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Thread: Ohio Capital Punishment News

  1. #131
    Administrator Helen's Avatar
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    Gov. John Kasich has been a nationwide leader in death-row clemencies

    While Gov. John Kasich has been much more sparing than his predecessor overall in granting clemencies to criminals, it's a different story when it comes to inmates facing execution.

    Since he was sworn into office on January 10, 2011, Kasich, a Republican, has granted five of the nine death-row clemencies issued nationwide in death-penalty states.

    It's also the same number of times Kasich's predecessor, Democrat Ted Strickland, has shown mercy to a death-row inmate.

    In each of the five cases, Kasich commuted a murderer’s death sentence to life in prison.

    When granting clemency, Kasich has offered a number of reasons for sparing their lives. For Shawn Hawkins and Arthur Tyler, they had questions raised about their guilt. Joseph Murphy had been abused as a child, while John Eley had a limited mental capacity. Ronald Post’s attorneys made sloppy mistakes and dubious decisions during his trial.

    Mike Brickner, senior policy director for the anti-death penalty American Civil Liberties Union of Ohio, said while he’d like to see Kasich issue more clemencies overall, he’s “pleased” with the number of death-row commutations he’s granted.

    “Certainly on capital punishment commutation, the governor has been, I think, very thoughtful about these,” Brickner said.

    Kasich denied an interview request for this story. But administration spokesman Rob Nichols said the governor takes care to examine each clemency request he receives and doesn't measure his record to what other governors have done.

    "Each case is unique unto itself...and he tries to come to the best decision he can on it,” Nichols said.

    Here’s a list of death-row clemencies granted in the United States since Kasich took office:

    Death-sentence commutations nationwide since Gov. John Kasich took office*

    Name Date State Granted by
    Richard Clay Jan. 10, 2011 Missouri Gov. Jay Nixon
    Edward Jerome Harbison Jan. 11, 2011 Tennessee Then-Gov. Phil Bredesen
    Shawn Hawkins May 12, 2011 Ohio Kasich
    Joseph Murphy Sept. 23, 2011 Ohio Kasich
    Robert Gattis Jan. 17, 2012 Delaware Gov. Jack Markell
    Daniel Greene April 20, 2012 Georgia Georgia Board of Pardons and Paroles
    John Eley July 10, 2012 Ohio Kasich
    Ronald Post Dec. 17, 2012 Ohio Kasich
    Arthur Tyler April 30, 2014 Ohio Kasich

    Source: Death Penalty Information Center

    *Does not include 15 death-row inmates in Illinois who had their sentences commuted to life in prison in March 2011 when the state abolished the death penalty.

    http://www.cleveland.com/open/index....l#incart_river
    "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. #132
    Administrator Helen's Avatar
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    How often does Gov. John Kasich grant clemency to criminals? We break down the numbers

    COLUMBUS, Ohio—As governor, John Kasich has been much more sparing than his predecessor in granting clemencies to criminals, approving less than 5 percent of requests and releasing no one from prison, records show.

    However, when it comes to death-row cases, Kasich has granted more clemencies since taking office in 2011 than all other governors of death-penalty states combined.

    Mobile readers: We've broken this story into several pieces so you can jump directly to any section that interests you. You can hit "back" to return to this list.


    1. Kasich's 'redemption streak': The governor has pardoned or commuted the sentences of 54 people since taking office. What kind of people receive clemency, and why do they get it?
    2. Stricter than Strickland: Kasich's 4.7 percent clemency approval rate is comparable to that of other recent Republican Ohio governors, but it's about five times lower than that of his immediate predecessor, Democrat Ted Strickland.


    Kasich's redemption streak

    During his 3 ˝ years in office, Kasich has pardoned or commuted the sentence of 54 people, the majority of whom were convicted of low-level crimes such as theft or drugs, according to administration records. He also temporarily postponed the executions of five death-row inmates.

    Kasich, however, has rejected 1,184 clemency requests through June of 2014, including 86 cases in which the Ohio Parole Record recommended leniency, according to state data. Twelve people have been executed under his watch.

    None of the clemencies granted by Kasich have resulted in an inmate being immediately freed, according to gubernatorial spokesman Rob Nichols.

