Feb. 11
OHIO:
State postpones executions again, adds 5 more
Gov. John Kasich has postponed 8 scheduled executions as the state continues to
work through legal challenges and attempt to locate supplies of the drugs it
uses to put inmates to death.
The move Feb. 10 comes a couple of weeks after a federal magistrate judge
blocked 3 executions that were scheduled through April, ruling that the new
lethal injection process adopted by the state was unconstitutional.
Ronald Phillips, who was convicted in the brutal rape and murder of an Akron
girl in 1993, was scheduled to be executed next week. He's now scheduled for
execution on May 10.
Gary Otte, who faced a March 15 execution date in the killing of 2 people in
Cuyahoga County in 1992, has been moved to June 13.
And Raymond Tibbetts, facing an April 12 execution for the murder of his wife
an an elderly man in Hamilton County in1997, was pushed back to July 26.
The postponements continue a years-long legal challenge over Ohio's lethal
injection protocols, following the execution of Dennis McGuire in January 2014.
McGuire, who received a capital sentence for the rape and murder of a pregnant
Preble County woman, gasped for breath during what witnesses described as a
prolonged procedure under the state's 2-drug execution method.
In early 2015, state prison officials abandoned that combination, switching to
2 different drugs, though that protocol has not been used.
The state and others have struggled to find supplies of execution drugs, after
manufacturers blocked their use for lethal injections. State law changes
enabled the purchase of drugs from compounding pharmacies, under legislation
that allowed the names of those businesses to be kept secret, but prison
officials have not identified or obtained supplies in that way.
In October, state prison officials announced a new 3-drug lethal injection
protocol, using midazolam, rocuronium bromide and potassium chloride. But a
federal magistrate judge last month ruled the new process was unconstitutional,
noting in documents, "The court concludes that use of midazolam as the 1st drug
in Ohio's present 3-drug protocol will create a 'substantial risk of serious
harm' or an 'objectively intolerable risk of harm'"
The governor's office announced Friday that a pending review by the Sixth
Circuit Court of Appeals was not expected to be completed in time
already-scheduled executions.
According to the governor's office, "Accordingly, these delays are necessary to
allow the judicial process to come to a full resolution, and ensure that the
state can move forward with the executions."
Asked earlier this month whether the state would ever in a position to execute
inmates, Kasich responded, "I don't know. I just don't have the answer to that
We have a guy that raped and murdered a 3-year-old girl. He's next in line. I
can't tell the judges what to do. Some of them are probably philosophically
opposed to the death penalty. No matter what we do, they're going to remain
opposed to it. I don't have any better answer to that."
He added, "I would like to proceed. There's no joy or anything in this. It's
just it's a matter of justice, particularly for the families that have been
aggrieved. We'll do the best we can."
Kasich has postponed executions on several occasions since McGuire's death.
Other dates that were pushed back Feb. 10 included:
Alva Campbell, Jr., convicted in the 1997 murder of a Franklin County man, to
Sept. 13 from May 10.
William Montgomery, convicted in the 1986 murder of 2 women in Lucas County, to
Oct. 18 from June 13.
Robert Van Hook, convicted in the 1985 murder of a Hamilton County man, to Nov.
15 from July 26.
Jeffrey A. Wogenstahl, convicted in the 1991 murder of a Hamilton County girl,
to April 17, 2019, from Sept. 13.
Melvin Bonnell, convicted in the 1987 murder of a Cuyahoga County man, to April
11, 2018, from Oct. 18.
More than 30 executions are scheduled through early 2021.
(source: Twinsburg Bulletin)
********************
Ohio governor delays 8 executions as court fight continues
Gov. John Kasich on Friday delayed 8 executions as a court fight continues over
the constitutionality of the state's lethal injection process.
Kasich's announcement postponed the execution of a condemned child killer
scheduled for next week until May and moved 7 other procedures months into the
future.
