Will Kansas be the Next State to Kill the Death Penalty?

Before he was governor of the Great State of Kansas, Mark Parkinson worked in the state senate as a legislator, helping to draft the current law approving of capital punishment in that state.  Kansas' death penalty statute was passed into law back in 1994.

However, it's a new day and last Friday, another piece of legislation started making its way through the Kansas legislature -- a law that would repeal the death penalty, and replace it with a crime of capital murder with aggravation, punishable by life without parole. 

Right now, this fledging has jumped its first hurdle.  The Kansas Senate's Judiciary Committee endorsed the bill, and now it faces a vote by the entirety of the Kansas Senate.  Once that is achieved, it goes before the Kansas House -- and assuming that it meets approval there, too, it goes over to the Governor's desk.

That's right:  Mark Parkinson, who helped write the death penalty law that is currently in effect, will have the final say on this recall of capital punishment. 

What are its chances?  Well, there's some chatter that this proposal won't make it through the House this year, because the Kansas House is dealing with a budget crisis where they're short $400 million - and their new fiscal year starts July 1st.

Here's a question for Kansas:  if you're interested in budgeting, then why aren't you connecting the COSTS of the death penalty with your budgetary crisis? 

According to the Death Penalty Information Center, a study was done in the early 2000s regarding the cost of the death penalty in Kansas.  While it might need to be updated, it's important to note that it's a definite budget issue here -- and since Kansas has not executed anyone since the 1994 re-enactment of its death penalty law, all those appellate costs are ongoing.  (Ten men currently sit on Kansas' Death Row.)  

According to the DPIC, summarizing the Kansas budgetary report:

... the State of Kansas concluded that capital cases are 70% more expensive than comparable non-death penalty cases. The study counted death penalty case costs through to execution and found that the median death penalty case costs $1.26 million. Non-death penalty cases were counted through to the end of incarceration and were found to have a median cost of $740,000. For death penalty cases, the pre-trial and trial level expenses were the most expensive part, 49% of the total cost. The costs of appeals were 29% of the total expense, and the incarceration and execution costs accounted for the remaining 22%. In comparison to non-death penalty cases. 

 In fact, costs is one of the main concerns of the state senator that drafted this bill and introduced it to the Kansas Judiciary Committee.  State Senator Carolyn McGinn used dollars and cents as one of her major arguments in repeal of the Kansas Death Penalty.

Let's hope the Kansas House isn't too busy panicing over a $400 million budget crisis that they don't stop to consider Senator McGinn's wisdom -- and let's hope that the Governor isn't too set in his ways. 

US Death Penalty Execution Schedule February - June 2010

Capital Punishment in 2009: the Death Penalty Across this Country Today

Once again, using the information collected by the Death Penalty Information Center (what a great organization) and our own work here on this blog since March 2009, we know the following:

1.  The following states still allow the penalty of death for certain crimes, although New Mexico removed itself from this list in 2009, as it became the 15th state to abolish the death penalty:

Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Idaho, Illinois, Indiana, Georgia, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington and Wyoming.

2.  During 2009, some significant steps were taken in ten  (10) of the above listed states to end capital punishment: notably, in Connecticut, the state legislature actually passed a law that would have ended the death penalty but the state governor vetoed the bill. 

3.  Both the federal government and the United States Military still allow the penalty of death for certain crimes. 

4.  Executions are on hold in California, Maryland, Kentucky, and in the federal justice system because of pending judicial review related to the lethal injection method of executing a human being.

5.  This year, nine innocent men were freed after serving years on Death Row

  1. Yancy Douglas (OK) (conviction overturned and charges dismissed without re-trial)
  2. Nathson Fields (IL)(conviction overturned and acquitted after re-trial)
  3. Paul House (TN) (conviction overturned and charges dismissed without re-trial)
  4. Herman Lindsey (FL) (conviction overturned and acquitted after re-trial)
  5. Ronald Kitchen (IL) (conviction overturned and charges dismissed without re-trial)
  6. Daniel Moore (AL) (conviction overturned and acquitted after re-trial)
  7. Peris Powell (OK) (conviction overturned and charges dismissed without re-trial)
  8. Robert Springsteen (TX) (conviction overturned and charges dismissed without re-trial)
  9. Michael Toney (TX) (conviction overturned and charges dismissed without re-trial).