    Kasich declined to be interviewed for this story. Nichols said the governor, in considering whether to grant a clemency, weighs the interests of the applicant, those affected by the criminals' actions, and the general public.

    In most cases, Kasich granted pardons to people who already served their sentences -- a move that allows them to seek better housing and jobs. Nichols said the governor wants to give people a chance to become successful members of society.

    “There’s a redemption streak in him,” Nichols said.

    Mike Brickner, senior policy director for the American Civil Liberties Union of Ohio, said he would like to see Kasich grant even more clemencies, so people who have paid their debt can move on with their lives and avoid committing more crimes in the future.

    Kasich clemencies, Jan. 2011- June 2014
    |
    Create Infographics

    What's the difference between a pardon, a commutation, and a reprieve?

    A pardon frees a person from all further punishment for a crime, though he or she is still considered guilty of the offense.
    A commutation reduces a sentence to a lesser punishment.
    A reprieve temporarily postpones a punishment from being carried out.

    Source: Ohio Department of Rehabilitation and Correction

    Stricter than Strickland

    Kasich’s 4.7-percent clemency approval rate is in line with previous Republican governors. Between 1999 and 2007, Bob Taft granted 77 clemency requests, or 5.7 percent of the 1,355 requests he received.

    Before him, George Voinovich, another Republican, granted 128 clemencies, about 2.8 percent of the applications sent to him during his two terms in office.

    However, Kasich’s immediate predecessor, Democrat Ted Strickland, granted about 20 percent of the requests he received, according to the Department of Rehabilitation and Correction and media reports. There’s some dispute about exactly how many clemencies Strickland granted: the Department of Rehabilitation and Corrections says 295, while the Columbus Dispatch claims 319.

    Most of Strickland’s clemencies came toward the end of his term. Just before he left office, he granted 152 pardons and seven commutations. Like Kasich, he granted clemency to five death-row inmates.

    Strickland didn’t return an email seeking comment. Kasich spokesman Rob Nichols said the current administration doesn’t measure itself by what other governors have done.

    “What is the right percentage? …Is it five (percent)? Is it less? Is it more?” Nichols said. “No -- each case is unique unto itself, and you do the best you can with it.”

    How merciful have Ohios last four governors been?
    |
    Create Infographics

    *According to Department of Rehabilitation and Correction statistics. The number of clemencies denied is approximate. The Columbus Dispatch has reported Strickland granted 319 clemencies out of 1,615 requests.

    http://www.cleveland.com/open/index....l#incart_river
    Last edited by Helen; 06-30-2014 at 09:35 AM.
    "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

  3. #133
    Administrator Helen's Avatar
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    Ohio Democrats renew call for death-penalty freeze after controversial Arizona execution

    By Jeremy Pelzer, Northeast Ohio Media Group

    COLUMBUS, Ohio -- Democratic state lawmakers from Northeast Ohio have renewed their call for a statewide death penalty moratorium following Wednesday's controversial execution in Arizona.

    Reps. Nickie Antonio of Lakewood and Dan Ramos of Lorain said in a release that the "botched" execution of double murderer Joseph Rudolph Wood, using the same lethal-injection drugs as Ohio, shows that Gov. John Kasich needs to halt executions in the Buckeye State.

    "What is clear is that this method of lethal injection has proven ineffective in Ohio and in executions across the country," Ramos said in a statement. "We need this moratorium in order to pause and explore how these criminals can best be brought to justice and held accountable for their heinous crimes."

    Asked for comment, Kasich spokesman Rob Nichols said in an email that the governor supports the death penalty.

    Nichols also noted that a federal judge has already placed a moratorium on Ohio executions until next month to allow time for legal arguments over the state's lethal-injection cocktail: a combination of midazolam, a sedative, and hydromorphone, a narcotic painkiller.

    The next scheduled execution in Ohio is set for Sept. 18, when Summit County killer Ronald Phillips will be put to death.

    Wood took an hour and 40 minutes to die, snorting and gasping hundreds of times during the procedure, according to witnesses.

    Arizona Gov. Jan Brewer has ordered a review
    of the execution, though state prison officials said that Wood suffered no pain during the procedure.

    Antonio and Ramos have sponsored legislation to outright ban capital punishment in Ohio, though the proposal has gone nowhere in the Republican-dominated legislature.

