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Thread: Charles L. Lorraine - Ohio

  1. #11
    Administrator Heidi's Avatar
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    Judge halts killer's Ohio execution, scolds state

    A federal judge on Wednesday delayed next week's execution of a man who stabbed to death an elderly couple, saying the state had once again failed to follow its own rules for executions.

    U.S. District Court Judge Gregory Frost said he does not want to micromanage Ohio executions but added that the Department of Corrections has left him no choice by disobeying his previous orders. Charles Lorraine was scheduled to die by injection on Jan. 18.

    Frost said the state failed to document the drugs used in its last execution in November and failed to review the medical chart of the inmate who was put to death.

    Frost scolded the state in his opinion by saying if Ohio would do a better job of explaining why it might deviate from its policies, it might not be in this position.

    "Do not lie to the Court, do not fail to do what you tell this Court you must do, and do not place the Court in the position of being required to change course in this litigation after every hearing," Frost wrote. "Today's adverse decision against Defendants is again a curiously if not inexplicably self-inflicted wound."

    Both the prisons system and the Ohio attorney general's office were reviewing the decision and could not immediately comment. The state has usually, but not always, appealed similar decisions by Frost to the 6th U.S. Circuit Court of Appeals.

    Lorraine's attorneys applauded Frost's decision. The "ruling makes it clear that the Constitution protects all individuals against the power of the state and that the government, too, must follow the law," said federal public defender Allen Bohnert.

    Lorraine, 45, of Warren, spent years unsuccessfully appealing his death sentence. Records show Lorraine stabbed 77-year-old Raymond Montgomery five times with a butcher's knife and stabbed his bedridden wife, 80-year-old Doris Montgomery, nine times before burglarizing their Trumbull County home in 1986.

    Gov. John Kasich on Tuesday rejected Lorraine's plea for mercy on the grounds of a troubled childhood, lousy legal representation and a prosecutor who violated rules of conduct at trial.

    Kasich followed the opinion of the Ohio Parole Board, which said that Lorraine's siblings overcame the same upbringing and that any prosecutorial misconduct would not have affected the trial's outcome.

    The board also said Lorraine targeted a vulnerable couple, then slaughtered them and stole their valuables.

    Frost acknowledged in his opinion that the state's departures from the rules seemed minor on the surface, but that Lorraine's attorney had provided enough evidence that they mattered. Frost said the issue was the state's failure to follow its own protocol to the letter, not the seriousness of any violations.

    In the Nov. 15 execution of Reginald Brooks, evidence indicates that Ohio failed to review Brooks' medical chart upon his arrival at the Southern Ohio Correctional Facility in Lucasville, home to Ohio's death house, as required by the state's policies.

    An inmate's medical status, especially the condition of his veins, has been an issue since 2009 when executioners tried unsuccessfully to insert needles into an inmate's veins before the execution was finally called off. Inmate Romell Broom remains on death row, appealing the state's right to try to execute him again.

    Executioners also failed to properly "document the name or description, the expiration date, and the lot number of the execution drugs used" in Brooks' execution, Frost said.

    Brooks was executed for shooting his three sons as they slept in 1982, shortly after his wife filed for divorce.

    Frost called the case frustrating.

    "Ohio has been in a dubious cycle of defending often indefensible conduct, subsequently reforming its protocol when called on that conduct, and then failing to follow through on its own reforms," he said.

    http://www.boston.com/news/nation/ar..._scolds_state/

  2. #12
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    Ohio appeals judge's order halting execution

    A federal judge on Wednesday delayed next week's scheduled execution of a man who stabbed to death an elderly couple, saying Ohio's corrections department had once again failed to follow its own rules for executions. The state immediately appealed.

    The Ohio Attorney General's office said it was appealing to the 6th U.S. Circuit Court of Appeals.