Over 3300 men and women set on Death Row today, awaiting execution.  Among them sits Troy Davis, whom many, many, many people believe to be innocent.  (We've discussed Mr. Davis' case earlier this year, and we're monitoring his case.)  The number of executions annually continues to decline.  Media outcry surrounding the executed of an innocent man in 2004 (Cameron Todd Willingham) and the fiscal realities of the expense of  pursuing the death penalty in these recessionary times seem to be the two biggest weapons in abolishing the death penalty that we've seen this year.

Progress is being made, thank God.  May He have mercy on us all.

As We Enter Into Christmas 2009, Let Us Pause to Consider Those Killed by the State in 2009

With thanks to the Death Penalty Information Center's excellent recordkeeping, here is a list of those who were executed so far this year, in alphabetical order by state.   While it is a blessing that capital punishment appears to be on the decline in this country, it will be truly a joyous occasion when this list for a future year will be blank. 

Of note: all these executions were by the standard multi-drug lethal injection except for Ohio's Ken Biros, which involved a single drug lethal injection and Virginia's Larry Bill Elliot, who was executed by electrocution (electric chair).  The oldest executed was Georgia's 65 year old Robert Newland, and the youngest was Texas' Derrick Johnson, who died at age 28.

:

ALABAMA
Danny Joe Bradley, 49 , by Lethal Injection
James Callahan, 62, by Lethal Injection
Jimmy Lee Dill, 49, by Lethal Injection
Willie McNair, 44, by Lethal Injection
Max Payne, 38, by Lethal Injection
Jack Trawick, 62, by Lethal Injection

FLORIDA
John Richard Marek, 45, by Lethal Injection
Wayne Tompkins, 51, by Lethal Injection

GEORGIA
Mark McClain, 42, by Lethal Injection
William Mark Mize, 52, by Lethal Injection
Robert Newland, 65, by Lethal Injection

INDIANA
Matthew Eric Wrinkles, 49, by Lethal Injection

MISSOURI
Dennis Skillicorn, 49, by Lethal Injection

OHIO
Kenneth Biros, 51, by Lethal Injection - SINGLE DRUG
John Fautenberry, 46, by Lethal Injection
Jason Getsy, 33, by Lethal Injection
Marvallous Keene, 36, by Lethal Injection
Daniel Wilson, 39, by Lethal Injection

OKLAHOMA
Darwin Brown, 32, by Lethal Injection
Michael DeLozier, 32, by Lethal Injection
Donald Gilson, 48, by Lethal Injection

SOUTH CAROLINA
Thomas Ivey, 34, by Lethal Injection
Luke Williams, 56 , by Lethal Injection

TENNESSEE
Steve Henley, 55, by Lethal Injection
Cecil Johnson, Jr., 53, by Lethal Injection

TEXAS
Reginald Blanton, 28, by Lethal Injection
Christopher Coleman, 37, by Lethal Injection
Terry Hankins, 34, by Lethal Injection
Derrick Johnson, 28, by Lethal Injection
Johnny Johnson, 51, by Lethal Injection
David Martinez, 36, by Lethal Injection
James Edward Martinez, 34, by Lethal Injection
Virgil Martinez, 41, by Lethal Injection
Stephen Moody, 52, by Lethal Injection
Curtis Moore, 40, byLethal Injection
Frank Moore, 49, by Lethal Injection
Kenneth Morris, 38, by Lethal Injection
Khristian Oliver, 32, by Lethal Injection
Ricardo Ortiz, 46, by Lethal Injection
Reginald Perkins, 53, by Lethal Injection
Willie Pondexter, 34, by Lethal Injection
Michael Lynn Riley, 51, by Lethal Injection
Michael Rosales, 35, by Lethal Injection
Luis Salazar, 38, by Lethal Injection
Dale Scheanette, 35, by Lethal Injection
Danielle Simpson, 30, by Lethal Injection

Robert Thompson, 34, by Lethal Injection
Yosvanis Valle , 34, by Lethal Injection
Bobby Wayne Woods, 44, by Lethal Injection

VIRGINIA
Edward Bell, 44, by Lethal Injection
Larry Bill Elliot, 60, by Electric Chair
John Allen Muhammad, 48, by Lethal Injection

As These Words Are Being Typed, Ohio Is Killing Ken Biros in an Unvetted Execution Method, Unless You Count Euthanasia of Dogs as Vetting

All this morning, there have been almost minute by minute updates on the web regarding whether or not the appellate attorneys feverishly fighting to stop this morning's execution of Kenneth Biros by the State of Ohio will be successful. 