    Legislative supporters of the death penalty
    say it's a just punishment, acts as a deterrent and provides closure to victims' loved ones.

    The two Democratic lawmakers also previously called for a death-penalty moratorium in January, following the execution of Preble County murderer Dennis McGuire.

    McGuire was seen gasping, choking and clenching his fists while taking an unexpectedly long 25 minutes to die. A state review concluded that McGuire suffered no pain during his execution, but officials said they'll increase the dosage of the drugs for future executions.

    McGuire's family members sued to prevent future executions using the drugs, leading U.S. District Judge Gregory Frost to temporarily halt all executions in Ohio until Aug. 15.

    http://www.cleveland.com/open/index....l#incart_river
    "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

  4. #134
    Senior Member CnCP Addict TrudieG's Avatar
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    This isn't rocket science they need at least 3X the current dosage if not more. They should get in touch with Texas they have a most efficient way of execution and prepare themselves each time they have changed the protocol and never had a problem.

  5. #135
    Administrator Heidi's Avatar
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    Judges extends temporary halt to Ohio executions

    Ohio A federal judge has extended a months-long moratorium on executions in Ohio into next year as questions mount about the effectiveness of a new, two-drug combination being used to carry out the death penalty.

    The ruling by federal judge Gregory Frost will delay executions scheduled for September, October and November and highlights the ongoing problem faced by states in obtaining drugs to put inmates to death.

    The last moratorium was scheduled to expire this week.

    The one-page order by Frost issued Friday extends it through Jan. 15. It affects the state's latest death penalty policy change, which was announced in late April and increases the amount of the sedative and painkiller Ohio uses.

    On Jan. 16, an Ohio inmate repeatedly gasped during the record 26 minutes it took him to die, and an Arizona inmate who took nearly two hours to die July 23.

    Ohio's first choice for a drug is compounded pentobarbital, a specialty version of the drug it used previously with few problems. But it has been unable to obtain supplies of compounded pentobarbital and so switched to its backup method of the sedative midazolam and the painkiller hydromorphone.

    Missouri and Texas both have supplies of compounded pentobarbital, though the states won't reveal their sources, and have used them to carry out several executions successfully in recent months.

    Allen Bohnert, the lead defense attorney challenging the use of the two-drug method, declined to comment. A message was left with the state prisons agency.

    The next execution scheduled in Ohio was to have occurred Sept. 18, when Ronald Phillips was set to die for the 1993 rape and death of his girlfriend's 3-year-old daughter in Akron.

    http://www.charlotteobserver.com/201...#storylink=cpy
    An uninformed opponent is a dangerous opponent.

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

  6. #136
    Administrator Helen's Avatar
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    Expert witness in US execution cases will no longer defend states' methods

    Associated Press in Columbus, Ohio

    An anesthesiologist said he would no longer act as an expert witness for states defending their lethal injection methods, creating another hurdle for corrections departments scrambling to find workable execution systems.

    Mark Dershwitz, a University of Massachusetts anesthesiologist and pharmacologist, was the expert called by Ohio in support of its new two-drug combination that led to a troubling 26-minute execution in January.

    The same drug combination led to a nearly two-hour execution in Arizona last month, raising more questions about the drugs.

    Dershwitz was a leading expert for prison officials, having offered his opinions for 22 states and the federal government over the past decade.

    He announced his decision to terminate his role in June, saying Ohio had jeopardized his standing with the American Board of Anesthesiology in a news release it issued about the 16 January execution of Dennis McGuire.

    State lawyers “discussed the events and observations of the McGuire execution with its expert witness, Dr Mark Dershwitz”, the Department of Rehabilitation and Correction said in that 28 April document.

    The news release concluded that McGuire was put to death humanely, but “to allay any remaining concerns”, the state also said it was upping the dosages of the two-drug method.

    Anesthesiologists aren’t allowed to play any role in the creation of an execution system. Dershwitz said there was no discussion: the state merely informed him of what happened.

    “Although it is still too early to determine if there will be any permanent actions taken against me, the mistakes made by Ohio in the April press release could apparently happen again because of the lack of necessary review processes,” Dershwitz said in an announcement he sent to several states 18 June.

    “I cannot take that chance and will therefore terminate my role as an expert witness on behalf of Ohio and all other states and the federal government.”

