[Deathpenalty] death penalty news----NEVADA
July 11 NEVADA: Judge halts execution of Scott Dozier in Nevada, next hearing won't happen for months Scott Dozier’s execution was halted by a judge Wednesday — just hours before he was scheduled to die. The 47-year-old twice convicted murderer was set to be executed by lethal injection at 8 p.m. at Ely State Prison. On Tuesday, the New Jersey-based drug manufacturing company, Alvogen, filed a lawsuit against the state, its chief medical officer and the Department of Corrections, alleging state officials obtained its product, midazolam, unlawfully. Clark County District Judge Elizabeth Gonzalez disallowed the use of the company's drug in a ruling that came down less than nine hours before Scott Raymond Dozier, 47, was to be executed with a three-chemical injection never before tried in the U.S. Two other drug companies also objected to the use of its products in executions. As a result, the execution was called off until further notice, the state Department of Corrections said in a news release Wednesday afternoon. The delay is likely to last months, according to the ACLU of Nevada. Possible big win for drug company If the ruling sticks, Alvogen would become the first drugmaker to successfully sue to halt an execution. New Jersey-based Alvogen had urged the judge to block the use of its sedative midazolam, saying that the state illegally obtained the product through "subterfuge" and intended to use it for unapproved purposes. The pharmaceutical company raised concerns that the drug could lead to a botched execution, citing cases that seemingly went awry elsewhere around the country. Todd Bice, an attorney with Alvogen, accused the state of deceptively obtaining the company's drug by having it shipped to a pharmacy in Las Vegas rather than the state prison in Ely. He said Alvogen had sent a letter to state officials in April telling them it opposes the use of its products in executions, particularly midazolam. The judge ruled that based on that letter, Alvogen had a reasonable probability of winning its lawsuit, and she issued the temporary restraining order against the use of the drug. Gonzalez set a hearing in the case for Sept. 10. Alvogen said in a statement that it was pleased with the ruling and will continue to work through the legal system to ensure its products are not used in executions. A second pharmaceutical company, Sandoz, also raised objections at Wednesday's hearing to the use of one of its drugs — the muscle-paralyzing substance cisatracurium — in the execution. But the company did not immediately ask to formally join Alvogen's lawsuit. A third company, Pfizer, last year demanded Nevada return the third drug intended for use in the execution, the powerful opioid fentanyl. But the state refused. Fentanyl, which has been blamed for deadly overdoses across the country, has not been used before in an execution. Jordan T. Smith, an assistant Nevada solicitor general, countered at Wednesday's hearing that Nevada didn't put up a "smokescreen" or do anything wrong in getting the drugs. He said drugs ordered by the state prison system are regularly shipped to Las Vegas. "This whole action is just PR damage control," Smith said of Alvogen. Drug companies have fought similar situations around the country Pharmaceutical companies have resisted the use of their drugs in executions for 10 years, citing both legal and ethical concerns. However, the legal challenge filed by Alvogen is only the second of its kind in the U.S, said Robert Dunham, executive director of the Death Penalty Information Center in Washington. The previous challenge, filed last year by a different company in Arkansas, was ultimately unsuccessful in stopping that execution. Alvogen's midazolam was substituted in May for Nevada's expired stock of diazepam, commonly known as Valium. The drug is intended to render the inmate unconscious. Nevada's new execution protocol also calls for the use of fentanyl to slow the inmate's breathing and cisatracurium to stop his breathing. Bice said that Alvogen does not take a position on the death penalty itself but opposes the use of the drug in a way that is fundamentally contrary to the drug's purpose — saving and improving patients' lives. In court papers, Alvogen also cited the risk of a botched execution, citing instances in Alabama, Arizona and Oklahoma in the past few years in which inmates were left gasping or snorting, appeared to regain consciousness or took an unusually long time to die. 'You want to kill me, kill me, man' Dozier, who attempted suicide in the past, has said he prefers execution to life behind bars. And for the past year, Dozier has been fighting to secure his own execution. He described life on death row as “not an acceptable life.” “I lived a life outside the law,” Dozier, 47, said in a recent phone interview with the Reno Gazette Journal. “You want to kill me, kill