Biros' attorneys are literally banging on the doors of the United States Supreme Court, asking that the highest court in the land act immediately to stay the execution of Ken Biros -- who is set to die this morning  (the execution is scheduled for 11 am) unless something BIG happens. 

And this needs to be stopped.  We've already written here about all the reasons why.

The State of Ohio is about to execute a man in the same way that the vet down the street "executes" pets everyday - by a single, massive injection of a drug.  As we've posted about before, no one knows how a human being will react to this procedure.  It hasn't been scrunitized in the standard legal way -- Ohio is allowing Biros to be a guinea pig.  Will this be cruel and unusual?  We don't know.

The New York Times legal blog has periodic updates.  A local TV station in Ohio has a reporter at the prison.  The Tribune Chronicle in Lucasville is posting almost minute by minute events as they transpire.   

At 9:20 am, prison officials announced that the execution might be delayed - Ohio would wait until the United States Supreme Court ruled on the defense attorneys' last minute request. 

At 10:00 am, it was announced that the United States Supreme Court will not stop the killing of Kenneth Biros by an unvetted execution method. 

Ken Biros will die today. 

And the horror exists -- if this single injection method is later shown to be legally unacceptable as a method of executing humans, there will be no way to help Mr. Biros.  

May God have mercy on us all.

Kentucky Just Stopped Executing People Today - But It's Temporary

Today, the Kentucky Supreme Court issued a ruling that no one is going to be executed in the State of Kentucky until things are done by the book regarding the lethal injection killing method.  The high court set no deadline on when capital punishment might resume in Kentucky, either.  Its formal opinion is already published online at the court's official web site.

The story starts with Ralph Baze

Ralph Baze sits on Kentucky's Death Row after being convicted and sentenced to death by lethal injection for the murder of Sheriff Steve Bennett and Deputy Arthur Briscoe of Powell County, Kentucky, back in 1992 while the lawmen were trying to arrest him.  (Baze unsuccessfully urged self-defense.)   After his conviction, Baze joined with fellow Death Row inmate Thomas Clyde Bowling, Jr. in a constitutional fight.

Baze and Bowling both argued by appeal that execution of someone with the three drug "cocktail" established by Kentucky law (and used here in Florida, as described in our earlier series) constitutes cruel and unusual punishment and is therefore unconstitutional under the 8th Amendment. 

Baze v. Rees (Baze's appeal) was heard by the United States Supreme Court, and in April 2008, that court ruled that the three drug cocktail did not violate the constitution.  Ginsburg and Souter dissented.

Baze did not stop there.  He then urged a state appeal (joining with Bowling) challenging state procedure, and the Kentucky Supreme Court has heard him. 

What the Kentucky Supreme Court Ruled Today

In today's opinion, the state high court has found that the legal steps that are taken when Kentucky puts a condemned man (or woman) to death through the use of its three drug cocktail have to be specified -- spelled out -- in a state regulation.  

Writing for the majority, Justice Abramson states, ""[t]his court cannot ignore the publication and public hearing requirements set forth in Kentucky statutes."  The opinion then orders the Kentucky Department of Corrections "...to adopt as an administrative regulation all portions of the protocol implementing the lethal injection statute...." 

This will take time.  An adminstrative regulation doesn't just get voted upon by some group -- due process requires much more than that.  What the Kentucky Supreme Court has done is to require the agency to write a regulation and then formally debut it as proposed law.  Then, the public gets a say in the matter as there is a set amount of time for public contributions on the language of the proposed regulation.  Things are discussed, edits may happen.  And only then is the proposal taken to Kentucky's Administrative Regulation Review Subcommittee, an arm of the state legislature that votes to adopt/reject the proposal.

Ohio First State in the Nation to Change Lethal Injection Execution Method to Single Drug - What Are the Consequences?