    The state acknowledged Dershwitz’s version of the events in a 30 April follow-up letter to him obtained by the Associated Press, saying he had no role in the decision to increase the drug amounts.

    But it was too late, Dershwitz said.

    “I just realized that this is a risk that I choose not to take,” he said in a phone interview late on Tuesday.

    Dershwitz’s decision to stop testifying for state prison systems was first reported by The New Republic.

    His expert opinion had involved either written affidavits in support of certain methods or testimony in court, including cross-examination by defense attorneys representing condemned inmates. Judges in states including Florida, Ohio and Oklahoma have relied on his testimony in approving state execution methods.

    Dershwitz said he stands by the expert witness testimony he gave last year about Ohio’s two-drug protocol. He said he doesn’t believe McGuire suffered, contrary to allegations in a civil rights lawsuit by McGuire’s family, and the opinion of another anesthesiologist hired by the family’s attorneys.

    People commonly make snoring or sputtering sounds after being given anesthesia, Dershwitz said.

    “Everything I said in Ohio is true and I stand behind it,” he said.

    The news of Dershwitz’s retirement as a lethal injection expert witness comes as states are running out of execution drugs and having difficulty finding alternatives.

    It will likely be difficult for any state to find an experienced anesthesiologist willing to argue some of the medical opinions that Dershwitz provided, said Dr Mark Heath, a Columbia University anesthesiologist who often testifies for inmates challenging injection methods.

    In particular, Dershwitz was an advocate for the two-drug method involving the sedative midazolam and the painkiller hydromorphone, the two drugs used in the prolonged Ohio and Arizona executions, Heath said.

    “I think it’s very unlikely that any other medical experts who are familiar with these drugs will be willing to support that drug combination,” Heath said.

    The states where Dershwitz provided expert opinion: Alabama, Arkansas, Arizona, California, Delaware, Florida, Georgia, Idaho, Kentucky, Maryland, Missouri, Montana, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia and Washington.

    http://www.theguardian.com/world/201...ses-quits-ohio
    "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

  7. #137
    Administrator Heidi's Avatar
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    Ohio revises execution schedule
    Federal judge extends moratorium on capital punishment


    A federal judge’s extended moratorium on the carrying out of the death penalty in Ohio prompted the state today to revise its execution schedule, pushing back the planned lethal injection of convicted murderer William Montgomery from February to September in the process.

    Montgomery, convicted in the 1986 murders of two Toledo roommates, was scheduled to die using the state’s again revised two-drug method on Feb. 11, but that date is now scheduled to be used to carry out the delayed execution of Ronald Phillips, of Summit County.

    The new schedule assumes that U.S. District Judge Gregory Frost won’t again extend his moratorium, which he first put in place in August, as he examines the problems that plagued the execution of Dennis McGuire, 53, of Montgomery County in January.

    The moratorium is currently set to expire on Jan. 15.

    The state’s proposed response to the problems experienced with that execution is to increase the dosages of the two drugs involved.

    The domino effect is also pushing back the scheduled execution of a second condemned inmate from northwest Ohio. Cleveland R. Jackson — one of two men who opened fire on eight people cornered in a Lima apartment kitchen in 2002, killing two girls ages 3 and 17 — is now scheduled to die to die on July 20, 2016. instead of on Nov. 17, 2015.

    The McGuire execution marked the first time that any state used a combination of intravenous midazolam, a barbiturate, and hydromorphone, a potent painkiller, for an execution. Witnesses described McGuire as gasping for air and making loud snorting sounds during the 26 minutes after the drugs began to flow.

    When Arizona later used the same process, witnesses again described similar reactions.

    States have struggled to find an alternative to their preferred execution drug, the sedative pentobarbital, after its European manufacturer objected to its use in executions.

    http://www.toledoblade.com/Courts/20...1BLWL9KK6WF.99
    An uninformed opponent is a dangerous opponent.

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  8. #138
    Administrator Heidi's Avatar
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    Attorney General Calling for New Death Penalty Laws

    Attorney General Mike DeWine says he thinks new laws are needed before executions can resume in Ohio.

    DeWine says the state needs a law that would shield the identity of pharmacies making a specialized dose of a lethal drug.