    The prison system believes it "performs executions in a constitutional and humane manner," said spokeswoman JoEllen Smith.

    http://trib.com/news/national/us/ohi...#ixzz1jCl3zBa0

  3. #13
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    Ohio: Changes in Execution Process Constitutional

    The deviations from official death penalty procedures made during an execution last year were minor changes that wouldn't cause pain to an inmate or violate his rights, the state said in a filing Friday seeking to overturn a judge's ruling that postponed next week's execution of a man who stabbed an elderly couple to death 25 years ago.

    Attorneys for the state had argued previously that the changes were negligible, and they said Friday the execution should proceed.

    "Lorraine failed to make any showing that there is a sure or very likely risk that he will suffer severe pain," Principal Assistant Attorney General Charles Wille said in a filing with the 6th U.S. Circuit Court of Appeals.

    "How does a 'sure or very likely risk' of pain and suffering arise from the decision to allow a Team Member other than the Drug Administrator to announce the start and finish times of each injection?" Wille said. "Or from the decision to allow a trained pharmacist, rather than the Team Leader, to document the name, expiration date, and lot number of the execution drugs used?"

    The state chose not to appeal a much stronger ruling by Frost in July that ripped the Department of Corrections for what he called haphazard and embarrassing deviations to its own rules. Instead, Ohio rewrote its policies and said it would follow them in the future. With those changes in place, Frost refused to stop the execution of Reginald Brooks in November.

    It's likely the issue will go to the U.S. Supreme Court in last-minute legal wrangling before the Jan. 18 execution.

    The way Ohio puts inmates to death has been under scrutiny since 2009 when executioners tried unsuccessfully for nearly two hours to insert a needle into the veins of Romell Broom, sentenced to die for raping and killing a 14-year-old Cleveland girl. Then Gov. Ted Strickland eventually called the execution off and Broom remains on death row, arguing in court filings that Ohio shouldn't be allowed a second try at executing him.

    http://abcnews.go.com/US/wireStory/o...6#.TxBVCHJFvqE

  4. #14
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    Court keeps execution of Ohio killer of 2 on hold

    A federal appeals court has agreed that the execution of a condemned Ohio killer of an elderly couple should be delayed while issues of the state's execution procedures are worked out.

    The 6th U.S. Circuit Court of Appeals says the courts must continue to monitor Ohio's execution policies because the state can't be trusted to otherwise fulfill its legal duty to carry out executions.

    Friday's decision backs a ruling two days ago by a federal judge who criticized Ohio for minor deviations from its policy during a November execution.

    Charles Lorraine was scheduled to die Wednesday for fatally stabbing a couple 25 years ago in Warren in northeast Ohio.

    The deviations from official death penalty procedures made during an execution last year were minor changes that wouldn't cause pain to an inmate or violate his rights, the state said in a filing Friday seeking to overturn a judge's ruling that postponed next week's execution of a man who stabbed an elderly couple to death 25 years ago.

    Attorneys for Charles Lorraine argued that the deviations were important enough to cause concern that Ohio was still not following its own rules for putting inmates to death.

    U.S. District Court Judge Gregory Frost agreed, and on Wednesday stopped Lorraine's execution while acknowledging he didn't want to be micromanaging Ohio's death penalty processes.

    Frost said the state failed to document the drugs used in its last execution in November and failed to review the medical chart of the inmate put to death.

    Attorneys for the state had argued previously that the changes were negligible, and they said Friday the execution should proceed.

    "Lorraine failed to make any showing that there is a sure or very likely risk that he will suffer severe pain," Principal Assistant Attorney General Charles Wille said in a filing with the 6th U.S. Circuit Court of Appeals.

    "How does a 'sure or very likely risk' of pain and suffering arise from the decision to allow a Team Member other than the Drug Administrator to announce the start and finish times of each injection?" Wille said. "Or from the decision to allow a trained pharmacist, rather than the Team Leader, to document the name, expiration date, and lot number of the execution drugs used?"