[Deathpenalty] death penalty news----NEVADA
July 11 NEVADA(temporary?) stay of impending execution Judge halts tonight's Nevada execution, but Supreme Court could hear appeal today A Nevada judge effectively put the execution of a two-time killer on hold Wednesday after a pharmaceutical company objected to the use of one of its drugs to put someone to death. Clark County District Judge Elizabeth Gonzalez disallowed the use of the drug in a ruling that came down less than nine hours before Scott Raymond Dozier, 47, was to be executed with a three-chemical injection never before tried in the U.S. The Nevada Supreme Court could hear an appeal Wednesday afternoon of the judge's ruling to halt the use of a drug in the execution of a twice-convicted killer. Supreme Court spokesman Michael Sommermeyer says that some of the seven justices are in Chicago for a Nevada State Bar Association meeting, but that the court could meet by teleconference. The state of Nevada had not yet appealed by midday. The state said it would explore whether it could appeal to the Nevada Supreme Court. Nevada state prisons spokeswoman Brooke Santina had no immediate comment. The delay is likely to be at least 60 days, according to a tweet from the ACLU of Nevada. If the ruling sticks, Alvogen would become the first drugmaker to successfully sue to halt an execution. New Jersey-based Alvogen had urged the judge to block the use of its sedative midazolam, saying that the state illegally obtained the product through "subterfuge" and intended to use it for unapproved purposes. The pharmaceutical company raised concerns that the drug could lead to a botched execution, citing cases that seemingly went awry elsewhere around the country. Todd Bice, an attorney with Alvogen, accused the state of deceptively obtaining the company's drug by having it shipped to a pharmacy in Las Vegas rather than the state prison in Ely. He said Alvogen had sent a letter to state officials in April telling them it opposes the use of its products in executions, particularly midazolam. The judge ruled that based on that letter, Alvogen had a reasonable probability of winning its lawsuit, and she issued the temporary restraining order against the use of the drug. Gonzalez set a hearing in the case for Sept. 10. Alvogen said in a statement that it was pleased with the ruling and will continue to work through the legal system to ensure its products are not used in executions. A second pharmaceutical company, Sandoz, also raised objections at Wednesday's hearing to the use of one of its drugs — the muscle-paralyzing substance cisatracurium — in the execution. But the company did not immediately ask to formally join Alvogen's lawsuit. A third company, Pfizer, last year demanded Nevada return the third drug intended for use in the execution, the powerful opioid fentanyl. But the state refused. Fentanyl, which has been blamed for deadly overdoses across the country, has not been used before in an execution. Jordan T. Smith, an assistant Nevada solicitor general, countered at Wednesday's hearing that Nevada didn't put up a "smokescreen" or do anything wrong in getting the drugs. He said drugs ordered by the state prison system are regularly shipped to Las Vegas. "This whole action is just PR damage control," Smith said of Alvogen. Pharmaceutical companies have resisted the use of their drugs in executions for 10 years, citing both legal and ethical concerns. However, the legal challenge filed by Alvogen is only the second of its kind in the U.S, said Robert Dunham, executive director of the Death Penalty Information Center in Washington. The previous challenge, filed last year by a different company in Arkansas, was ultimately unsuccessful in stopping that execution. Alvogen's midazolam was substituted in May for Nevada's expired stock of diazepam, commonly known as Valium. The drug is intended to render the inmate unconscious. Nevada's new execution protocol also calls for the use of fentanyl to slow the inmate's breathing and cisatracurium to stop his breathing. Bice said that Alvogen does not take a position on the death penalty itself but opposes the use of the drug in a way that is fundamentally contrary to the drug's purpose — saving and improving patients' lives. In court papers, Alvogen also cited the risk of a botched execution, citing instances in Alabama, Arizona and Oklahoma in the past few years in which inmates were left gasping or snorting, appeared to regain consciousness or took an unusually long time to die. Dozier, who attempted suicide in the past, has said he prefers execution to life behind bars. And for the past year, Dozier has been fighting to secure his own execution. He described life on death row as “not an acceptable life.” “I lived a life outside the law,” Dozier, 47, said in a recent phone interview with the Reno Gazette Journal. “You want to kill me, kill me, man.” Dozier was