The Republican governor said the timing of arguments before a Cincinnati
federal appeals court necessitated the delay. The court is hearing Ohio's
appeal of a federal judge's order finding the state's latest execution process
unconstitutional.
Kasich said he's confident Ohio will win the appeal but that the court calendar
didn't provide enough time to prepare for executions scheduled this month, next
month and April.
"These delays are necessary to allow the judicial process to come to a full
resolution, and ensure that the state can move forward with the executions
after the appeal is settled," Kasich said.
The delay also leaves open the possibility that, should the appeal reach the
U.S. Supreme Court, Neil Gorsuch, President Donald Trump's nominee for the
court's vacant 9th seat, will be confirmed and able to hear the case.
The delay was another setback for death penalty supporters who hoped that new
supplies of drugs obtained by Ohio last year would allow executions to move
forward after a 3-years-plus delay.
The state has said it has enough drugs for 4 executions, but records obtained
by The Associated Press indicate Ohio could have enough on hand to put dozens
of killers to death.
Ronald Phillips, scheduled to die Feb. 15 for raping and killing his
girlfriend's 3-year-old daughter in Akron in 1993, is now set for execution May
10.
Also Friday, the Ohio Parole Board rejected a clemency request by Gary Otte,
who shot 2 people to death in back-to-back robberies over 2 days in suburban
Cleveland in 1992. The board cited the "heinous" nature of the killings. Kasich
on Friday moved Otte's execution date from March 15 to June 13.
At issue is a federal judge's ruling last month rejecting the state's latest
proposed 3-drug execution method, which hasn't been used in Ohio.
As part of that decision, Magistrate Judge Michael Merz said Ohio didn't prove
that the st drug in its current 3-drug process, the sedative midazolam, doesn't
present a substantial risk of harm.
Merz also said the possibility exists that Ohio could obtain the barbiturate
pentobarbital.
Ohio says it has made numerous unsuccessful efforts to find pentobarbital. In a
court filing last week, state attorneys said they asked 7 other states for the
drug.
The prisons agency also tried in vain to obtain the active ingredient in
pentobarbital in hopes of having a compounded version made, the filing said.
The filing says Ohio asked Alabama, Arizona, Florida, Georgia, Missouri, Texas
and Virginia for the drug.
"None of those states agreed to provide pentobarbital to Ohio," according to
the filing, which summarized a sealed deposition by Stephen Gray, the prison
agency's in-house lawyer.
The filing doesn't say when Ohio made those requests. Of the 7 states, only
Georgia, Missouri and Texas appear to have reliable sources of pentobarbital
when needed. Those states won't reveal the source.
Executions have been on hold since January 2014 when Ohio used a never-tried
2-drug combo that it then abandoned.
The prison system says a U.S. Supreme Court ruling last year permitted
midazolam's use.
"Ohio has the capability to perform constitutional executions now. It should be
permitted to do so," Thomas Madden, an assistant attorney general, said in
Ohio's appeal.
The 6th U.S. Circuit Court of Appeals in Cincinnati has scheduled arguments for
Feb. 21.
The prisons system changed its execution process because it can't find
pentobarbital, said Gary Mohr, the agency's director, who said the agency is
"comfortable" with its position before the appeals court.
"This is a serious responsibility, and we work hard to carry out executions in
a humane manner, with the utmost respect for the law, for victims, and for
justice," Mohr said in a statement provided to The Associated Press. "That
commitment is unwavering."
The state also said in its filing:
- Ohio can't import pentobarbital or its active ingredient from a foreign
manufacturer because the state's application to add pentobarbital to its
current federal importer registration hasn't been acted on in 4 months.
- Even if Ohio had a license to import the drug, it hasn't identified any
company that would provide it.
(source: Associated Press)
***********************************
Parole board rejects clemency plea from Gary Otte in Parma murders
The Ohio Parole Board has recommended that Gov. John Kasich reject the clemency
request of an inmate sentenced to die for killing 2 people in Parma in 1992.
