Jan. 24



USA:

Midazolam and the Supreme Court----Only 1 week after refusing to stay Charles Warner's execution, the justices will now hear his fellow inmates' appeal on a questionable lethal-injection drug.

What changed?

Last week, the state of Oklahoma executed Charles Warner after the Supreme Court refused to halt his execution while he appealed the constitutionality of the drugs used to kill him. Warner and 3 other death-row inmates argued that midazolam, a sedative used by Oklahoma and 3 other states in lethal injections, did not properly induce unconsciousness and would therefore lead to a horrifyingly painful death.

A 5-justice majority, however, denied Warner's request for a stay without comment, and the state of Oklahoma executed Warner shortly thereafter. Justice Sonia Sotomayor and three other justices dissented, arguing that Warner and the other inmates had raised serious questions about Oklahoma's lethal-injection procedures. "I hope that our failure to act today does not portend our unwillingness to consider these questions," Sotomayor wrote.

Those hopes were not in vain. On Friday, the Supreme Court granted the three remaining plaintiffs' petition to hear their case, titled Glossip v. Gross, after it was relisted for further consideration. The justices gave no indication why they would refuse to stay Warner's execution, then agree to hear his case 7 days later. Requests for the Court to stay the other three inmates' executions are forthcoming, said Dale Baich, one of their attorneys.

The Supreme Court has not addressed a lethal injection protocol's constitutionality since Baze v. Rees in 2008. A 6-justice majority ruled then that a 3-drug cocktail - the sedative sodium thiopental, the paralytic pancuronium bromide, and potassium chloride - did not violate the Eighth Amendment. But without sodium thiopental to anesthetize a condemned inmate, the court wrote, there would be "a substantial, constitutionally unacceptable risk of suffocation from the administration of pancuronium bromide and of pain from potassium chloride." In other words, the inmate would die in agony as he or she suffocated to death.

Amid intense pressure by anti-death-penalty activists, the last American drug maker to produce sodium thiopental withdrew from the market in 2011. State officials scrambled to find alternative sources in overseas markets, leading to a European Union embargo of lethal-injection drugs and raids by the U.S. Drug Enforcement Agency to seize stockpiles of sodium thiopental that had been imported without a license.

Without sodium thiopental, states then experimented with alternative cocktails. Midazolam, a sedative from the benzodiazepine family, was first used for executions in Florida as part of a 3-drug cocktail without apparent complication. Outside of the Sunshine State, however, it has led to at least 3 botched executions. Last January, Dennis McGuire told observers during his execution with midazolam and hydromorphone in Ohio that he could "feel his whole body burning" as he died. In July, Joseph Wood gasped for air for 1 hour and 57 minutes in Arizona during his executions with the same 2-drug cocktail.

Oklahoma first used a 3-drug midazolam cocktail identical to Florida's to execute Clayton Lockett last April. During his execution, an improper IV placement failed to deliver enough of the paralytic drug into his bloodstream, and he died of a massive heart attack while writhing in pain. In the aftermath, the other 4 Oklahoma death-row inmates appealed for a stay of their executions, arguing that midazolam did not produce a "deep, comalike unconsciousness" and was therefore an unacceptable substitute for sodium thiopental. As Justice Sotomayor observed last week, this paralytic's absence may have revealed pain and suffering that would otherwise be unobservable. This possibility raises serious questions about all executions performed with midazolam, including those carried out without incident in Florida.

The Supreme Court has never struck down an existing method of execution as unconstitutional. A ruling that forbids midazolam would reverberate even throughout states that do not use the sedative. No execution chamber in the U.S. currently uses the Baze cocktail, and no pharmaceutical company currently provides its key ingredient to American death rows. Even states like Texas, which uses a single-drug protocol with pentobarbital in its lethal injections, could find themselves on unsure constitutional footing.

(source: The Atlantic)

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US death penalty: Supreme Court to decide lethal injection case ---- US high court last week allowed Oklahoma execution to go on, despite questions over drugs used



The US Supreme Court revealed on Friday that it would look into lethal injections in Oklahoma, just a week after it allowed the execution of a man in that state, despite questions about the deadly drugs combined for the lethal injections.