    DeWine, a Republican running for re-election, said Monday during a Gannett editorial board meeting that a law is also needed to provide immunity to doctors who provide "legal support" in the execution process such as consulting on drug dosage amounts.

    Executions are on hold until February after a federal judge temporarily stopped them as questions mounted about the effectiveness of Ohio's new, two-drug execution process.

    A spokesman for DeWine's Democratic opponent, David Pepper, says future legislative proposals on the death penalty should get thorough and thoughtful consideration.

    http://www.fox45now.com/shared/news/...id_22540.shtml
    An uninformed opponent is a dangerous opponent.

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

  9. #139
    Administrator Helen's Avatar
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    OHIO LAWMAKERS MAY CONSIDER KEEPING EXECUTION DRUG PROVIDER NAMES SECRET

    By Marc Kovac | Capital Bureau Chief

    Columbus -- State lawmakers are preparing to introduce legislation to address legal concerns about Ohio's administration of the death penalty, likely including language to keep secret the names of sources of execution drugs.

    Republican House Speaker Bill Batchelder and Republican Senate President Keith Faber mentioned the potential law changes during a post-election conference in Columbus Nov. 6, where they discussed legislation that could be passed by the two chambers before the end of the year.

    "We are looking at language in that area," Batchelder said concerning capital punishment. "That may come up before we go home."

    Faber added, "We anticipate that we're going to work with the attorney general and the prosecutors on trying to get something done on that."

    Batchelder said the legislation has been drafted, and he anticipated its introduction in coming days. He declined to offer specifics about what would be included in the bill, though he said it would address issues that have arisen from court decisions related to the death penalty.

    "We have a problem in the sense that some of the federal judges have held that our existing system does not provide due process safeguards for those who have been convicted of homicide," he said.

    Schedule


    Executions have been on hold for most of the year, after a federal judge stayed scheduled lethal injections while state prison officials consider changes to the execution process.

    In August, U.S. District Court Judge Gregory L. Frost ruled that "the state of Ohio and any person acting on its behalf is hereby stayed from implementing an order of execution of any Ohio inmate issued by any court of the state of Ohio until Jan. 15, 2015, or until further order from the court."

    Frost issued a comparable stay earlier in the year, following the prolonged death of Dennis McGuire in January and a subsequent decision by the Department of Rehabilitation and Correction to increase the dosage of two drugs used in lethal injections.

    McGuire, who received a capital sentence for the rape and murder of a pregnant Preble County woman, was the first inmate executed using a new two-drug combination. The process took about 25 minutes, and witnesses described him gasping for breath.

    State prison officials who reviewed his execution said McGuire was "asleep and not conscious" and "did not experience pain, distress or air hunger" during his lethal injection.

    The next scheduled execution, pending additional delays, will be Ronald Phillips on Feb. 11. Phillips, who was convicted in the 1993 rape and murder of a 3-year-old girl in Akron, was originally scheduled for execution last year, but Kasich temporarily postponed the lethal injection after the inmate asked to determine whether he could donate organs to ailing family members.

    Drug issue

    Under execution protocols adopted last year, state prison officials could purchase lethal injection mixtures from so-called compounding pharmacies -- a change that was made after the manufacturer of such drugs refused to sell them for use in executions.

    But Attorney General Mike DeWine said last month that state prison officials have had difficulties finding pharmacies willing to provide the state's lethal injection drug because they don't want to be identified publicly.

    "This is something that the legislature has to look at," DeWine said last month.

    The legislation to be considered by lawmakers in coming weeks could call for the names of companies that sell execution drugs to the state to be kept private.

    "I think the general ideas is to let the department of corrections acquire those things in private and not to have to disclose publicly where they're getting their drugs from," Faber said. "Who they buy their drugs from I don't think is necessarily relevant to what their mission is."

    He added, "As long as Ohio has a capital punishment, we need to make sure it's carried out fully, fairly and in consistency with the law. So that's going to be our question."

    Another possibility would be allowing the import of execution drugs from overseas, Batchelder said.

    http://www.twinsburgbulletin.com/lat...r-names-secret
    "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

  10. #140
    Administrator Moh's Avatar
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    While they're at it, perhaps they ought to add the firing squad or nitrogen asphyxiation as an option.

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