Ohio Death Penalty Information

Posts are limited due to work-related time constraints.

Ohio Parole Board recommends denial of clemency for Clarence Carter by 6-3 vote

In a rare split vote, the OPB has recommended that Governor Strickland deny clemency to Clarence Carter.  Clemency report is here (19-page pdf).  The Cincinnati Enquirer has this coverage, entitled "Strickland urged to deny clemency."

More information on Clarence Carter - who has an execution date set for July 10 - is here

Additional problems indicated in Newton execution / State refuses autopsy or other investigation

Julie Carr Smyth has this AP report, entitled "Execution took 16 minutes; Inmate was seen to convulse, twitch; fuel for debate."

Excerpt:
The 16 minutes it took for Christopher Newton to die once lethal chemicals began flowing into his veins was the longest stretch of any executed inmate for whom records have been kept since 1999, an Associated Press review of state prison records shows.

During that span Thursday, Newton's stomach heaved, his chin quivered and twitched, and his body twice mildly convulsed within its restraints. Records show that other Ohio inmates died within an average of 7.5 minutes.

Newton's unusual amount of movement, when combined with the event's long duration, raised new questions Friday among death penalty critics already alarmed by the 90 minutes it took to find suitable veins through which to infuse the lethal cocktail.

The American Civil Liberties Union of Ohio on Thursday asked the state to halt its vigorous execution program in the wake of Newton's experience, but state prison officials said Friday his execution was properly handled and considered successful. They planned no investigation or autopsy.

Ohio State University surgeon Jonathan Groner, a death penalty opponent, said the second of three drugs contained in the cocktail should have paralyzed Newton, rather than allowing the five minutes of movement witnesses to his execution could observe.

"That would suggest that the second drug of the 3-drug protocol was not being effective," he said. Groner said multiple needle insertions into Newton's veins - which began in the crook of his elbow but migrated up and down both his arms as efforts intensified to insert the shunts - are likely to have made them porous and unable to efficiently deliver the deadly chemicals.

"It seems too long," he said. "The whole thing seems agonizing."

State prison officials said there was no connection between the 90 minutes of poking with needles Newton underwent beforehand and his movement on the table.

Prisons spokeswoman Andrea Dean said Newton's obesity - he was 6 feet, 265 pounds - explains both the difficulty in accessing his veins and the motion visible in the execution chamber.

"The only movement I saw was you could see his chest moving and then his lower lip was quivering," said Dean, who was present at the event. "The warden told us he was snoring."

(More information on Newton execution here.)

Newton execution draws more criticism:  Alan Johnson has this article in the Columbus Dispatch, entitled "Ohio draws criticism for drawn-out executions; State's lethal-injection process seriously flawed, expert says."

Excerpt:
With the two most troubled lethal injections in the country on its record, Ohio should scrupulously review or halt executions, a national expert said yesterday.

Deborah Denno, a professor of criminal law at the Fordham University School of Law, concluded that in light of delays in Thursday's execution of Christopher J. Newton, "problems with lethal injection in Ohio have been recurring and only becoming worse."

"The state's protocol revisions, paltry to begin with, are entirely ineffective," she told The Dispatch. "Even when the Department of (Rehabilitation and) Correction is doing what it thinks is its very best, and people know they're being watched, it's not working well." ...

• AP has this timeline of the Newton execution.
• More information on Newton execution is here.

Holiday wishes:  The number of visitors to this website over the last day is fast approaching surpassing the record of 3500+ visitors for one 24-hour period leading to and following the execution of Darrell Ferguson in August, 2006.  I would like to thank the non-regular visitors for checking out this blog, hope they will not wait until another extreme extermination happens in Ohio before stopping back, and hope something they find here inspires a determination to get involved or continue to act to end the practice of executions in Ohio and elsewhere.

Happy holiday, go Cavs - and, if you haven't already done so, please take a moment to call Governor Strickland at 614-466-3555

Youngstown Supermax suicide:  Prisonersolidarity.org  notes the suicide of Youngstown Supermax inmate Daniel McCauley, who had been serving a life sentence for a crime committed at the age of 16.  An essay written by McCauley, entitled "Saving our Youth," posted to the Prisonersolidarity website in August, 2006, is here.

Ohio Governor Ted Strickland phone number:  614-466-3555 

Yesterday's US 6th Circuit Ct. of Appeals ruling reinstating Robert Van Hook conviction, death sentence:  Terry Kinney has this AP report, entitled "Appellate court widens avenue for police to question suspects."