The Oklahoma case was brought by 3 death row inmates in the state who say that lethal injections violate the US Constitution's ban on cruel and unusual punishment, according to a report from Reuters. All 3 of the inmates who brought the case are scheduled to be put to death within the next 2 months.

Questions have surrounded the 3-drug lethal injection process used in Oklahoma since April 2014, when the state botched the execution of convicted murderer Clayton Lockett. Execution officials had a difficult time placing Lockett's IV for the injection and it took 43 minutes for him to die, during which he was seen writing in pain, according to reports of the incident.

An investigation into Lockett's execution revealed that it wasn't the drugs that caused the slow, painful death, but the IV connection. Still, the state altered its lethal injection procedure following the Lockett debacle.

The Lockett case brought up questions of whether the Supreme Court would halt further executions in Oklahoma, pending a procedural review. On 15 January, the Supreme Court declined to halt the execution of Charles Warner, who was convicted of raping and murdering an 11-month-old baby.

The inmates who brought the case before the high court are Richard Glossip, John Grant and Benjamin Cole. Glossip is slated to be killed on 29 January for arranging the murder of his former boss. Grant's execution is scheduled for 19 February, after he was convicted of stabbing a correctional officer to death. Cole, who is to be killed on 5 March, was convicted of killing his 9-month-old daughter.

It was not immediately clear if the Supreme Court would halt any of the 3 executions while it's waiting to hear the case, which is to be argued on April, with a decision expected before July.

(source: The Independent)

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Supreme Court To Take Up Use Of Lethal Injection



The Supreme Court on Friday agreed to review Oklahoma's method of execution by lethal injection, taking up a case brought by three death row inmates who accuse the state of violating the U.S. Constitution's ban on cruel and unusual punishment.

The high court just last week allowed the execution of a convicted killer to go ahead in Oklahoma over the objection of its four liberal members.

The 3-drug process used by Oklahoma prison officials for carrying out the death penalty has been widely debated since the April 2014 botched execution of inmate Clayton Lockett, a convicted murder. He could be seen twisting on the gurney after death chamber staff failed to place the IV properly.

The inmates challenging the state's procedures argue that the sedative used by Oklahoma, midazolam, cannot achieve the level of unconsciousness required for surgery and was therefore unsuitable for executions.

On Jan. 15, the high court declined to halt the execution of another Oklahoma inmate, Charles Warner, who was convicted of raping and murdering an 11-month-old baby. The court was divided 5-4, with Justice Sonia Sotomayor writing a dissenting opinion.

Although 5 votes are needed to grant a stay application, only 4 are required for the court to take up a case.

The inmates say the 3-drug protocol used by the state can cause extreme pain in violation of the U.S. Constitution's ban on cruel and unusual punishment.

After the Lockett execution, the state revised its protocols by increasing the amount of midazolam used to render an inmate unconscious. Lower courts signed off on the change, as did the divided Supreme Court.

In her dissent in the Warner case, Sotomayor said she was "deeply troubled by this evidence suggesting that midazolam cannot be constitutionally used as the 1st drug in a 3-drug lethal injection protocol."

The inmates want the court to decide whether its 2008 decision in a case called Baze v. Rees in which the justices upheld the three-drug execution protocol used by Kentucky applies to Oklahoma's procedures. Lawyers for the inmates say that the Oklahoma protocol is different, so the reasoning of the 2008 ruling should not apply.

The inmates are Richard Glossip, John Grant and Benjamin Cole. Glossip, who arranged for his employer to be beaten to death, is scheduled to be executed on Jan. 29. Grant, who stabbed a correctional worker to death, is due to be put to death on Feb. 19. Cole, convicted of killing his 9-month-old daughter, is scheduled to be executed on March 5.

The brief court order did not note whether the court had agreed to stay the executions.


The case will be argued in April, with a decision due by the end of June.

(source: Reuters)

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The botched executions behind the Supreme Court case on lethal injection



Late Friday afternoon, the Supreme Court announced it would review lethal injection procedures used for many death row inmates across the country after a few of botched executions raised concerns about whether the procedure is unconstitutional.

