralytic agent called pancuronium bromide.

    The revisions eliminate the third drug, potassium chloride, which is used to stop an inmate’s heart.

    Sodium pentothal is no longer manufactured in the U.S., and it can’t be imported. The Department of Corrections said another barbiturate, pentobarbital, can be substituted for sodium pentothal.

    The plaintiffs argued that pentobarbital is not an adequate substitute for sodium pentothal and the two-drug procedure creates the risk that the inmate will suffer before death. Many states now use a one-drug procedure, the inmates’ attorneys argued.

    The changes were made without input from medical professionals and the revisions don’t spell out how the warden will choose the qualified person to monitor the inmate or how the drugs will be administered, according to the inmates’ attorneys.

    Fowler dismissed all those claims, saying they weren’t relevant to the judge’s past order or should have been brought up earlier.

    A 5-gram dose of pentobarbital will cause death in virtually anybody, and the subsequent injection of pancuronium bromide will prevent the person from being able to breathe. Both pentobarbital and pancuronium have been upheld by Montana and other courts in executions, Fowler said.

    The Department of Corrections is exempt from the normal rule-making process when it comes to public input, and death-row inmates don’t have the right to set the rules on how they are to be executed, Fowler argued.

    “The operation of penal institutions is primarily based upon a military model,” he said.

    http://www.greatfallstribune.com/vie...cution-changes
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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