Gary Otte made his plea for mercy in an interview with the Parole Board in
January. The board considered arguments at a hearing earlier this month.
Otte is scheduled to die by lethal injection June 13. His execution date was 1
of 8 rescheduled as a result of a lawsuit by inmates over Ohio's lethal
injection protocol. The Kasich administration announced the new execution dates
Friday.
What was the crime?
On Feb. 12, 1992, Otte shot 61-year-old Robert Wasikowski in the head and stole
$413 after talking his way into Wasikowski's home at the Pleasant Lake
apartment complex. The next day, Otte forced his way into Sharon Kostura's
apartment in the same complex and shot her in the head. He stole $45, car keys
and a checkbook from the 45-year-old woman.
A Cuyahoga County court convicted Otte guilty of 2 counts of aggravated murder
and other crimes later that year. His received death sentences for both of the
killings.
What did Otte's lawyers argue?
At the clemency hearing, Otte's lawyers argued his life should be spared
because he was repeatedly bullied as a child and that bullying led to drug and
alcohol use and depression that led him to commit his crimes.
Otte's trial lawyers failed to effectively present mitigating evidence that
could have prompted his trial court to reject a death penalty in favor of life
in prison, his lawyers argued. Life without parole, which wasn't an available
sentence when Otte was tried for his crimes, would be a fitting and just
punishment, they said.
What did the parole board decide?
The parole board rejected Ott's arguments, voting 11-0 against clemency.
The report now goes to Kasich, who ultimately will decide Otte's fate.
(source: cleveland.com)
ARKANSAS:
Jail guard's slaying death-penalty case
Miller County Prosecuting Attorney Stephanie Black said Thursday that her
office intends to seek the death penalty for an Arkansas prison inmate accused
of beating one female guard to death and seriously injuring another at the
Miller County jail in December.
Tramell Mackenzie Hunter, 27, has been formally charged with capital murder of
a law enforcement officer in the line of duty in the death of correctional
officer Lisa Mauldin and with 1st-degree battery of a law enforcement officer
in the line of duty for injuries he allegedly inflicted on correctional officer
Damaris Allen.
Hunter faces the possibility of a death sentence or life without the
possibility of parole if found guilty of capital murder in Mauldin's death, and
the possibility of 10 to 40 years or life in prison if found guilty of battery
in the assault of Allen.
Hunter is accused of attacking Mauldin, 47, at about 1 p.m. Dec. 18 in the
jail's kitchen, according to a probable cause affidavit. Hunter used his hands
to inflict fatal injuries on Mauldin, according to the affidavit, and was met
by Allen, 35, as he tried to leave the kitchen.
"Hunter struck Allen in the face, knocking her to the floor," the affidavit
said. "Hunter then struck Allen with her portable radio. Hunter dropped the
radio and struck Allen with his fist several times. Hunter then ran out of the
kitchen and was apprehended in the hallway by other detention deputies."
Hunter was serving a 15-year sentence for aggravated robbery and 2 counts of
felony domestic battery as part of a plea bargain in Pulaski County, court
records show. Case documents show that Hunter's convictions stem from a Jan.
27, 2010, confrontation at a relative's home in Little Rock.
Hunter shot his uncle when the uncle tried to stop him from stealing his
mother's car and then fired a 2nd shot, striking his mother, before driving
away in her rented Dodge Charger, according to case records. Hunter's mother
and uncle survived.
Hunter told investigators he intended to kill himself when his funds were
exhausted. He said he left town and switched the plates on the car after
spending a couple of nights in Texarkana before heading to the
Houston/Galveston area.
(source: arkansasonline.com)
MISSOURI:
Craig Wood willing to take life in prison to avoid death penalty, attorney says
Craig Wood is willing to spend the rest of his life in prison if, in exchange,
the Greene County prosecutor drops his pursuit of the death penalty, according
to an exclusive interview with Wood's attorney.
