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Thread: Russell Earl Bucklew - Missouri Execution - October 1, 2019

  1. #101
    Moderator mostlyclassics's Avatar
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    I am really impressed, clerks of Eighth District Court of Appeals (who wrote the summary)!

    The summary in the quote box above, once stripped of the header and the signatures, is one single sentence consisting of 501 words!

    C'mon, folks: would using a period every once in a while really kill you?

    [Edited in light of message #112 immediately below.]

  2. #102
    Administrator Heidi's Avatar
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    It's not written like that on the opinion. The opinion was 17 pages long. The quote is a summary.
    An uninformed opponent is a dangerous opponent.

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

  3. #103
    Senior Member CnCP Legend Mike's Avatar
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    Bucklew attorneys file new complaint with execution method

    Attorneys for Russell Bucklew have filed a fourth amended complaint in U.S. District Court to determine the method of his execution, and the court has ordered the state to respond by Friday.

    Bucklew, 47, of Cape Girardeau, received a last-minute stay of execution last year because of a medical condition attorneys argued could make lethal injection cruel or bloody.

    Bucklew has been on death row since 1997 after being convicted of murder, kidnapping and rape.

    Bucklew suffers from extensive vascular tumors in his face and throat that have worsened the longer Bucklew has been in prison. He is incarcerated at Potosi Correctional Center in Potosi, Missouri.

    "Mr. Bucklew has a very large tumor growing in his face, occupying his nose, throat and airway passages and causing him to experience constant facial and nasal cavity pain and pressure, as well as constant difficultly breathing," Emory University anesthesiology professor Joel Zivot wrote in the case. "Mr. Bucklew's airway is also friable, meaning it is weak and could readily tear or rupture. If you touch it, it bleeds."

    Nanci Gonder, press secretary for the Missouri attorney general's office, said the state plans to file a motion to dismiss the case Monday.

    "What happens next depends on how the state responds, and with what type of filing," one of Bucklew's attorneys, Lindsay Runnels, wrote in an email to the Southeast Missourian.

    The complaint gives the state an alternate means of execution -- lethal gas as a "feasible and available alternative method that will significantly reduce the risk of severe pain."

    According to media reports, the state of Missouri last used the gas chamber for executions in 1965.

    This satisfies a requirement offered by the U.S. Supreme Court in its decision in Gossip vs. Gloss, which decided June 29 that Oklahoma could continue to use the lethal-injection drug midazolam. Lethal gas remains an option in Missouri but is not used, Gonder told ABC News in 2012.

    Missouri has executed six prisoners in 2015, all by lethal injection. But only one, Roderick Nunley, on Sept. 1, was executed by lethal injection since the Gossip vs. Gloss decision, according the Death Penalty Information Center.

    Bucklew was sentenced to death by a jury in July 1997. He was convicted of murder, kidnapping and rape in April 1997.

    He killed Michael Sanders in Cape Girardeau in front of Sanders' 6-year-old son and kidnapped and raped his former girlfriend, who had been living with Sanders.

    The complaint in Bucklew's case argues that any attempt to execute him by lethal injection will "lead to a prolonged and tortuous execution, with Mr. Bucklew hemorrhaging, struggling to breathe and suffocating."

    "These vascular abnormalities also create a great risk that the lethal drug will not circulate as intended in Mr. Bucklew's body, leading to a prolonged and very painful death," the complaint stated.

    The complaint states execution by lethal injection would violate the Eighth Amendment of the U.S. Constitution, which prohibits cruel and unusual punishment.

    "A punishment is cruel and unusual if it creates a substantial risk of severe and unnecessary pain," Runnels wrote.

    Bucklew was one of 20 plaintiffs in a case filed in Missouri district court in 2012, but his case was separated because of his unusual medical condition. Since that case was originally filed, the Missouri Department of Corrections announced it was changing its lethal-injection drug from propofol to pentobarbital in October 2013.

    "The substance(s) that Missouri DOC uses to execute a prisoner by lethal injection makes no difference in Mr. Bucklew's case," Runnels wrote.