Last week, the State of Ohio announced that it was changing its method of execution from a lethal injection involving three drugs (sodium thiopental, pancuronium bromide and potassium chloride) to a single injection of the drug sodium thiopental

Ohio changes to a single-drug form of execution after its failed execution of Romell Broom on September 15, 2009

You'll recall the travesty of Mr. Broom's attempted capital punishment -- as we described here, Romell Broom suffered for two and one-half hours on the gurney that day:

Romell Broom was sentenced to die for the rape and murder of Tryna Middleton by the State of Ohio and last Tuesday, Mr. Broom was strapped to a gurney and his execution by lethal injection began. 

The 2+ Hour Failed Execution

Except they couldn't find a vein in which to insert the needle.  They tried his arms.  They tried his legs.  Broom lay there, tied to the table by long leather straps covering the length of his body.  Imagine this being done to you.

Broom lay there for OVER TWO HOURS while lab techs tried to kill him.  They failed.  Broom went back to his Death Row cell, and his execution was "rescheduled."  The Governor of the State of Ohio was contacted about the problem and he ordered a one week "postponement."


According to the New York Times, Broom "sobbed with pain".  And afterwards, not only did Ohio Governor Strickland order that Romell Broom's execution be stopped, but the Ohio federal court issued a stay of his execution after hearing Broom's attorneys argue that a second try at executing Broom would be unconstitutionally cruel and unusual.  

The Consequences of Ohio's New Single Drug Execution Method

Proponents are arguing that this single, massive dose of sodium thiopental is merciful and that it's going to be the NextBigThing for death penalty proponents, since its success will hamper constitutional arguments against execution by lethal injection under the three-drug approach. 

And those are serious and substantive arguments, as we've outlined here in a three-part series of articles.  No one can truly say that a paralyzed person, laying on that gurney, isn't suffering because they are incapable of communicating what they are experiencing.  The "drug cocktail" is simply horrific.

Ohio is so confident in its new execution method -- the same type of killing method that vets use on dogs and cats -- that it's planning on having the new protocol in place by the end of this month, and there's talk that Ohio will want to try out its new One-Drug Injection procedure on Kenneth Biros, who is scheduled for execution on December 8, 2009, subject to a temporary stay. 

What has yet to be determined, however, is how this massive dose of this single drug will truly work on a human being.  What works on dogs and cats might not be as merciful, fast, and painfree on humans.  We simply don't know, and undoubtedly there will be medical testimony with the appropriate medical experts providing their opinions on this procedure before Ken Bios or anyone else is subject to Ohio's new killing option.  Or there should be.

And, what about if the Ohio one drug option doesn't work as swiftly and cleanly as its proponents suggest it will?  Well, they've got a backup -- two more drugs that would then be injected into the condemned, there on the gurney:  the executor will shoot in massive amounts of  hydromorphone and midalzolam.   

None of This Makes a Bit of Difference in the Broom Situation

With Ohio's big announcement, death penalty proponents are gleefully rubbing their hands together at the thought that the remaining 35 states using lethal injection as their primary execution method can now circumvent all number of death penalty appeals based upon the cruel and inhuman nature of the three-drug cocktail, just by adopting the Ohio One Drug method. 

Well, it's not as simple as that.  First, this method needs to be vetted by medical experts before a condemned person is used as a guinea pig here, nevermind those back-up syringes filled with hydromophone and midazolam. 

Second, has no one stopped to think that the answer is more complex than this?  Romell Broom suffered great agony on September 15th not because of the type of drug used upon him, or the number of drugs selected to be injected into his body, but because they could never find a way to successfully insert the needle.

Two Points to Ponder

So, point one, the Ohio One Drug "innovation" doesn't resolve the Romell Broom travesty and it's fascinating to watch Death Penalty proponents distract themselves from the cruelty of that day in their excitement over this new find. 

Point two:  is anyone out there thinking that executing men and women in the same way that that vets euthanize animals (even if they are beloved pets) is just plain wrong?  When did we forget about human dignity?

Our Prediction that California's Billy Joe Johnson Would Help the Fight Against the Death Penalty Proves True

Right before Halloween, we posted about the new Death Penalty Information Center revelation that focusing solely on a state's budget bottom line, capital punishment should be outlawed because it just costs too much -- and how Billy Joe Johnson's request to be sentenced to death in California only added fuel to that fire.  (Billy Joe wanted death because the digs at California's Death Row are so much better than those for lifers.)