[Deathpenalty] death penalty news----NEVADA
May 28 NEVADA: On the Record: The policy positions of Democratic Clark County District Attorney candidate Rob Langford It happens like clockwork. Candidates announce their bids for office. Then the attack ads follow in short order, unabashedly targeting their voting records and more. We're here to help. The Nevada Independent already produces fact-checks for political advertisements and off-the-cuff remarks, but we also want to get ahead of the campaign game. When politicians announce their candidacy for public office, we'll roll out "On the Record" - our look at their voting history and stances on a broad array of subjects. Now up: Rob Langford, a longtime criminal defense attorney who filed to run against Clark County District Attorney Steve Wolfson. Both Wolfson and Langford are Democrats. Reasons for running Langford filed to run on the last possible day to do so, and just a day after the publication of a Las Vegas Review-Journal story detailing how Wolfson declined to press charges or publicly report a close aide???s theft of $42,000 from his campaign account to cover a gambling habit. But Langford, who has spent 8 years on the board of the American Civil Liberties Union of Nevada, said he had been involved in recruiting what he called a more progressive challenger to Wolfson prior to the Review-Journal story, but decided to jump in the race himself after that potential candidate - whom he declined to name - decided not to run. Langford, 59, said the office had typically been seen as an "entry-level" political position used as a stepping stone for higher-level office, but cited a growing awareness of the power of public prosecutors in the realm of criminal justice, coupled with the state's prison population constantly over capacity. "You know, all of Nevada would be affected by a progressive D.A. in Clark County," he said. "And so I felt like somebody had step up." On several occasions in an interview, Langford cited progressive Philadelphia District Attorney Larry Krasner, who has embarked on an ambitious overhaul of the department's strategy and policies since being elected last November, including dropping minor marijuana and sex work cases, referring more cases to diversion courts and easing the city's rules on probation. Few other players in the criminal justice system have as much power as prosecutors, as author Michelle Alexander wrote in her 2010 book The New Jim Crow. "Few rules constrain the exercise of prosecutorial discretion," she wrote. "The prosecutor is free to dismiss a case for any reason or no reason at all, regardless of the strength of the evidence. The prosecutor is also free to file more charges against a defendant than can realistically be proven in court, so long as probable cause arguably exists. Whether a good plea deal is offered to a defendant is entirely up to the prosecutor. And if the mood strikes, the prosecutor can transfer drug defendants to the federal system, where the penalties are more severe." Death Penalty Although he is not outright opposed to the death penalty, Langford criticized the current district attorney's office for how it approaches death penalty cases. Wolfson has reduced the number of death penalty cases sought compared to his predecessor, but his office is still an outlier both in the state and nationally in the number of capital punishment cases sought. A 2015 review by the Fair Punishment Project reported that Clark County approved 9 death sentences between 2011 and 2015, including 6 under Wolfson's tenure. Langford accused the office of using the death penalty as a negotiating tactic, which he called "medieval," and that the office was spending millions of dollars to bring those cases forward, despite actual executions being relatively rare. "We've been litigating millions and millions of dollars of litigation year in and year out, and they are not being executed nor should they be, in my opinion, because they're not the worst of the worse and/or the manner in which the case was litigated is faulty," he said. "So I think that it's insane the amount of money that we're spending, and at some point somebody has to stand up and say no." As an example, he pointed to all of the recent litigation around Scott Dozier, the inmate who has given up all appeals on his death penalty case but has nonetheless spent months in court amid a battle over the correct drug cocktail the state will use in the execution. "How much money was spent just on deciding whether the one drug was going to work the way they intended it to work?" he asked. He said that shifting resources away from capital punishment cases would free up attorneys in the office to focus on other, more pressing cases. "If you???re not doing a death penalty case, you're doing better job on other cases," he said. "You have more resources to spend on other cases. You know, there is a reason that