Patrick Berrigan, Wood's attorney from the public defender's capital case
division, said he sent a letter to Greene County Prosecutor Dan Patterson on
Oct. 31 telling the prosecutor Wood is willing to plead guilty to murdering
10-year-old Hailey Owens in 2014 and agree to a life sentence without the
possibility of parole.
Berrigan told the News-Leader about the proposal Thursday. He said the crimes
Wood is accused of committing - snatching Hailey off the street, taking her
back to his house, raping her and killing her - are "terrible" and "egregious."
Berrigan said what separates Wood from other people recently sentenced to death
in this country - like church-shooter Dylann Roof in South Carolina - is
remorse.
"Craig Wood has a great deal of remorse about this case," Berrigan said. "Some
people would find that persuasive, or at least a factor, in decisions about
life or death."
Berrigan said this week he hasn't heard back from the prosecutor about the
proposal.
4 months after Wood was charged in 2014, Patterson said he would pursue the
death penalty against Wood, citing a Missouri statute that allows the death
penalty if a crime is "outrageously or wantonly vile, horrible or inhuman."
Patterson said Friday that ethics rules prohibit him from publicly discussing
possible plea negotiations.
"At this point, we are still proceeding with the prosecution of the case,"
Patterson said.
Stacey Barfield, Hailey's mother, said after a pretrial court appearance
Wednesday that it is difficult for her to sit through the proceedings.
Attorney David Ransin, who represents Hailey's parents, said Hailey's parents
want to avoid a trial, but the most important thing for them is coming to a
resolution that is "air-tight."
"We want it done right," Ransin said.
Ransin said the worst thing for the family would be for Wood to plead guilty
and for the family to think everything was behind them, only for the case to be
opened back up if Wood appealed his conviction.
Ransin said he believes Patterson is still gathering information about the
case.
"My understanding is that Dan's position is there is more to be done and more
information to be obtained before he is comfortable fulfilling his duty to the
state, to the community as well as the family to make the right decision with
regard to accepting a plea or proceeding to trial," Ransin said.
Patterson said he is listening to input from Hailey's family as the case moves
forward.
"As in all cases, we talk about these things with the family and will consider
the victim's family's input as we move along," Patterson said.
Patterson said other factors are also considered in death-penalty cases,
including the facts of the case, the defendant and the interests of the
community and the state.
After a 2nd rescheduling last year, Wood's trial is now set for October.
If Wood goes to trial and is found guilty, there would be a separate proceeding
to decide whether or not to put Wood to death.
4 days after Hailey's death, an estimated 10,000 people marched in a
candlelight vigil for Hailey on Commercial Street in Springfield. The Jefferson
Avenue footbridge, where the march ended, was illuminated in purple, Hailey's
favorite color.
Many others in Springfield left their porch lights on in memory of Hailey and
donated to her memorial fund.
Berrigan, Wood's attorney, has been working capital cases for three decades. He
said the majority of the death-penalty cases that he has worked have ended with
negotiated pleas.
Wood, 48, has been charged with kidnapping, rape and murder in connection with
Hailey's death on Feb. 18, 2014.
Springfield police say the girl's body was found wrapped in garbage bags in
Wood's basement, hours after witnesses saw someone matching Wood's description
grab Hailey off the street near her home.
Berrigan acknowledged this week that prosecutors have a strong case against
Wood. He said he has no idea whether they will accept his plea offer.
Wood took the stand briefly during a pretrial court appearance last year, and
during cross-examination, he said he was high on meth during the time frame in
which he is accused of abducting and killing Hailey.
Much of the recent court proceedings in the case have dealt with mental
evaluations for Wood, and what rights prosecutors have to see notes from
psychologists and to have their own psychologist interview Wood.
In Jefferson City, Hailey's parents have been focused on legislation that would
speed up Missouri's Amber Alerts, which are issued for abducted children.
