Ohio Death Penalty Information

James Filiaggi seeking inclusion in Ohio lethal-injection challenge case

An attorney for James Filiaggi is filing a motion in US District Court today seeking inclusion of James Filiaggi in the Cooey v. Taft case challenging Ohio's lethal injection protocol.  An accompanying motion seeking a stay of execution is also to be filed.  These motions are not being filed against Filiaggi's wishes.

• Also, contrary to earlier statements from Governor Strickland's office that no clemency statement would be made regarding Filiaggi (since he had not requested clemency), Strickland late yesterday formally denied clemency.  (Strickland statement is here.)

Matt Suman has this article in the Lorain Morning Journal regarding the Filiaggi denial of clemency.  Brad Dicken has this in the Elyria Chronicle-Telegram.  AP has this.

Lorain Morning Journal excerpt:

...Strickland and his staff reviewed trial records, a forensic psychiatrists' report, Filiaggi's mental health records and information from the state parole board. The state parole board on Feb. 1 unanimously recommended against clemency for Filiaggi.

''Based on this review, I concur with the Parole Board recommendation on this matter,'' Strickland said in a statement.

...The governor's office has received more than 740 letters, e-mails and faxes from people opposed to the death penalty, said Keith Dailey, governor's spokesman. ...

AP excerpt:
Gov. Ted Strickland will not issue clemency decisions in cases in which condemned inmates don't request that their lives be spared, his spokesman says.

But on Thursday, Strickland acted in contradiction to that statement.

The governor denied clemency to a "volunteer" death row inmate, clearing the way for his execution on Tuesday, which would make him the first inmate to be put to death since Strickland took office in January. ...

More information on the Filiaggi situation will be posted as it becomes available.

Ohio University classmates to attend Filiaggi execution:  Nick Claussen has this article in the Athens News, entitled "OU grads to meet again Tuesday at one of their executions."

Excerpt:
Ohio University graduate Zoltan Krompecher is traveling back to Athens this weekend to meet up with friends and talk about old times.

And then on Tuesday, Krompecher will watch one of his friends die.

...Krompecher and other friends from OU and Athens plan on visiting Filliagi one last time this weekend, and then Krompecher and one other friend will be in the room when Filliagi is put to death on Tuesday, provided he doesn't get a last-minute reprieve. ...

Strickland to "remain silent" on Filiaggi execution

Alan Johnson has this article in the Columbus Dispatch, entitled "Strickland silent on execution of new 'volunteer.'"

Excerpts:

Convicted Lorain County killer James J. Filiaggi has not asked for mercy, and Gov. Ted Strickland will oblige him -- by doing nothing.

Filiaggi, 41, is scheduled to be executed at 10 a.m. Tuesday at the Southern Ohio Correctional Facility near Lucasville.

...Even though his predecessor, Gov. Bob Taft, issued a clemency decision in each death-penalty case, including for so-called "volunteers" such as Filiaggi, Strickland does not plan to do so.

Strickland spokesman Keith Dailey said his boss thinks he does not need to act, one way or the other, on a recommendation against clemency from the Ohio Parole Board because Filiaggi has not asked to be spared.

It would be the first time since the state resumed use of the death penalty in 1999 that Ohio's governor has not taken a stand on a scheduled execution.

...Taft issued clemency decisions for three "volunteers," Herman Dale Ashworth in 2005, and Scott Mink and Stephen Vrabel in 2004.

Jeff Gamso, legal director of the ACLU of Ohio, is Filiaggi's attorney.

"At this moment, there are no appeals pending anywhere and no expectation that anything will be filed," Gamso said. ...

(Shameless suggestion to opponents of this execution:  Do not remain silent)