[Deathpenalty] death penalty news----NEVADA
June 19 NEVADA: Court upholds death penalty for man in killing of ex-girlfriend The Nevada Supreme Court on Thursday upheld the death penalty for James Chappell, who was mistakenly released from prison in Las Vegas and then raped and stabbed to death his ex-girlfriend, who was the mother of his 3 children. Chappell maintained that his defense attorney at the penalty hearing had failed to properly prepare witnesses and that the prosecution made errors that merited overturning of the death penalty. He was convicted of 1st-degree murder, robbery and sexual assault in the death of Deborah Panos in August 1995. His 1st death sentence was overturned by a District Court judge. A 2nd penalty hearing delivered the same death penalty. Chappell, according to court records, was erroneously released by officers from prison, where he was serving a term for domestic battery. He went to Panos' home, climbed through a window and attacked her, according to court records. (source: Associated Press) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
[Deathpenalty] death penalty news----NEVADA
March 31 NEVADAnew execution date//inmate drops appeals//volunteer Execution date set for inmate A Washoe District judge today set the week of May 15 for the execution of death row inmate Daryl Mack, convicted of sexually assaulting and strangling a Reno woman at a boarding home in 1988. Although Mack denies killing Betty Jane May, he has dropped his appeals and told the judge he wanted to proceed with his death. He attempted to go forward with his execution last fall, but his mother, Viola Mack, filed a petition to stop his execution, saying he deserved a full and fair competency hearing. The Nevada Supreme Court ordered a stay of his execution while it considered her appeal, but in November, the court dismissed the petition, saying that Mack understood his situation and the consequences of his decision. Mack was serving a life sentence for the 1994 murder of Kim Parks in a Reno motel when investigators linked him through DNA evidence to May's death. He pleaded innocent and asked to be tried by a judge, instead of a jury. Judge James Hardesty found him guilty, and a 3-judge panel sentenced him to death in May 2002. (source: Reno Gazette-Journal)
[Deathpenalty]death penalty news------NEVADA
July 20 NEVADAnew execution date New order signed for Nevada execution A new warrant was signed Tuesday for the execution of Terry Jess Dennis, convicted of strangling a woman in Reno. Dennis, who was scheduled to die by lethal injection Thursday, had his date with death delayed when Washoe District Judge Janet Berry last week ruled the initial execution warrant was flawed. Berry signed a new order setting the execution at the Nevada State Prison in Carson City for the week of Aug. 9. Dennis was not present in the courtroom at his own request, lawyers said. Dennis was convicted of killing Ilona Strumanis, 51, an Eastern bloc immigrant who he had recently met. The 2 spent several days in a motel room on a beer-and-vodka binge. He told police he strangled Strumanis with a belt in March 1999 after she made fun of him when he was unable to perform sexually and questioned his claim that he killed enemy soldiers while serving as an Air Force clerk in Saigon. Dennis, who has a history of alcoholism, mental illness and failed suicide attempts, has withdrawn all his appeals and said he'd rather die then spend the rest of his life behind bars. A psychiatrist's report said depression and self-hatred prompted Dennis to refuse any more appeals. Michael Pescetta, assistant federal public defender, has appealed the case to the 9th U.S. Circuit Court of Appeals in San Francisco. In a brief filed with court, Pescetta argued the execution would amount to state assisted suicide, given Dennis' previous failed efforts on his own But the attorney general's office countered that Dennis has been found mentally competent by the courts, and his past mental illness is irrelevant. That appeal is pending. (source: Associated Press)