Those problematic executions include Clayton Lockett, an Oklahoma inmate in April who died of a heart attack 43 minutes after the lethal injection process was started. After the 1st of a 3-drug cocktail was supposed to make him unconscious, Lockett began writhing on the gurney. Months earlier in Ohio, Dennis McGuire struggled and choked for several minutes and took nearly 25 minutes to die from the lethal injection. Arizona inmate Joseph R. Wood took nearly 2 hours to die, with witnesses saying he gasped and snorted for much of it. Other cases of problematic executions have been reported.

The question before the court now is whether the lethal injection protocol, which has undergone unexpected changes in the past few years, amounts to cruel and unusual punishment.

How lethal injection has changed

Until a few years ago, most lethal injections used a three-drug combination - an anesthetic, a paralytic drug and a drug stopping the heart. The most common anesthetic used was sodium thiopental, but in 2011, its sole manufacturer said it would no longer make it after Italian officials banned export of the drug for capital punishment. So states started using a different anesthetic, pentobarbital - until its manufacturer, a Danish company known as Lundbeck, protested its use in executions.

In turn, states started using new and untested combinations to carry out lethal injections, which is still the main method of executions in the United States. A Germany company said it would stop providing its anesthetic for lethal injections, and a compounding pharmacy last year refused to provide drugs to execute a Missouri inmate.

There's been a high level of secrecy

There's also been secrecy about where and how states are getting these new drugs. As my colleagues reported last April, following Lockett's execution:

In their scramble to carry out death sentences, prison officials from different states have made secret handoffs of lethal-injection drugs. State workers have carried stacks of cash into unregulated compounding pharmacies to purchase chemicals for executions. Some states, like Oklahoma, have relied on unproven drug cocktails, all while saying they must conceal the source of the drugs involved to protect suppliers from legal action and harassment.

"It looks like a street-level drug deal," said Dean Sanderford, a lawyer for Lockett. "And they're keeping all the information secret from us. .?.?. They don't need to be carrying out any more executions until they come clean, until we know exactly what happened with Clayton???s execution and everything about these drugs, where they???re getting them."

What's changed in Oklahoma

After a review of Lockett's death, Oklahoma a few months ago announced changes to its lethal injection procedure. The state says it will now use 5 times as much of the sedative midazolam, which it used for the 1st time in Lockett's execution last year. The state last week executed its 1st inmate since Lockett, and there were no apparent signs of distress.

What other states have done

The high-profile botched executions haven't changed much for states around the country. As the Boston Globe reported last month, some states are looking at other ways of executing death row inmates. Oklahoma is apparently looking at becoming the first state to use "forced deprivation of oxygen," while Tennessee may bring back the electric chair and Utah may reinstate the firing squad, according to the Globe.

Support for the death penalty is down

Nationwide support for the death penalty has been declining, but at least 60 % of people still favor it. After series of botched executions, pollsters expressed doubt those incidents would change public attitudes in a significant way. Still, at least 6 states have abolished the death penalty since 2007, and 18 states in total ban it.

(source: Jason Millman, Washington Post)

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Dzhokhar Tsarnaev case jury is slow to form



The 1st full work week of jury selection in the trial of alleged Boston Marathon bomber Dzhokhar Tsarnaev ended Friday with a total of 81 prospective jurors facing questioning in what is turning into a tedious process, as both prosecutors and defense attorneys challenge the suitability of potential panelists.

Tsarnaev, 21, faces the possibility of the death penalty if convicted in the April 2013 bombing that killed 3 and injured hundreds more, and lawyers on both sides of the case have sparred over whether potential jurors are suitable to serve.

Jurors must be willing to hand out the death penalty if Tsarnaev is convicted, but they must also be open to granting a lesser sentence of life in prison. And many jurors seemed to struggle to give definitive answers when questioned.

"I'm not a huge fan of the death penalty, but I also know I don't really know. . . . I don't know what to think about it," said 1 potential juror, a software developer for a consulting firm.

"It's one of those things you wish you never have to do, but there are times you realize you need to do it," he said.

The potential jurors have not been identified by name.

US District Judge George A. O'Toole Jr. plans to seat a final panel of 12 jurors and 6 alternates, though he has abandoned his goal of completing the task by Monday. The selection of a jury for a death penalty trial could take a month, if not longer. It took O'Toole 6 days to question the 81 potential jurors, and the process of culling jurors from the initial pool of 1,373 people will continue next week.

