Ohio Death Penalty Information

6th Circuit written per curium opinion on transfer of Biros execution stay request: The US 6th Circuit Court of Appeals has published this written per curium opinion (3-page pdf) on last night's transfer of consideration of the appeal of the Biros stay of execution. (See preceding post.)

Conflicting court rulings in lawsuit challenging Ohio lethal-injection protocol

Plain Dealer reporter Reginald Fields has this article, entitled "Inmates fighting for their lives; lawsuit over injection methods leads to controversy, confusion," providing an accurate overview of the recent confusing court rulings in US District Ct and the US 6th Circuit Ct of Appeals in the lawsuit challenging Ohio's lethal-injection protocol.

Excerpts:
Similar lawsuits are pending in 13 other states, a few of which have been forced by courts to suspend executions until the matter is resolved. But not Ohio, where confusing signals from two different courts haven't stopped the state from carrying out death sentences.

...Boiling to the top of the controversy is the 6th U.S. Circuit Court of Appeals' handling of the last two scheduled executions, which baffled not only state officials who enforce the death penalty, but also inmate attorneys fighting it and judges alike.

"Certainly there is enough evidence to question the lethal-injection protocol," said Greg Meyers of the Ohio public defender's office. "So I don't know why no one would want to stop the machinery of death long enough to make sure that we aren't torturing people to death."

Gov. Bob Taft, who has authority to wave off an execution, is aware of the lawsuit but "the law is the law, and he intends to follow it at this point," said the governor's spokesman, Mark Rickel.

Governor-elect Ted Strickland, who takes office next month, has not yet reviewed the issue, a spokesman said.

Jeffrey Lundgren, the notorious Lake County cult killer, and Jerome Henderson, convicted of raping and murdering a Cincinnati woman, were set to die about six weeks apart. Then, on the eve of their executions, each was allowed to join the lawsuit.

In light of that, a U.S. District judge postponed Lundgren's execution but was overturned with little explanation by the 6th Circuit appeals court in Cincinnati. Lundgren was executed Oct. 24.

Following the lead of the appeals court, the lower-court judge felt obligated to refuse Henderson a stay of his Dec. 5 execution. He had eaten his last meal when the federal appeals court that let Lundgren die again reversed the district judge and allowed Henderson to live.

U.S. District Judge Gregory Frost, upstaged twice by the appeals court, expressed his frustrations with a razor-sharp tongue in a decision denying another inmate, John Spirko, a stay of his April execution date after the inmate joined the lawsuit.

"Such a lack of clarity is most troubling because when our system of law includes unexplained decision making," Frost wrote, "it loses the legitimacy that must guide the state-sanctioned taking of any human life."

The district court's Spirko ruling, meanwhile, has been sent to the 6th Circuit court. Meanwhile, Frost on Thursday granted a stay for Kenneth Biros, who is set to die Jan. 23.

..."I find that confusing -- that some inmates have been allowed a stay and others have not," said Richard Dieter, executive director of the Death Penalty Information Center in Washington. "It just seems like an arbitrary way of doing it."

Heather Gosslin, senior deputy for capital crimes at the Ohio attorney general's office, said: "We are just as puzzled as Judge Frost is."

"It's frustrating for everybody because nobody knows what is going on," said Columbus defense attorney David Stebbins, who represents Spirko. "The law is supposed to give you some guidance. The upper court is supposed to give you guidance. And that is not happening."

...full article

Some related recent posts:

• Spirko attorneys appeal denial of stay of exectuion.
• Kenneth Biros granted stay of execution (and here).
• Where is the Ohio media coverage of heightened lethal-inejection controversy?
• Misleading media reports on oral arguments to be heard in Ohio lethal-injection challenge case.
• Spirko motion for stay of execution denied for 2nd time in US District Ct / Judge Frost admonishes US 6th Circuit over contradictory rulings.
• 6th Circuit upholds stay of execution for Jerome Henderson.
• US 6th Circuit Ct of Appeals has overturned stay of execution for Jeffrey Lundgren.

W. Grant McMurray reflects on Jeffrey Lundgren execution:  W. Grant McMurray has this opinion piece in the Kansas City Start, entitled "AS I SEE IT: Capital Punishment has no place in civilized society," reflecting on his childhood association with Jeffrey Lundgren, and what he sees as the significance of Lundgren's execution.

Holly Zachariah has this article in the Columbus Dispatch, entitled "Where prisoners rest," describing the burial of Jeffrey Lundgren, William Zuern, and some other Ohio inmates who died behind bars, whose bodies were not claimed or whose families could not afford burial.

Maggi Martin has two followup articles to the Jeffrey Lundgren execution in today's Cleveland Plain Dealer:

• This article, entitled "Kirtland cult members' letters talk of renewal, doubt," describes prison correspondence between two participants in the Avery family murders and the Rev. Chuck Patterson.
• This brief article, entitled "Averys searched for more conservative religious group," provides some background on the Avery family's involvement with Lundgren.

Sandra Klepach has this article in the Willoughby News-Herald, providing "A moment-by-moment account of Jeffrey D. Lundgren's last day."

Some coverage of yesterday's execution of Jeffrey Lundgren: Willoughby News-Herald here, here and here; Cleveland Plain Dealer here; AP here (versions ran in several papers); Kansas City Star here; Missourinet.com here; Reuters here; Ohio Public Radio audio report here (2:45).

AP has this report on the execution of Jeffrey Lundgren.

AP has this latest coverage of the impending execution of Jeffrey Lundgren, and the US Supreme Court's refusal to review the case.

The Cleveland Plain Dealer and AP have this coverage of the impending execution of Jeffrey Lundgren, scheduled for 10:00 AM.