Well, looks like that October prediction was right and Billy Joe Johnson is doing a lot to help the cause of Abolishing the Death Penalty. 

The Wall Street Journal's Law Blog is pointing to Billy Joe Johnson in California, and publishing a quote from Johnson's attorney that originally appeared in the Los Angeles Times -- Billy Jo isn't asking for Death Row because "...' he thinks conditions wiil be better, they are better," explains defense counsel Michael Molfetta. 

The Los Angeles Times has a lengthy feature article that actually goes into the details surrounding Billy Joe Johnson's decision (and yes, his request was granted and he has been sentenced to death by the State of California).   According to the LA Times, on California's Death Row:

1.  inmates get single cells, they don't have to share a two bunk cell

2. their cells are bigger than the standard maximum-security cells for lifers

3. inmates get better telephone access

4. they are allowed "contact visits"  by themselves, although the visit is in a see-through plexiglass booth (lifers have to visit in a communal hall, no one on one contact)

5.  they get breakfast and dinner served to them in their cells

6.  Lunch is served in the exercise yard, so they get to go outside daily

7.  Death Row inmates are allowed to visit with other Death Row inmates during the lunch hour

8.  Death Row inmates get to have TVs, CD Players, and the like in their cells

9. While other inmates are limited to six cubit feet of personal property, this doesn't apply to California Death Row inmates

10.  They get to wear jeans and chambray shirts

This description of life on California's Death Row is getting lots of attention -- all because Billy Joe Johnson's request has taken flight.  The prison authorities have good reasons for each of the list's purported "benefits" -- for example, Death Row inmates get more than 6 cubic feet of personal property space because their cases are so voluminous, they need more square footage than that for all the paperwork that their defense requires.  Similarly, they get more lenient phone rules than the usual inmate because they are literally fighting for their lives and there are times when communication with their counsel by phone is immediately needed and legally vital. 

Still, proponents of the Death Penalty may look upon this list with outrage and think that Billy Joe Johnson is somehow working the system by asking to die.  And, if that enables the Death Penalty Information Center's study on costs to get more footing, great. 

Because the goal is to end the death penalty, and if capital punishment is stopped for no other reason that it costs too much, fine.  The goal is to stop the State form killing people, period.

And Now, All Eyes are On the Governor - Will Virginia's Tim Kaine Stop the Execution of John Muhammad, the DC Sniper?

Virginia executes more people in this country than any other state than Texas, so the statistics seem to sway us toward a prediction that Governor Tim Kaine will allow the upcoming execution of John Muhammad, the DC Sniper. 

And Kaine is the only barrier betweeen John Muhammad and death. 

That's because the United States Supreme Court officially declined to hear Mr. Muhammad's appeal yesterday -- and what is unusual about that is they did so long before anyone expected them to do so.  As Justices John Paul Stevens, Ruth Bader Ginsburg, and Sonia Sotomayor explained in a joint statement authored by Stevens, under standard operating procedure the high court would have taken this matter under consideration during its November 24th Justices' conference. 

By declining to stay the execution in order to maintain that SOP Justice Stevens wrote, "...we have allowed Virginia to truncate our deliberative process on a matter -- involving a death row inmate -- that demands the most careful attention." 

Importantly, the Justices' statement points out a crucial problem in this case, something of which we all need to be aware:  Virginia scheduled John Muhammad's execution before all of his legal avenues had been exhausted. 

That's right -- Virginia scheduled a man for death before the legal processes had been completed, those legal safeguards that are in place to insure that no legal errors had been made.  To quote the Statement, " '[t]his case highlights once again the perversity of executing inmates before their appeals process has been fully concluded."

Perversity indeed. 

We're watching, Governor Kaine.

Ohio Set for Second Execution Attempt of Romell Broom Unless His Lawyers Work Fast

Romell Broom was sentenced to die for the rape and murder of Tryna Middleton by the State of Ohio and last Tuesday, Mr. Broom was strapped to a gurney and his execution by lethal injection began. 

The 2+ Hour Failed Execution

Except they couldn't find a vein in which to insert the needle.  They tried his arms.  They tried his legs.  Broom lay there, tied to the table by long leather straps covering the length of his body.  Imagine this being done to you.