The judge has not said how many of the jurors he has questioned so far have been entered into the final pool of qualified panelists, and he has let lawyers and prosecutors argue over their qualifications in closed hearings.

Defense lawyers have asked the judge to be more thorough in determining whether jurors have any bias or presumptions in the case. They also asked in a 3rd request Thursday to relocate the trial to a district outside Boston, saying it will be impossible to pick a jury in the same city where the bombs went off. The judge has not decided on the latest request.

3 people were killed and more than 260 were injured when the bombs went off at the finish line on April 15, 2013.

Tsarnaev and his older brother Tamerlan also allegedly shot and killed an MIT police officer. Tamerlan Tsarnaev was killed during a confrontation with police in Watertown.

(source: Boston Globe)

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Death Penalty Fast Facts



Here's a look at the death penalty in the United States.

Facts:

Capital punishment is legal in 32 U.S. states.

Connecticut and New Mexico have abolished the death penalty, but it is not retroactive. Prisoners on death row in those states will still be executed.

As of October 2014 there were 3,035 inmates awaiting execution.

Since 1976, when the death penalty was reinstated by the U.S. Supreme Court, 1,394 people have been executed. (as of December 2014)

Japan is the only industrial democracy besides the United States that has the death penalty. In Japan, the 2013 per capita execution rate was 1 execution per 15,809,458 persons.

Federal Government: (source: Death Penalty Information Center)

The U.S. government and U.S. military have 69 people awaiting execution. (as of October 2014)

The U.S. government has executed 3 people since 1976.

Females:

There are 57 women on death row in the United States. (as of October 2014)

15 women have been executed since the reinstatement of the death penalty in 1976. (as of October 2014)

Juveniles:

22 individuals were executed between 1985 and 2003 for crimes committed as juveniles aged 16 and 17.

March 1, 2005 - Roper v. Simmons. The Supreme Court rules that the execution of juveniles is unconstitutional. This means that 16 and 17-year-olds are ineligible for execution. And reverses 2 1989 cases in Kentucky and Missouri.

Clemency:

Clemency Processes around the Country.

275 clemencies have been granted in the United States since 1976.

For federal death row inmates, the president alone has the power to grant a pardon.

Timeline:

1834 - Pennsylvania becomes the 1st state to move executions into correctional facilities, ending public executions.

1838 - Discretionary death penalty statutes are enacted in Tennessee.

1846 - Michigan becomes the 1st state to abolish the death penalty for all crimes except treason.

1890 - William Kemmler becomes the 1st person executed by electrocution.

1907-1917 - 9 states abolish the death penalty for all crimes or strictly limit it. By 1920, 5 of those states had reinstated it.

1924 - The use of cyanide gas is introduced as an execution method.

1930s - Executions reach the highest levels in American history, averaging 167 per year.

June 29, 1972 - Furman v. Georgia. The Supreme Court effectively voids 40 death penalty statutes and suspends the death penalty.

1976 - Gregg v. Georgia. The death penalty is reinstated.

January 17, 1977 - A 10-year moratorium on executions ends with the execution of Gary Gilmore by firing squad in Utah.

1977 - Oklahoma becomes the 1st state to adopt lethal injection as a means of execution.

December 7, 1982 - Charles Brooks becomes the 1st person executed by lethal injection.

1984 - Velma Barfield of North Carolina becomes the 1st woman executed since reinstatement of the death penalty.

1986 - Ford v. Wainwright. Execution of insane persons is banned.

1987 - McCleskey v. Kemp. Racial disparities are not recognized as a constitutional violation of "equal protection of the law" unless intentional racial discrimination against the defendant can be shown.

1988 - Thompson v. Oklahoma. Executions of offenders age 15 and younger at the time of their crimes are declared unconstitutional.

1989 - Stanford v. Kentucky, and Wilkins v. Missouri. The Eighth Amendment does not prohibit the death penalty for crimes committed at age 16 or 17.

1994 - President Bill Clinton signs the Violent Crime Control and Law Enforcement Act that expands the federal death penalty.