Wood's parents, Jim and Regina Wood, have teamed up with the Barfields to
advocate for the legislation, which has been dubbed Hailey's Law.
(source: Springfield News-Leader)
NEBRASKA:
Gov. Ricketts says Nebraska moving forward to carry out capital punishment
Gov. Pete Ricketts says his administration is moving to carry out executions in
wake of voter approval of the death penalty.
Ricketts has signed off on a lethal injection protocol drafted by the
Department of Correctional Services. The governor says the department is
working on plans to revive capital punishment. He says there is no timeline at
present to carry out executions.
Ricketts says the administration is simply carrying out the will of the people.
"The vast majority of Nebraskans voted to keep capital punishment as a tool for
public safety; 61% of the folks voted in favor of it," Ricketts tells
reporters. "So, it's really up to us now in state government to be able to
carry out the will of the people and be able to implement those sentences."
Voters in November overturned the Unicameral's repeal of the death penalty.
Nebraska has 10 inmates on death row. The state last carried out an execution
20 years ago.
Corrections officials revised the initial lethal injection protocol it proposed
following a public hearing on it, removing a provision that would have kept
secret the supplier of lethal injection drugs.
State Sen. John Kuehn of Heartwell sponsors LB 661 which would allow state
officials to withhold information that would identify individuals or businesses
making, compounding, or prescribing drugs for lethal injection. The Government,
Military, and Veterans Committee heard public testimony on the bill Thursday.
Ricketts says his administration will push forward with or without the measure.
"Other states have passed this as a way to do it," Ricketts says. "We've got a
protocol right now that we're working on with regard to regulations. Whether we
have a shield law or not, we're going to pursue our regulation. Certainly,
again, I'll let the legislature vet through their process. Other states have
passed shield laws as a way to help them. So, this certainly has potential."
Sen. Kuehn has testified that 15 or the 31 states with the death penalty have
shield laws. He says he has modeled his bill after a shield law adopted in
Georgia.
Nebraska does not have the drugs needed to carry out an execution by lethal
injection.
(source: nebraskaradionetwork.com)
************************************
New bill would keep suppliers of lethal injection drugs secret in Nebraska
A proposal keep the suppliers of death penalty drugs secret gets a mixed
reaction in the Capitol Thursday.
Supporters and opponents lined up to testify on LB 661.
The measure offered by Sen. John Kuehn, of Heartwell, would create an exemption
in the state's open records law.
The drugs, the make-up and testing of the compounds would all be public, except
for names of individuals and companies who provide the drugs for an execution.
"Disclosing the identity of suppliers subjects them to very real risk of harm,
violence and harassment that would prevent the state from obtaining compounds
to preform state obligations," Kuehn told the Legislature's Government,
Military and Veterans Affairs Committee.
He said that Nebraskans sent a clear message when they voted overwhelming by 61
% to keep the death penalty, and lawmakers have a responsibility to fix the
system.
Corrections director Scott Frakes testified that the states that have carried
out lethal injection executions all have similar "shield laws."
"I firmly believe this bill is needed to remove a tool that death penalty
opponents will continue to use to frustrate and stymie the will of the voters,"
Frakes said.
But opponents argued it could allow the state to obtain the drugs through shady
methods.
"It may be a thief. It may be a crooked company,"Alan Peterson, who represents
a death row inmate, said.
Peterson said the state has a long tradition of open records.
That information will come out anyway, because a state shield law wouldn't
provide protection in federal courts, where most death penalty cases end up.
"This isn't going to stop that. So the compelling reason is don't sacrifice,
along with the person who is being killed, the transparency of state
government.
That's really a sacrifice," Peterson said.
Other opponent said that if this law was in place, Nebraskans would never have
known the state paid $54,000 to Harris Pharma, an overseas broker, to obtain a
lethal injection drug it never received.
