Tag: death penalty

Cross posted from The Stars Hollow Gazette

For the last couple of years pharmaceutical companies have been refusing to supply states with the drugs needed for lethal injection executions. Some of the states got creative and turned to compounding pharmacies for their supply of pentobarbital but the International Academy of Compounding Pharmacists has come out with a statement discouraging members from helping states carry out executions. Then  American Pharmacists Association adopted the same policy

The policy states: “The American Pharmacists Association discourages pharmacist participation in executions on the basis that such activities are fundamentally contrary to the role of pharmacists as providers of health care.”

APhA Executive Vice President and CEO, Thomas E. Menighan, BSPharm, MBA, ScD (Hon), FAPhA, stated, “Pharmacists are health care providers and pharmacist participation in executions conflicts with the profession’s role on the patient health care team. This new policy aligns APhA with the execution policies of other major health care associations including the American Medical Association, the American Nurses Association and the American Board of Anesthesiology.

In the barbaric custom of using secret drugs to execute prisoners, the state of Arizona botched another state sponsored murder taking nearly two hours for convicted murder Joseph R. Wood III to die.

In another unexpectedly prolonged execution using disputed lethal injection drugs, a condemned Arizona prisoner on Wednesday repeatedly gasped for one hour and 40 minutes, according to witnesses, before dying at an Arizona state prison.

At 1:52 p.m. Wednesday, one day after the United States Supreme Court overturned a stay of execution granted by a federal appeals court last Saturday, the execution of Joseph R. Wood III commenced.

But what would normally be a 10- to 15-minute procedure dragged on for nearly two hours, as Mr. Wood appeared repeatedly to gasp, according to witnesses including reporters and one of his federal defenders, Dale Baich. [..]

Arizona officials said they were using the same sedative that was used in Oklahoma, midazolam, together with a different second drug, hydromorphone, a combination that has been used previously in Ohio. Similar problems were reported in the execution in Ohio in January of Dennis McGuire, using the same two drugs. He reportedly gasped as the procedure took longer than expected.

Capital punishment by lethal injection has been thrown into turmoil as the supplies of traditionally used barbiturates have dried up, in part because companies are unwilling to manufacture and sell them for this purpose.

A court order was issued to preserve Mr. Wood’s body and anything that was used during the execution. The medical examiner was also ordered to take blood and tissue samples by 11 PM last night but he refused to comply with the deadline.

While Arizona Governor Jan Brewer (R) has ordered the State Department of Corrections to review the execution, Mr. Wood’s attorneys have called for an independent inquiry:

“There has to be a thorough and independent review of what happened here and the Arizona execution protocol,” Dale Baich, a member of Wood’s legal team, told the Guardian.

Wood’s death reignites controversies about state secrecy and the suitability of drugs used to execute prisoners. It was the third time this year that a lethal injection procedure has gone wrong, following problems in Ohio and Oklahoma.  [..]

“We were concerned that the mixture of midazolam and hydromorphone had only been used in one prior execution and that did not turn out well, so we were very concerned about that and that’s why we asked as one of our requests: how did the state come up with the formula that it was using?” Baich said.

This is an experiment by people who have no clue about what they are doing and is barbaric. It just needs to stop.

Cross posted from The Stars Hollow Gazette

March 18 marked the fiftieth anniversary of Gideon v. Wainwright, the landmark case by the Supreme Court that required states under the 14th amendment to provide counsel in criminal cases for defendants who are unable to afford to pay their own attorneys, extending the identical requirement made on the federal government under the 6th Amendment.

But is justice now equal?

The Legacy of Gideon v. Wainwright

by John Light, Moyers & Company

Anthony Lewis, The New York Times journalist whose masterwork chronicled the Supreme Court’s landmark Gideon v. Wainwright decision, died earlier this week at the age of 85. The court’s ruling, handed down 50 years ago last week, established a criminal defendant’s right to an attorney, even if that defendant cannot afford one. [..]

Here are some resources on Anthony Lewis and the legacy of Gideon v. Wainwright.

1. Gideon’s Trumpet

In 1964, Lewis, a two-time Pulitzer Prize winner, published his book Gideon’s Trumpet. In it, he described Clarence Earl Gideon as a wrongly convicted Florida man convinced that he was entitled to legal representation even though the state of Florida said otherwise. [..]

2. Defending Gideon

A new documentary from The Constitution Project and the New Media Advocacy Project examines the impact of Gideon v. Wainwright and includes a recent interview with Anthony Lewis as well as an archival interview from the 1960s with Gideon, who explains that he was surprised to hear from the trial judge that he was not entitled to a lawyer. [..]

3. “The Silencing of Gideon’s Trumpet”

Ten years ago, on the 40th anniversary of Gideon v. Wainwright, Lewis described in The New York Times Magazine the “endless failures to bring the promise of Gideon to life.” He wrote, “Even more alarming is the assertion by the Bush administration that in a whole new class of cases it can deny the right to counsel altogether. [..]

4. Adam Liptak on Lewis’s Transformative Journalism

Adam Liptak, one of Lewis’s successors as Supreme Court correspondent for The New York Times, wrote the paper’s obituary of its former reporter and columnist. He noted that Gideon’s Trumpet has never been out of print from the day it was published, and that Lewis’s knowledgeable and thorough coverage of the court during the years Earl Warren served as its chief justice made him almost as essential to its history as the judges themselves. [..]