1996 - The last execution by hanging takes place in Delaware, with the death of Billy Bailey.

January 31, 2000 - A moratorium on executions is declared by Illinois Governor George Ryan. Since 1976, Illinois is the 1st state to block executions.

2002 - Atkins v. Virginia. The Supreme Court rules that the execution of mentally retarded defendants violates the Eighth Amendment's ban on cruel and unusual punishment.

January 2003 - Before leaving office, Governor George Ryan grants clemency to all of the remaining 167 inmates on Illinois's death row, due to the flawed process that led to the death sentences.

June 2004 - New York's death penalty law is declared unconstitutional by the state's high court.

March 1, 2005 - Roper v. Simmons. The Supreme Court rules that the execution of juvenile killers is unconstitutional. The 5-4 decision tosses out the death sentence of a Missouri man who was 17-years-old when he murdered a St. Louis area woman in 1993.

December 2, 2005 - The execution of Kenneth Lee Boyd in North Carolina marks the 1,000th time the death penalty has been carried out since it was reinstated by the Supreme Court in 1976. Boyd, 57, is executed for the 1988 murders of his wife, Julie Curry Boyd, and father-in-law, Thomas Dillard Curry.

June 12, 2006 - The Supreme Court rules that death row inmates can challenge the use of lethal injection as a method of execution.

December 15, 2006 - Florida Governor Jeb Bush suspends the death penalty after the execution of prisoner Angel Diaz. Diaz had to be given 2 injections, and it took more than 30 minutes for him to die.

December 15, 2006 - Judge Jeremy Fogel of the U.S. District Court in San Jose rules that lethal injection in California violates the constitutional prohibition of cruel and unusual punishment.

December 17, 2007 - Governor Jon Corzine signs legislation banning the death penalty in New Jersey. The death sentences of 8 men are commuted to life terms.

September 2007 - The U.S. Supreme Court takes up the case of Baze and Bowling v. Rees, in which two Kentucky death row inmates challenged Kentucky's use of a 3-drug mixture for death by lethal injection.

December 31, 2007 - Due to the de facto moratorium on executions, pending the Supreme Court's ruling, only 42 people in the U.S. are executed in 2007. It is the lowest total in more than 10 years.

April 14, 2008 - In a 7-2 ruling, the Supreme Court upholds Kentucky's use of lethal injection. Between September 2007, when the Court took on the case, and April 2008 no one was executed in the U.S.

March 18, 2009 - Governor Bill Richardson of New Mexico signs legislation repealing the death penalty in his state. His actions will not affect 2 prisoners currently on death row, Robert Fry, who killed a woman in 2000, and Tim Allen, who killed a 17-year-old girl in 1994.

November 13, 2009 - Ohio becomes the 1st state to switch to a method of lethal injection using a single drug, rather than the 3-drug method used by other states.

2010 - Execution by firing squad is used for the last time in Utah, with the death of Ronnie Lee Gardner.

March 9, 2011 - Illinois Gov. Pat Quinn announces that he has signed legislation eliminating the death penalty in his state, more than 10 years after the state halted executions.

March 16, 2011 - The Drug Enforcement Agency seizes Georgia's supply of thiopental, over questions of where the state obtained the drug. U.S. manufacturer Hospira stopped producing the drug in 2009. The countries that still produce the drug do not allow it to be exported to the U.S. for use in lethal injections.

May 20, 2011 - The Georgia Department of Corrections announces that pentobarbital will be substituted for sodium thiopental in the 3-drug lethal injection process.

July 2011 - Lundbeck Inc., the company that makes pentobarbital (brand name Nembutal), the drug used in lethal injections, announces it will restrict the use of its product from prisons carrying out capital punishment. "After much consideration, we have determined that a restricted distribution system is the most meaningful means through which we can restrict the misuse of Nembutal. While the company has never sold the product directly to prisons and therefore can't make guarantees, we are confident that our new distribution program will play a substantial role in restricting prisons' access to Nembutal for misuse as part of lethal injection." Lundbeck also states that it "adamantly opposes the distressing misuse of our product in capital punishment."