[Deathpenalty]death penalty news----NEVADA
August 12 NEVADAexecution//volunteer Nevada death row inmate executed for 1999 Reno strangling Death row inmate Terry Jess Dennis, resolute to the end about not wanting any appeals, was executed Thursday night at the Nevada State Prison for strangling a woman in a Reno motel room in 1999. Dennis was led into the death chamber after a final meal. Earlier in the day, he spent nearly 3 hours with his brother, Gary Dennis, but said he didn't want to talk with his estranged wife, who tried to contact him by telephone. Gary Dennis told The Associated Press that his brother, who had attempted suicide numerous times over the years, didn't want to stop his lethal injection because he saw this as an easy way to go, relatively painless. Dennis becomes the 2nd condemned inmate to be put to death this year in Nevada and the 11th overall since the state resumed capital punishment in 1979. Dennis pleaded guilty to the killing of Ilona Strumanis, 51, during a vodka-and-beer binge in a motel room. A 3-judge panel sentenced Dennis to death. In a court hearing, Dennis said: Well, I'm not sure what the process is step by step, but in the end, without getting into a biblical standard of an eye for an eye or anything like that, basically, I took a life and I'm ready to pay for that with mine. Dennis said it was not the conditions on Nevada's death row at Ely State Prison that are causing him to proceed with his execution. He said they aren't any worse than one would expect. Dennis becomes the 38th condemned inmate to be put to death this year in the USA and the 923rd overall since America resumed executions on January 17, 1977. (sources: Associated Press, Las Vegas Review-Journal Rick Halperin)
[Deathpenalty]death penalty news----NEVADA
Feb. 26 NEVADAbill seeks to end juvenile death penatly ASSEMBLY PANEL: Death penalty bill heardMeasure would prohibit use of capital punishment for those age 16 and 17 A lawmaker renewed her efforts Friday to ban the death penalty for those who commit crimes before age 18, saying life in prison without parole is adequate punishment. That means they will spend an eternity in prison, and not be relieved from their actions until death, said Assemblywoman Chris Giunchigliani, D-Las Vegas. The death penalty is not a deterrent, especially with youthful offenders who don't think further than today, let alone think about the consequences. Giunchigliani made her comments to the Assembly Judiciary Committee on Assembly Bill 6, which would change Nevada law to prohibit the use of capital punishment for those age 16 and 17. The panel took no action on the measure. A similar bill passed the Assembly in 2003, but failed to pass in the Senate Judiciary Committee. Giunchigliani said young teens are not as mentally developed as adults and so should not be subjected to the ultimate penalty. There is now clear biological evidence that adolescents do not have the same ability as adults to make sound decisions and to prevent impulsive behavior, she said. Also testifying for the bill was Assistant Federal Public Defender Michael Pescetta, who spoke as an individual, not as a representative of his office. 31 states do not allow the execution of juveniles, with South Dakota and Wyoming being the most recent two states to outlaw the practice, he said. Lawmakers recognize that juveniles are too immature to buy alcohol, smoke or vote, Pescetta said. There is no difference, I would submit, between the immaturity of those choices and the immaturity of the choice to commit an offense, he said. Testifying against the bill was Ben Graham, representing the Nevada District Attorneys Association. The youth of the defendant in a capital murder case can be a factor presented to a jury in favor of a punishment less than death, he said. It's very, very rare that we would ask for a death penalty for a younger person, Graham said. It's quite rare that we ask for the death penalty under any circumstance in this state. Nevada has one death row inmate who was under 18 when he committed his crime. Michael Domingues was 16 in 1993 when he killed a woman and her 4-year-old son in Las Vegas when they returned home during a robbery. Giunchigliani's bill would be retroactive to Domingues' case, converting it to life without parole. Nevada has not executed any inmates who were under 18 when their crimes were committed since the death penalty was reinstated in 1977. The decision on executing juveniles could be taken out of the hands of the Legislature. The U.S. Supreme Court last fall heard a case involving the juvenile death penalty in a Missouri case. The court has not yet issued its ruling. (source: Las Vegas Review-Journal)