Broom lay there for OVER TWO HOURS while lab techs tried to kill him.  They failed.  Broom went back to his Death Row cell, and his execution was "rescheduled."  The Governor of the State of Ohio was contacted about the problem and he ordered a one week "postponement."

Ohio Has Scheduled a Second Execution

Well, now Broom's execution -- again, by lethal injection -- has been put back on the calendar, and a national outcry is joining with the arguments of his lawyers that this amounts to cruel and unusual punishment.   According to his counsel, this event has traumatized inmate Broom.  That's probably an understatement. 

Legal Arguments Based Upon Cruel and Unusual Punishment are Being Advanced in the Face of Willie Francis Precedent

Broom's attorneys -- as well as organizations like the American Civil Liberties Union -- are advancing the argument that Governor Strickland should grant clemency to Broom and commute his sentence to one of life imprisonment because of this botched execution.  Of course, the U.S. Supreme Court has held that a second execution is not, in and of itself, cruel and unusual.  Those in the know with their legal death penalty history will remember the Louisiana case of 16 year old Willie Francis, where an electric chair execution failed and the issue of whether or not a second try at killing Francis would be cruel and unusual.  In Francis v. Resweber, the High Court held second executions were constitutional.

Florida's Contribution -- the Lesson of Angel Diaz

Here in Florida, we remember the case a couple of years back where the execution of Angel Diaz was excruciating, as the executioners pushed the needs through his veins and into muscle tissue -- which meant Mr. Diaz took over half an hour to die, laying there in front of everyone on that gurney.  After that botched business, the State of Florida stopped lethal injection executions for a period of time.  Florida resumed executing inmates in 2008, under purportedly new and better injection procedures. 

Maybe Ohio needs to look at its own procedures instead of cavalierly putting Broom's name back on its death calendar.  Or maybe they should just stop executing people, period....

Inside the Death Chamber - Tours by Death Row Wardens

North Carolina

The video below is a ten minute documentary by Scott Langley, where a North Carolina Warden gives a detailed tour of Death Row, and tells what happens during an execution -- from last phone calls, to the execution itself and its aftermath.




Texas

The Associated Press has placed an interview online -- they're calling it an "interactive" -- where a Texas Warden who oversaw nine executions by lethal injection gives a tour of the Death House and an explanation, step by step, of his job during an execution. 

http://hosted.ap.org/specials/interactives/_national/texas_execution/index.html?SITE=TXSAE

Due to AP's copyright/fair use protections, the actual video cannot be placed here on the site.  Instead, only the link to their site can be shown.  Please take the time to click on the above link, and watch this short video. It is worth your time. 

Warning:  these tours are chilling, and may leave you in a somber mood for the rest of the day.

Technological Advances and the Death Penalty: Evidence Changes Over Time as Science Exonerates Defendants, but Capital Punishment Can Mean Justice Comes Too Late

Our system of justice is built on the belief that it's better to let a guilty man go free than to imprison - or kill - an innocent man for a crime he did not commit.  That's why there are all those procedural hurdles from the beginning of an investigation all the way through that last minute request for stay of execution.

This dedication to protecting the innocent threads through the controversy surrounding Texas Chief Justice Sharon Keller and her infamous "the clerk's office closes at 5:00" phone call.   It's why the DNA revelations of Israel's Dan Frumkin are reverberating around the world.   It's why the Innocence Project exists.  

It would seem self-evident that the continued revelations from our scientific community, particularly the new DNA warning by Frumkin, would obviously balance against any continued use of capital punishment, given the fragility of reliablity of prosecution evidence over time. 

Wouldn't it?  This seems obvious from the defense counsel's perspective.   This seems to be what our system of justice and the parameters of due process require. 

Maybe it takes something that hits home, touches people's hearts for this truth to become self-evident.  Sometimes there is the one case that really hits home with a lawyer -- and in The Huffington Post today, Cy Vance (a veteran criminal lawyer currently running for District Attorney of Manhattan) gives us an eloquent piece on the case of Cameron Todd Willingham.

Willingham may well have been another innocent man executed by the State, whose innocence was revealed after his death due to scientific advances that gave more details to the evidence found at the scene of the crime.  Willingham's case is particularly poignant because he was convicted and killed for the death by fire of his own children.  Now, arson experts are saying that this was never an arson case, the fire was not intentionally set. 