AP excerpt:
...The 8-7 ruling again showed the polarization of the Cincinnati-based court - which hears appeals from Ohio, Michigan, Kentucky and Tennessee - on the death penalty and prisoners' rights. ...

(Earlier coverage here.)

Dr. Jonathon Groner, MD, press release on Newton execution:  Full statement is here (1-page Word doc.).

Excerpt:
...Why did all of the “refinements” fail?  Because lethal injection is based on medical technology and therefore requires medical expertise.  IV access problems occur every day in hospitals, but there are skilled medical professionals available in hospitals to help out. In difficult patients, sometimes sophisticated IV access procedures are performed by physicians.

But if physicians were to assist with an execution, they would be violating fundamental principles of medical ethics. Thus, lethal injection is inherently flawed.  Performing a lethal injection without medical professionals (such as physicians) can cause torture, but performing it with physicians is unethical.  Therefore, no amount of  “refinement” can fix Ohio’s execution technique.

Today’s execution was both unprofessional and undignified.  Future executions are likely to be botched aswell.  It is time for Governor Strickland to call for a moratorium on capital punishment in Ohio.

More coverage of Christopher Newton execution:  Julie Carr Smyth has this story for AP, entitled "Execution took two hours; vein couldn't be located."  AC Media has this report, entitled "Ohio Botches Execution Again."  WTOL-TV in Toledo has this article, entitled "Toledo Attorney Angry Over Botched Executions," on the reaction by Joseph Clark attorney Alan Konop.  Alan Johnson has this for the Columbus Dispatch, entitled "Prisoner executed after IV lines cause delay."  The Toledo Blade has this article, entitled "Prison staff's inability to find veins prolongs Newton's execution."  The Mansfield News Journal has this.  Wayne Baker has this article (and accompanying video with graphic and disturbing witness acounts by reporters Marck Kovac and Mike Bowersock) in the Sandusky Register, entitled "Huron man executed."  Jo Ingles has this audio report (2:47) for Ohio Public Radio (contains actualities of Carrie Davis of the Ohio ACLU and Andrea Dean of ODRC).

AP excerpt:
...Prison staff acted "out of an abundance of caution," and the amount of time they spent ensuring two veins were open prevented problems with the chemical injection, said Keith Dailey, spokesman for Gov. Ted Strickland.

"The governor's understanding is that the procedure worked exactly the way it is supposed to work," he said.

A group of Ohio inmates is suing over the state's injection method, saying it is unconstitutionally cruel, and the American Civil Liberties Union of Ohio called on the state to stop executions because of Thursday's problems.

The incident will be discussed as part of the inmate lawsuit and helps show the state is unable to smoothly complete executions, said Greg Meyers, chief counsel for the Public Defender's Office.

"There will be a day in trial that they will have to answer up as to what caused this two-hour delay," he said. "That's a lot of time messing around trying to get a needle in a vein."

Dispatch excerpt:
...In an interview, Strickland told The Dispatch that he was "personally satisfied that everything that was done during that process" showed consideration for the inmate. He said the event "is not a justification for a change of position regarding the death penalty in Ohio."

Strickland, who monitored the execution from his Statehouse office, added, "It's a sad and tragic thing when any human life is lost."

Terry Collins, director of the Department of Rehabilitation and Correction, said the IV problems were handled in line with procedural changes he made after Clark's execution. ...

Blade excerpt:
...Fifty-three minutes into the process, prisons spokesman Andrea Dean flashed a note to reporters: "We have told the team to take their time. His size is creating a problem."

Gov. Ted Strickland said every precaution was taken to make sure Newton was treated respectfully and was not in pain.

"The procedure worked as it was intended to work," he said. "If someone is against the death penalty then I can understand why they would want me to have a moratorium on the death penalty, but I think what happened today is not any supporting justification for that." ...

News Journal excerpt:
...At 11:37 Newton was still laughing as three drugs were administered intaveneously — one to induce a deep sleep, a second to stop his respiratory system and a third to halt heart activity, Caudill said.

Two minutes later, Newton’s neck twitched and at 11:44 a.m. he uttered inaudible sounds but didn’t open his eyes. Seven minutes later he was declared dead. ...

Register excerpt:
...The deadly combination of drugs: sodium pentothal (puts an individual into a deep sleep), pancuronium (stops the respiratory system) and potassium chloride (stops heart activity) were finally administered at 11:34 a.m.

Shortly thereafter, Newton gasped for air, his throat palpitating several times. His hands and forehead turned blue. ...