5. Andrew Cohen on Lewis and Gideon today

Writing in The Atlantic earlier this month, legal scholar Andrew Cohen described how, in the story of Gideon v. Wainwright, Lewis found material for one of the “best nonfiction works written about the Supreme Court and the American legal system.” [..]

But the thrust of Cohen’s essay is that Gideon’s legacy has not fared so well. A Brennan Center for Justice report found that many court appointed lawyers are overworked and spend less than six minutes per case at hearings where they counsel their clients to plead guilty. Lawmakers haven’t funded public defenders adequately, Cohen says, and the Supreme Court has not required them to do so.

On March 29th’s Moyers & Company, host Bill Moyers discussed the system’s failures, and ongoing struggles at the crossroads of race, class and justice with attorney and legal scholar Bryan Stevenson. Then Mr. Moyers is joined by journalists Martin Clancy and Tim O’Brien, authors of Murder at the Supreme Court, to examine the fatal flaws of the death penalty.

The broadcast closes with a Bill Moyers Essay on the hypocrisy of “justice for all” in a society where billions are squandered for a war born in fraud while the poor are pushed aside.

Cross posted from The Stars Hollow Gazette

Someone has finally found the argument that could finally put an end to the death penalty, it costs too much. In the age of austerity, the cost to the state of Maryland to litigate the appeal of inmates on death row is three times higher than the cost of life in prison without parole:

In its 2008 report, the (Maryland Commission on Capital Punishment) wrote that the average cost of prosecuting and imprisoning a Death Row inmate was $3 million, nearly three times higher than the cost of convicting and sentencing a murderer to life imprisonment. Of that $3 million, $1.7 million is spent in the courtroom and $1.3 million is spent in a Supermax prison, the commission wrote. [..]

The commission determined that the state spent $1.8 million dollars for every failed attempt to impose the death penalty, including $950,000 in prison costs and $850,000 in adjudication costs.

Maryland’s Gov. Martin O’Malley said since the death penalty is not a crime deterrent and the exorbitant cost, it is time to end the death penalty in his state.

On Friday, the Maryland state Senate once again began debating a bill to repeal capital punishment in the state. It needs 24 votes to pass and 26 senators have already said publicly that they support the repeal.

Rather than funnel all of their focus into moral and social arguments, the bill’s supporters have been making their point partly in economic terms. The cost of prosecuting a death row case in Maryland can be as much as three times what it costs for a case seeking a life sentence without parole.

On Sunday’s Up with Chris Hayes, Bryan Stevenson, founder & executive Director of Equal Justice Initiative, professor at New York University School of Law, addressed how the savings could benefit public safety. He and Up host Chris Hayes were joined by panelists Mattea Kramer, the National Priorities Project; David Sirota, contributor to Salon.com; and Roberto Lovato, writer for New American Media, contributor to The Nation.

I don’t feel very good about this country this morning, and as so many of us are I’m thinking of how Troy Davis was hustled off this mortal coil by the State of Georgia without a lot of thought of what it means to execute the innocent.

And given the choice, I’d rather see us abandon the death penalty altogether, for reasons that must, at this moment, seem self-evident; that said, it’s my suspicion that a lot of states are not going to be in any hurry to abandon their death penalties anytime soon now that they know the Supreme Court will allow the innocent to be murdered.

So what if there was a way to create a compromise that balanced the absolute need to protect the innocent with the feeling among many Americans that, for some crimes, we absolutely have to impose the death penalty?

Considering the circumstances, it’s not going to be an easy subject, but let’s give it a try, and see what we can do.

On September 21, 2011, the State of Georgia plans to kill Troy Davis by lethal injection.  Again.  This is the fourth time the State of Georgia has scheduled Davis for death.  In 2007 he was spared with less than 24 hours notice.  In September 2008, the hearse was waiting at the door and he was less than two hours away from the gurney.  A month later the execution was halted three days before execution.  And now, the rollercoaster from hope to despair has come to September 21, 2011.

Troy Davis’s conviction stems from the 1989 death of a Savannah police officer, Mark Allen McPhail.  The rollercoaster, for Troy Davis and his family and for the family of the officer, has been lurching back and forth for 22 years.  And with each year, doubt about the conviction has grown as witnesses have recanted and as jurors speak their unresolved doubts.  Lurking in the background is alarming possibility that the wrong man is waiting for the needle and that the real murderer has escaped.

The Atlanta Journal Constitution reports:

With only days before his scheduled execution, an effort to spare convicted killer Troy Davis is gathering thousands in rallies, vigils and other last-minute events from Atlanta to Peru to Berlin.

Citing doubts about his guilt, national leaders of the NAACP and Amnesty International led hundreds in a protest Friday against executing the man a Georgia jury said killed a Savannah police officer in 1989. Amnesty International declared a Global Day of Solidarity for Troy Davis, with 300 events across the United States and the globe, including in New York, Washington D.C., San Diego, Paris and Oslo.

Former President Jimmy Carter, Pope Benedict XVI and Nobel laureate Desmond Tutu are among those calling for his execution to be halted. And this week, Davis supporters presented 663,000 petitions to the Georgia Board of Pardons and Paroles asking for his life to be spared.

Troy Davis has one last chance to ask for leniency. The Georgia Board of Pardons and Paroles, which has the sole authority in Georgia to commute death sentences, will meet Monday to consider Davis’s case.

That means that this weekend is the last opportunity to sign a petition and to stand with more than 600,000 others for sparing Troy Davis.

The petition is here.

Details about the case are here from 2006 and here from 2008.

An excellent first person view is here (h/t OPOL).

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cross-posted from The Dream Antilles