Some Filiaggi/Strickland information:  Absent a sudden and unexpected change of mind about pursuing the federal appeals still available to him, James Filiaggi will be executed on Tuesday.  Lest any one be still wondering about possible intervention by Governor Strickland, it is exceedingly unlikely.  By all accounts ("all" meaning three people who have spoken with him on the issue, who should be reliable sources), and contrary to the image presented in the media of great concern, Strickland is quite looking forward to getting the first execution of his administration carried out so that questions lingering about his intent will be put to rest, and some of the pressure he is feeling on the issue will diminish.  Unlike what may be the case for Attorney General Marc Dann, for Governor Strickland participation in Ohio's practice of capital punishment is not just a matter of "doing his job," or carrying out his oath of office: He wants executions to take place in Ohio.  He has little or no concern about the lethal-injection protocol currently in use, and sees no need for any kind of careful examination of the procedure (as is still being sought in the Cooey lawsuit, subject to an appeal presently before the full US 6th Circuit Ct. of Appeals).  In that and other matters having to do with procedures being used to carry out executions, he is content to follow the lead of the Ohio Dept. of Rehabilitation and Corrections.  As far as what many see as the serious problems in geographical, racial, and financial disproportionalities of Ohio's system of capital punishment, and serious questions about actual innocence in several cases, these are not overarching issues for him.  He considers any such questions or issues to be subject to examination in individual cases (and - apparently - to be matters that he and his staff are qualified to evaluate themselves).  None of these issues, alone or together, raises any fundamental question for him of the appropriateness of the punishment itself.  Generally speaking, he's considered just pretty oblivious to the many concerns and issues related to the death penalty in Ohio - and not personally concerned enough to get up to speed.

All this said, there are other rumors going around about what may transpire in the governor's office over the next few days.  Those so inclined might want to consider that continuing to make phone calls, send faxes, emails, etc., to influence Governor Strickland certainly won't be meaningless regardless of the outcome, although such efforts are much less likely to be ignored over at the First Lady's office.

Ted Strickland is a political animal (your choice) - more so than his predecessor.  No one should be fooled by the nice-guy image.

James Filiaggi execution imminent:  Matt Suman has this article in the Lorain Morning Journal, entitled "Filiaggi's execution nears."

Excerpt:
...It's unlikely that Gov. Ted Strickland would grant another reprieve to further delay Filiaggi's execution, spokesman Keith Dailey said yesterday. Strickland had granted Filiaggi an earlier reprieve moving his date with death from Feb. 13. to April 24, so he could further review the case.

The governor's legal counsel are doing a thoroughly review of the Ohio Parole Board report that recommended he deny clemency for Filiaggi, Dailey said. Filiaggi could make a request for clemency up until the last minute, Dailey said, but has not asked for clemency.

More information on James Filiaggi, whose execution is scheduled for April 24, is here.

James Filiaggi Urgent Action Appeal:  The Amnesty Int'l urgent action appeal for James Filiaggi - who is scheduled to be executed by the State of Ohio on April 24 - is here (2-page pdf).

A day with Uncle Ted "Killer" Strickland:  Beth Jokinen has this story in the Lima News, entitled "Kalida student job shadows governor," on Kalida HIgh School student Trent Smith's day spent with Ohio Governor Ted Strickland last week.

Excerpt:
...It was a typical meal for a 17-year-old: cheeseburger, fries and a Pepsi. Yet, this particular lunch last week was far from typical.

The location: The governor’s office in Columbus.

The participants: Just Trent Smith, of Kalida, and Gov. Ted Strickland. The governor’s personal assistant, Chris Cupples, was also there.

The lunch was one of the highlights of a day a week ago that Trent spent shadowing the governor. ...

How about another even more meaningful day with the boy, Governor?  Perhaps you could invite him back next Tuesday, and the two of you can go down to Lucasville Prison and view the "volunteer" execution of James Filiaggi "up close and personal."  Afterwards, maybe the two of you can get together with Filiaggi's mother and take her out to lunch.

More information on James Filiaggi, scheduled for execution next Tuesday, April 24 - absent intervention by Governor Strickland - is here.

NCADP execution alert for James Filiaggi:  The NCADP execution alert for James Filiaggi is here.

More information on James Filiaggi - who has a serious execution date of April 24 - is here.

Ohio Parole Board recommends against clemency for James Filiaggi:  The Ohio Parole Board yesterday unanimously recommended that Governor Strickland deny clemency to James Filiaggi.    AP has this coverage.  The Elyria Chronicle-Telegram has this.  Lorain Morning Journal here.  Parole Bd report is here.

Filiaggi's execution date was delayed by Strickland from Feb. 13 to April 24.  Earlier coverage of Filiaggi case is here.

James Filiaggi interviewed / OPB hearing:  Cleveland Plain Dealer reporters Reginald Fields and Mark Puente interviewed Ohio death row inmate James Filiaggi yesterday, and have this article, entitled "Killer says he's ready for execution."  Adam Wright has this article in the Elyria Chronicle-Telegram, entitled "Filiaggi's daughter 'OK' with execution: 'He shot my mom, so he should be shot.'"