July 7, 2011 - Humberto Leal Garcia, Jr., a Mexican national, is executed by lethal injection, in Texas for the 1994 kidnap, rape and murder of Adra Sauceda in San Antonio. Despite pleas from the U.S. State Department and the White House, Texas Governor Rick Perry does not grant clemency and the U.S. Supreme Court does not intervene.

November 22, 2011 - Governor John Kitzhaber of Oregon grants a reprieve to Gary Haugen, who was scheduled to be executed December 6. Kitzhaber, a licensed physician, also puts a moratorium on all state executions for the remainder of his term in office.

April 25, 2012 - Connecticut Governor Dannel Malloy signs S.B. 280, An Act Revising the Penalty for Capital Felonies, into law. The law goes into effect immediately and replaces the death penalty with life without the possibility of parole. The law is not retroactive to those already on death row.

June 22, 2012 - The Arkansas Supreme Court strikes down the state's execution law, calling the form of lethal injection the state uses unconstitutional.

August 7, 2012 - The Supreme Court allows the execution of Marvin Wilson, 54, a Texas inmate with low IQ.

November 6, 2012 - A measure to repeal the death penalty in California fails.

May 2, 2013 - Maryland's governor signs a bill repealing the death penalty. The legislation goes into effect October 1.

June 26, 2013 - Texas executes its 500th prisoner since 1982, Kimberly McCarthy, for the 1997 murder of Dorothy Booth. McCarthy is the 1st female executed in the U.S. since 2010.

November 20, 2013 - Missouri executes white supremacist serial killer Joseph Paul Franklin for the 1977 murder of Gerald Gordon. He was blamed for 22 killings between 1977 and 1980.

January 16, 2014 - Ohio executes inmate Dennis McGuire with a new combination of drugs, due to the unavailability of drugs such as pentobarbital. The state used a combination of the drugs midazolam, a sedative, and the painkiller hydromorphone, according to the state corrections department. According to witness Alan Johnson of the Columbus Dispatch, the whole execution process took 24 minutes, and McGuire appeared to be gasping for air for 10 to 13 minutes.

February 11, 2014 - Washington Gov. Jay Inslee announces that he is issuing a moratorium on death penalty cases during his term in office.

May 22, 2014 - Tennessee becomes the 1st state to make death by electric chair mandatory when lethal injection drugs are unavailable.

May 28, 2014 - A judge in Ohio issues an order temporarily suspending executions in the state so that authorities can further study new lethal injection protocols.

July 23, 2014 - Arizona uses a new combination of drugs for the lethal injection to execute convicted murderer Joseph Woods. After he was injected it took him nearly 2 hours to die. Witness accounts differ as to whether he was gasping for air or snoring as he died.

September 4, 2014 - The Oklahoma Department of Public Safety issues a report on the controversial April execution of inmate Clayton Lockett. Complications with the placement of an IV into Lockett played a significant role in problems with his execution, according to the report. An autopsy confirmed that Lockett died from the execution drugs and not from a heart attack, but many consider it botched nonetheless because it took 43 minutes for him to die.

November 19, 2014 - A Utah legislative committee votes 9-2 to endorse a bill that will allow the execution of condemned prisoners by firing squad if drugs needed for lethal injection are not available. The bill is scheduled to be heard by full Utah Legislature convening in January 2015.

December 22, 2014 - A U.S. district court judge in Oklahoma rules that future scheduled executions may proceed after he denies a preliminary injunction request filed by 21 Oklahoma death row inmates stemming from the problematic execution of Clayton Lockett on April 29th.

December 22, 2014 - Arizona's state-commisioned review board decides that the execution of Joseph Woods was "handled appropriately," but that it will be changing the combination they use in future executions from a 2 drug formula to a 3 drug formula, or a single drug injection if the State can obtain it (pentobarbital).

December 31, 2014 - Outgoing Maryland Gov. Martin O'Malley takes the state's last 4 inmates off death row, commuting their sentences to life in prison without parole in one of his final acts in office.

January 8, 2015 - Ohio announces that it is reincorporating thiopental sodium, a drug which it used in executions from 1999-2011, into it's execution policy. The state is also dropping the two-drug regimen of midazolam and hydromorphone.

(source: CNN)
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