I highly recommend you take the time to read what Cy Vance has voiced about the Cameron Todd Willingham case, as well as the death penalty overall.  It's worth your time.  And it really demonstrates, concretely, that continued technological advances is one of the biggest argument against the death penalty.

Will a mentally retarded man, Michael Bies, be put to death in Ohio?

This morning, at 11:00 EST, oral arguments will begin before the United States Supreme Court on whether or not a federal appeals court (the 6th Circuit) interfered with a state court death penalty case where the defendant was found to be mentally retarded. And while that sounds very procedural and legalistic, whether or not Michael Bies will be executed by the State of Ohio is the real issue here.

The case, Bobby v. Bies (08-598), has the Solicitor General of Ohio, Benjamin C. Mizer, arguing for the warden. Professor John Blume, of Cornell Law School, is advocating for Michael Bies.

It's Already Been Decided that the Death Penalty Cannot Be Imposed Upon Mentally Retarded Individuals

Back in 2002, the Supreme Court already held that the execution of mentally retarded individuals violates the due process provisions of the Eighth Amendment (Atkins v. Virginia). Today, the High Court is looking at double jeopardy protections. Specifically, in the Bies case, the focus will be whether or not double jeopardy protects a defendant at a state (not federal) post-conviction hearing where mental competency is being assessed pursuant to Atkins, when the issue of the defendant's "borderline mental retardation" had already been recognized earlier, by the state supreme court.

Continue Reading...

Texas Chief Justice Sharon Keller's Lesson to Us All About Due Process

Due process under the law has been constitutionally protected since our nation began, although the phrase gets tossed around quite a bit these days without much concern as to its real importance.

Due process is protected by the 5th (federal) and 14th (state) Amendments to the U.S. Constitution, although it is a principle with origins in the Magna Carta. In that historic document, England's King John promised that "...[n]o free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land."

King John signed the Magna Carta over 790 years ago. You'd think that due process of law would be pretty much settled into a traditional, solid role in our society by now. Particularly so, when it comes to those officials in positions of authority. But if you think that, you'd be wrong.

Due Process of Law is endangered in this country.

Never has our sacred right to due process under the law been more endangered than it is today. And no - I'm not about to delve into the current Florida case concerning a young woman awaiting trial for the murder of her child.

Instead, I'm looking over at our sister state, Texas, and what's been going on over there since the afternoon of September 26, 2007.

Texas Chief Justice Faces Criminal Charges, Civil Trial, and Impeachment Arising From Death Penalty Case

Criminal charges were recently filed against Sharon Keller, the Chief Justice of the Texas Court of Criminal Appeals, by Texans for Public Justice for her actions on the day that Michael Richard was executed by lethal injection. (In Texas, the Court of Criminal Appeals is the highest court for all criminal matters; the state divides its civil and criminal caseloads, and has a separate high court, the Texas Supreme Court, which hears all civil matters as the state court of last resort.)

Continue Reading...

Five Questions to Ask Yourself about the Casey Anthony Case

1. In your jurisdiction, if you are charged with a state crime, will the state's discovery in your case be accessible as a public record, like the "document dumps" made famous in the Casey Anthony case?

2. In your jurisdiction, if you or a family member is charged with a state crime, what are your protections against people going through your trash and demonstrating in front of your home 24/7, as occurred at the Anthony family home after Casey Anthony was arrested on charges of filicide?

3. If you are interviewed by the local authorities, are you being videotaped? Is that videotape available to the media? In the Anthony case, interviews were videotaped and those videotapes have been provided to the media.

Continue Reading...

New Mexico Repeals Death Penalty

Effective July 1, 2009, there will be no death penalty in New Mexico. Capital punishment will still apply to any capital crimes committed between now and midnight on June 30th. - and there has been no change in the punishment of death for the two men currently residing on New Mexico's Death Row.

Albuquerque's Sheriff Darren White Leading an Effort to Put It to a State-Wide Vote

Not everyone in New Mexico is pleased with this development. Sheriff Darren White is reportedly investigating the possibility of putting capital punishment to a full state-wide vote, which would enact an amendment to the New Mexico constitution approving of the death penalty for certain types of crimes.