That same broker was accused of re-directing drugs for executions that were
supposed to go from medical uses in developing countries.
But, Sen. Kuehn argued that this issue goes beyond just executions.
He said that because of harassment, companies have cut back producing
anesthetics that are also used in other medical procedures.
Kuehn said that caused dangerous medical shortages.
"How many medical patients will suffer have less-than optimal medical or
surgical care, or die, to protect convicted death row inmates," Kuehn said.
In January, Gov. Pete Ricketts approved a new execution protocol that would
allow the director of corrections to select which drugs would be used in a
execution.
(source: KETV news)
MONTANA:
Montana Death Penalty Repeal Bill Narrowly Defeated
A bill asking for the end of capital punishment was narrowly voted down in the
Montana House today.
Days after hearing testimony from clergy, young conservative lawmakers, and an
exonerated death-row inmate from Arizona asking for the end of capital
punishment, state lawmakers voted against their request.
The bill, HB-366, introduced by Adam Hertz, a freshman Republican from
Missoula, was voted down largely along party lines - Democrats voting in favor
of abolishing the death penalty and Republicans tending to vote against.
Shortly before the House Judiciary committee voted, Representative Lola
Sheldon-Galloway, a Republican from Great Falls, passed out a picture of her
sister-in law and asked the lawmakers on the committee to imagine something - a
daughter, being murdered, beaten with a pop bottle and stabbed in the throat,
eventually running out of blood. Then she gets tossed in the trunk of a car.
Lola Sheldon-Galloway says the bill, which would replace the death penalty with
life without parole, was too weak in its language. She says some people,
convicted of heinous crimes, shouldn't be able to leave a prison alive.
"There is a better option, than this particular legislation," Sheldon-Galloway
says. "And I will definitely vote no on it, for that reason."
When the bill was introduced earlier this week, no-one testified against it.
Before the vote, Representative Shane Morigeau, a Democrat from Missoula, asked
lawmakers to consider the mistakes that can be made in the death penalty
system.
"We are not perfect in our sentencing," Morigeau says. "We make mistakes all
the time. And I think sentencing 1 person to death and making a mistake one
time, is 1 time too many."
The bill to abolish capital punishment failed 10 votes to 9. Attempts to remove
the death penalty from Montana's books have failed in every legislative session
this century. There are currently 2 men sitting on death row.
(source: mtpr.org)
**********************************
Panel tables bill to abolish Montana's death penalty
A legislative committee has tabled a bill that would abolish Montana's death
penalty.
The House Judiciary Committee voted 10-9 Friday against advancing the measure
to the full House. The bill could be revived, but it is likely dead for the
legislative session.
Bills to abolish the state's death penalty have failed in every legislative
session since 1999, which is as far back as the Legislature's online
bill-tracking archive goes.
Executions in Montana were blocked in 2015 when a state judge ruled that the
state doesn't have access to one of the drugs that can be legally used in
lethal injections.
There are 2 inmates on the state's death row. The state's last execution was in
2006.
(source: Associated Press)
ARIZONA:
Family of Phoenix woman oppose death penalty in murder case
The family of a Phoenix woman who's accused of killing her 3 young sons last
year are again speaking out against prosecutors' plans to seek the death
penalty.
Octavia Rogers had a status conference in her case Thursday. Her next court
hearing is May 1.
Rogers was indicted by a Maricopa County grand jury in the deaths last June of
8-year-old Jaikare Rahaman, 5-year-old Jeremiah Adams and 2-month-old Avery
Robinson.
Authorities say the 3 children were fatally stabbed and partially dismembered.
Rogers has pleaded not guilty. She remains in custody on 3 charges of
premeditated 1st-degree murder.
Prosecutors say Rogers deserves the death penalty because the killings were
committed in an especially heinous, cruel or depraved manner.
An attorney for Rogers' family says his clients will fight against that plan.
(source: Associated Press)
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