Ohio Death Penalty Information

Ohio ACLU request for Newton execution records raises issue of identification of executioners:  Julie Carr Smyth has this widely-distributed AP article, entitled "PERSPECTIVE: ACLU pulls Ohio into debate over executioners' ID."

Excerpt:
Ohio has found itself in the crosshairs of the latest national debate over the death penalty: Should executioners' identities be protected?

The American Civil Liberties Union of Ohio begged the question with a wide-ranging request for state records seeking information on the May 24 execution of an inmate whose veins took 90 minutes to find and whose death came a record-setting 16 minutes after the toxic drugs began to flow.

Among other things, the ACLU asked for the names of Christopher Newton's execution team - a group of volunteer medics and guards whose identities are routinely shielded by the state.

Though the hooded executioner is so common as to be iconic, the ACLU and other death penalty opponents say they have new cause for seeking complete information on the people carrying out state-sanctioned deaths by injection.

They point to the case of Dr. Alan Doerhoff, a participant in Missouri's execution process who was revealed in press reports to have been sued for malpractice more than 20 times.

They also point to the December execution of Angel Diaz in Florida. An autopsy found the needles were pushed through Diaz's veins into the flesh of his arms, possibly limiting the effectiveness of the drugs. A commission created afterward to study the incident called for more training and better protocols for executioners.

Richard Dieter, executive director of the Washington, D.C.-based Death Penalty Information Center, which opposes the death penalty, said the public can't properly scrutinize the effectiveness of capital punishment without adequate information on those carrying it out. ...

Ohio ACLU seeks Christopher Newton execution records:  Alan Johnson has this article in the Columbus Dispatch, entitled "ACLU seeks execution records; inmate suffocated, doctor says."  AP has this additional coverage.

Dispatch excerpt:
Convicted killer Christopher J. Newton might have been "suffocated alive" during his drawn-out execution last week, a death-penalty critic said yesterday.

"The drugs were clearly not working.… It would be like putting a plastic bag over someone's head," Dr. Jonathan Groner said in supporting the American Civil Liberties Union's demand for records pertaining to Newton's May 24 execution.

The ACLU asked Terry Collins, director of the Ohio Department of Rehabilitation and Correction, to turn over the Death House log from Newton's execution, a list of personnel who witnessed and participated, training records for the execution team, and all "procedures and protocols" for lethal injection.

Jeffrey M. Gamso, legal director for the ACLU of Ohio, said with two "botched executions" in the past year, the lethal-injection process is not working.

"Ohio doesn't have a clue," Gamso said at a news conference at the Hyatt on Capitol Square. "We clearly don't know what we're doing."

Newton, 37, was executed for the beating death of Jason Brewer, his former cellmate.

Newton's execution took one hour and 53 minutes. According to the prison log obtained by The Dispatch, 73 minutes were consumed by paramedics searching for veins to attach IV lines for the three-drug cocktail.

The log also shows that once the IVs were connected, the drug infusion took 14 minutes, from 11:37 to 11:51 a.m. During that time, media witnesses observed Newton's chest heaving and his hands and forehead turning blue, likely from lack of oxygen.

Groner, trauma medical director at Children's Hospital and associate professor of surgery at Ohio State University Medical Center, said that indicates Newton's body was deprived of oxygen before his heart stopped beating.

"He basically suffocated alive," Groner said.

Mike Randle, assistant prisons director, said the records request is under review by state lawyers.

He strenuously disagreed with the ACLU's description of Newton's execution as botched.

"The execution did follow protocol," Randle said. "It went along in accordance with our process to ensure it was done in a humane manner."

Randle said problems with Joseph Clark's execution in May 2006, when a vein collapsed during the lethal-injection process and paramedics struggled for an hour to re-establish the IV lines, prompted "refinements" used in Newton's case.

Chief among the changes: removing time constraints so the execution team could take as long as necessary to do its job, Randle explained.

"It worked the way we hoped it would in this particular case."

Sister Alice Gerdeman, head of Ohioans to Stop Executions, said it remains a "completely broken system."

"Ohio is, unfortunately, turning a blind eye to … these real problems with the way it carries out these executions."

Peggy Concilla letter to the editor on Christopher Newton execution:  Upper Arlington resident Peggy Concilla has this letter to the editor in the Columbus Dispatch, entitled "Slaying of cellmate wasn't premeditated."

Dayton Daily News editorial on botched Ohio executions: The Dayton Daily News has this editorial, entitled  "Our view: Don't turn blind eye to botched executions."

Excerpt:
...execution staffs now are instructed to take their time, to remove the "artificial self-imposed time barrier resulting in enormous pressure on the execution team members," to complete "the process in a professional and dignified manner for all parties."

State officials, thus, have substituted self-imposed coolness for self-imposed expediency. And, in the process, they have drawn another curtain to mask a still deeply flawed execution process.

The main objection to lethal injections is not just that things can and do go wrong. Rather, the problem is that the protocol used in Ohio and across the nation appears to be a medical farce: A growing body of evidence reveals that the three-step chemical regimen was adopted without basic research. There is no professional, clinical or ethical oversight of the execution process. As a result, according to a just released study from the University of Miami's medical school, no one can say with certainty whether sedated prisoners are put to death humanely, or whether they are paralyzed but aware as they are chemically asphyxiated.

Some may believe condemned prisoners who committed horrifying crimes deserve no better. But Ohio deserves better — and so do the prison system employees asked to do the state's dirty work.

And Gov. Strickland should not pretend the system is working as it is supposed to.

Gabe Pressman commentary on Christopher Newton execution:  WNBC-TV commentator Gabe Pressman has this opinion piece on the WNBC website, entitled "Time To Kill Death Penalty," recognizing last week's bizarre execution of Christopher Newton as one more reason to end the death penalty in Ohio and elsewhere.

Excerpts:
Two botched executions in Ohio make it clear: it's time to end the death penalty. A civilized nation can do no less.

In Ohio last week, Christopher Newton, an overweight inmate, was executed by lethal injection at the state prison in Lucasville. The execution was delayed 90 minutes while prison medical workers tried desperately to find suitable veins in his arms.

Last year, another prisoner, Joseph Clark, died 90 minutes after his scheduled execution in Ohio because the prisoner workers had difficulty finding a vein in his arm.

Botched executions are hardly the exception in the history of this barbaric practice that seems so much a part of American culture. Over the decades there have been failed executions involving electrocutions, lethal injections [the preferred method these days] and hangings. Capital punishment is a horror and, although many Americans, according to polls, still favor using it, this may be a case where a decent respect for humanity should make us ignore public opinion polls.

...In Ohio, at the prison where Christopher Newton was executed, an official told witnesses as the process dragged on: ‘‘we have told the team to take their time. His size is creating a problem.'' Newton was 6 feet tall and weighed 265 pounds.

What a grotesque scene and an embarrassing moment for our society. ...

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.

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. ...

More details on Newton execution:  Julie Carr Smyth has this updated AP report.  Jim LeKrone has this first international coverage for Reuters.  The Sandusky Register has this local report.

AP excerpt:
...State prisons director Terry Collins defended the delay as a result of new, more forgiving timetables he allowed his execution team after last year's problems with the execution of Joseph Clark. Clark died 90 minutes after his scheduled execution time because prison staff had trouble finding a view in the longtime-intravenous drug user's arm. Executions typically take about 20 minutes.

"We told them to take your time, be comfortable, and do your job," Collins said. ...