According to Sheriff White, he's undertaking this action because of the large number of phone calls he's received from the citizenry, who are upset about the change. White says that state polls show a majority of New Mexicans are in favor of capital punishment.

Undoubtedly, Sheriff White will be assisted and supported by prosecutors across the state, as well as the New Mexico Sheriffs' and Police Association, as well as other law enforcement organizations that were against the New Mexico repeal efforts.

What About the Two Men on New Mexico's Death Row?

Since 1933, New Mexico has executed nine (9) individuals - all men - using three different methods : one by gas, one by lethal injection, the rest by electric chair. That's not a high death rate.

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Looking at the Current Fight over the Death Penalty in the State of Maryland

Maryland, like many other states, is reviewing its death penalty laws for purely cost-cutting reasons. However, there's something to be considered in the current media coverage of the Maryland debates - which are going on right now.

Why are the Maryland arguments so interesting to consider?

This is a particularly interesting jurisdiction to ponder since Maryland has the second-highest murder rate in the nation - due in large part to the homicide rates for the metropolitan area making up Baltimore, Maryland.

In other words, the argument can be made that these homicide rates suggest that there would be more opportunities for imposing the death penalty in Maryland than in other locations where violent crime rate are much lower (say, Montana).

What's happening this week?

The Maryland lawmakers are hearing testimony and tinkering with language as they consider enacting new Maryland law on capital punishment.

With this background, consider these high profile arguments being made:

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Forms of Capital Punishment: the Legal Methods of Executing a Death Penalty Sentence in the U.S. Today

Historically, the variety of methods for imposing capital punishment seems almost endless. In the United States, our federal constitution forbids any form of execution that is cruel and unusual punishment, however, and this has led us to careful consideration about the practicalities the state must address when it kills someone in punishment for a crime that has been committed.

Currently, only five methods of execution have passed constitutional muster:

Firing Squad

Today, Utah still gives the prisoner the option of choosing the firing squad over lethal injection - if they made their choice before Utah law abolished the firing squad as an alternative method of execution. Idaho and Oklahoma also approve of the firing squad as a method of execution.

Electrocution

Nine states execute(d) by electrocution (electric chair). These are Alabama, Arkansas, Florida, Illinois, Kentucky, Oklahoma, South Carolina, Tennessee, and Virginia.

Gas Chamber

Five states allow(ed) execution by gas chamber. These are Arizona, California, Maryland, Missouri, and Wyoming.

Hanging

Two states still approve(d) of execution by hanging. These are New Hampshire and Washington.

Lethal Injection

For thirty-five (35) states, plus the U.S. Military and the federal government, lethal injection is the approved method of execution. For those states listed above that approve different methods of execution, they all allow for lethal injection as an alternative.

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Capital punishment is expensive and now, the death penalty becomes a part of state budgetary concerns

Last week, the Associated Press reported that Nevada lawmakers were proposing a moratorium on capital punishment in that state (to last until 2011) so they could have time to figure out how costly it was on the state to kill people for crimes they had done.

In Kansas, state senators are pushing a bill through their state legislature, hoping to abolish the death penalty because they say it's too expensive when the economy is so bad.

In Maryland, where they've got a budget deep in the red, Governor Martin O'Malley is promoting the repeal of the Maryland death penalty statute because of the potential savings to the state coffers.

Florida is in a similar situation - more on that next time.

The Death Penalty is Expensive - and by Expensive, I mean Seven-Figures

You'd think that it would cost more to house someone for life, rather than just execute them and be done with it. But you'd be wrong.

Over at the Death Penalty Information Center (link below), they collect lots of financial data for the various state's capital punishment costs (federal as well).

Money talks: as you peruse these studies, you'll find that each death row inmate will cost a state at least a million dollars ($1,000,000) more than if that same inmate were given a life sentence without parole and imprisoned with other lifers. For some states, it's more like $2 million, or even $3 million.

That's a lot of moola for EACH person setting on death row.

Sources:

Associated Press

http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/03/04/state/n101927S35.DTL&type=politics

Joplin Globe

http://www.joplinglobe.com/statenews/local_story_064225711.html

Baltimore City Paper

http://www.citypaper.com/story.asp?id=17549

Death Penalty Information Center

http://www.deathpenaltyinfo.org/costs-death-penalty