    In 2011, the Missouri Supreme Court denied a writ of mandamus from Bucklew, asking for expert services for his medical care. He also was denied such a request in 2009.

    http://www.semissourian.com/story/2246194.html
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  4. #104
    Administrator Aaron's Avatar
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    Execution date set for convicted killer

    COLUMBIA, Mo. - The Supreme Court of Missouri announced on Tuesday that a warrant of execution was signed for Russell Bucklew.

    In 1997, a jury convicted Bucklew of first-degree murder, kidnapping, and first degree burglary and recommended the death sentence, court documents show.

    He was accused of fatally shooting his ex-girlfriend's presumed new boyfriend, Michael Sanders, and firing at Sanders' son, 6, before kidnapping Stephanie Ray Pruitt. After raping his ex-girlfriend, he became involved in a gunfight with authorities, during which Bucklew and a Missouri state trooper were injured, according to court documents.

    In 2014, the United States Supreme Court halted the execution of Bucklew after Bucklew's attorneys said the combination of the secrecy surrounding the execution drug and Bucklew's medical condition affecting his blood vessels made for an unacceptably high risk that he would experience extreme pain if injected with a lethal dose of pentobarbital.

    According to the warrant of execution, Bucklew is scheduled to be executed on March 20.

    http://www.abc17news.com/news/execut...ller/660096124
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  5. #105
    Senior Member CnCP Legend Mike's Avatar
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    What changed in the past four years that cleared the way for a new date?

  6. #106
    Administrator Aaron's Avatar
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    Not sure. But setting a new date to speed things up worked with Christeson. Hopefully the tactic works here too.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  7. #107
    Administrator Moh's Avatar
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    On February 2, 2018, oral argument will be heard in Bucklew's appeal before the Eight Circuit. The panel will be made up of Judges Wollman (Reagan), Loken (G.H.W. Bush) and Colloton (G.W. Bush).

    http://media.ca8.uscourts.gov/webcal/feb18spec.pdf

  8. #108
    Administrator Aaron's Avatar
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    Federal court upholds March 20 execution of Missouri inmate

    A federal appeals court has OK'd the execution of a Missouri man who suffers from a medical condition he says would make the lethal injection unconstitutionally painful.

    Russell Bucklew, 49, was sentenced to death in 1996 for shooting and killing a romantic rival, and kidnapping and raping his ex-girlfriend. His execution is set for March 20.

    Bucklew has cavernous hemangioma, which causes his blood vessels to form tumors inside his body, especially in areas like the nose and throat. The federal civil rights lawsuit filed in 2014, just days before his originally scheduled execution, said the disorder means the execution drug, pentobarbital, will not circulate well enough to be effective. The tumors could also burst under the stress, the suit said, causing Bucklew to choke on his own blood.

    In a 2-1 opinion released Tuesday, a three-judge panel of the 8th Circuit Court of Appeals wrote that Bucklew had not suggested a less-painful or less-risky method of execution, a step that is required by earlier court opinions. The panel heard the case in a special session because of the scheduled execution.

    An attorney for Bucklew, Cheryl Pilate, said the decision was disappointing, and she planned to ask the full appeals court to hear the case.

    http://news.stlpublicradio.org/post/...nmate#stream/0
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  9. #109
    Member Member DavidO's Avatar
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    Yet another Death Row inmate that is claiming severe issues with obtaining I.V access (noted in briefs filed with SCOTUS for stay of execution). I now wonder whether SCOTUS will stay this execution in light of execution attempts of Alva Campbell (deceased) and Doyle Lee Hamm? If not, what happens If IV access is unobtainable, will this add to the call for abolishing the DP? Surely there can only be a small number of failures before the appellate and supreme courts start to take notice and place a moratorium on further lethal injection until alternatives can written into statute.

  10. #110
    Administrator Aaron's Avatar
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    If the Clayton Lockett execution didn't cause lethal injection (or even midazolam) to be outlawed, nothing really will under this SCOTUS.

    Bucklew has never claimed his veins aren't accessible, but that his condition would cause veins to rupture/simulate suffocation. Both are false. He has had surgery while on death row and received anesthesia intravenously without incident. Read Missouri's response to the application for more info.

    So do I think SCOTUS will stay this? No. But it will probably generate 2 or 3 dissents from the usual suspects.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

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