    The state chose not to appeal a much stronger ruling by Frost in July that ripped the Department of Corrections for what he called haphazard and embarrassing deviations to its own rules. Instead, Ohio rewrote its policies and said it would follow them in the future. With those changes in place, Frost refused to stop the execution of Reginald Brooks in November.

    It's likely the issue will go to the U.S. Supreme Court in last-minute legal wrangling before the Jan. 18 execution.

    The way Ohio puts inmates to death has been under scrutiny since 2009 when executioners tried unsuccessfully for nearly two hours to insert a needle into the veins of Romell Broom, sentenced to die for raping and killing a 14-year-old Cleveland girl. Then Gov. Ted Strickland eventually called the execution off and Broom remains on death row, arguing in court filings that Ohio shouldn't be allowed a second try at executing him.

    http://www.centredaily.com/2012/01/1...#storylink=cpy

  5. #15
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  6. #16
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    Prosecutor urges Ohio to appeal death penalty case

    A prosecutor is asking Ohio to appeal to the U.S. Supreme Court in the case of an inmate whose scheduled Wednesday execution has been delayed.

    Two federal courts agreed with Charles Lorraine's contention that Ohio broke its promise to adhere strictly to its execution procedures. The state claimed deviations from the procedure during the last execution were minor.

    A federal appeals court ruled the execution should be delayed while the changes are reviewed.

    Trumbull County Prosecutor Dennis Watkins sent Gov. John Kasich (KAY'-sik) a letter Saturday urging him to ask the attorney general to appeal to the Supreme Court.

    The governor's spokesman says the office is working with the attorney general to determine how to proceed.

    The 45-year-old Lorraine was condemned for fatally stabbing an elderly couple 25 years ago.

    http://globegazette.com/news/nationa...#ixzz1jTqZ3b2W

  7. #17
    Senior Member CnCP Legend JLR's Avatar
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    Entirely Ohio's fault. How utterly moronic do you have to be to not follow your own execution policies again after a series of stays over the same issue?

  8. #18
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    "How does a 'sure or very likely risk' of pain and suffering arise from the decision to allow a Team Member other than the Drug Administrator to announce the start and finish times of each injection?" Wille said. "Or from the decision to allow a trained pharmacist, rather than the Team Leader, to document the name, expiration date, and lot number of the execution drugs used?"
    The federal courts are stretching on this. I sure hope the state appeals to the US Supreme Court.

  9. #19
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    Ohio Taking Death Penalty Case to US Supreme Court

    Ohio officials say the state is asking the U.S. Supreme Court for a ruling that Ohio's protocol for carrying out the death penalty is constitutional.

    Gov. John Kasich and Ohio Attorney General Mike DeWine said in a statement Sunday that the state will ask the high court to reverse a federal appeals court decision to delay the Wednesday execution of Charles Lorraine.

    Lorraine was condemned to death in the 1986 slaying of a Trumbull County couple. But the federal appeals court agreed his execution should be delayed to review changes Ohio's made to carrying out the death penalty.

    Lorraine argued that Ohio broke its promise to adhere strictly to its execution procedures. The state said any deviation to the protocol was minor and does not violate an inmate's rights.

    http://abcnews.go.com/US/wireStory/o...7#.TxOU3nJFvqE

  10. #20
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    Ohio postponing execution, waits for Supreme Court

    The U.S. state of Ohio won't go forward with an execution that had been scheduled for this week as it asks the U.S. Supreme Court to rule that the state's protocol for lethal injections is constitutional.

    Ohio is one of 34 states that have the death penalty.

    Forty-five-year-old Charles Lorraine had been scheduled to die Wednesday, but a U.S. district judge halted the procedure last week, saying the state had failed to follow its own rules for executions. A federal appeals court agreed that the execution should be delayed while those changes and reasons for them are reviewed.

    Gov. John Kasich announced Sunday that the state was appealing to the U.S Supreme Court.

    Lorraine faces death for killing a 77-year-old man and his 80-year-old bedridden wife.

    http://www.foxnews.com/us/2012/01/17...#ixzz1jjiApbHE

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