Tag: executions
Supreme Court Sends Missouri Execution Case Back To Appeals Court

Supreme Court Sends Missouri Execution Case Back To Appeals Court

Molly Hennessy-Fiske and Seth Klamann, Los Angeles Times

BONNE TERRE, MO — The U.S. Supreme Court stayed a condemned Missouri inmate’s execution Wednesday evening, sending the case back to the 8th U.S. Circuit Court of Appeals, and Missouri officials told those who had planned to witness it to go home.

The high court granted the stay for Russell Bucklew “pending the disposition of petitioner’s appeal. We leave for further consideration in the lower courts whether an evidentiary hearing is necessary.”

Bucklew’s death warrant was to expire at midnight in Missouri, but state officials called off the execution after the Supreme Court issued its order about 6 p.m. Witnesses were not told how soon to return, just that it would not be soon, a state witness told the Los Angeles Times.

A spokesman for the Missouri attorney general’s office said no further litigation was expected Wednesday.

Bucklew’s attorneys had argued that state officials failed to demonstrate they could humanely execute the inmate, who suffers from a chronic, lifelong illness, cavernous hemangioma, which causes tumors in his head, neck and throat that can easily rupture and bleed.

His attorneys also questioned why Missouri officials refused to disclose information about lethal-injection procedures.

Missouri is among several states that changed lethal-injection drugs and suppliers as manufacturers pulled back in the face of international protests. Now they and some other states rely on a single drug, the barbiturate pentobarbital, made by compounding pharmacies not subject to Food and Drug Administration oversight.

One of Bucklew’s attorneys, Cheryl Pilate, told the Times that they were “extremely pleased and relieved” by the court’s decision.

“What this means is that the appeals court will hear Mr. Bucklew’s claims under the Eighth Amendment that he faced a great likelihood of a prolonged and tortuous execution because of the unique and severe medical condition,” Pilate said in a statement.

Bucklew, 45, was convicted of a rampage in Cape Girardeau County in 1996 that included fatally shooting Michael Sanders, his ex-girlfriend’s new boyfriend, in front of Sanders’ 6-year-old son, then kidnapping his ex-girlfriend and raping her before he was captured. A trooper was wounded during the chase.

He would have been the first inmate put to death since Oklahoma botched the execution of Clayton Lockett, 38, last month, provoking outrage and leading that state’s governor to stay the next scheduled execution as well as order a review of Oklahoma’s lethal-injection procedure.

The Missouri attorney general and governor had defended their state’s method of lethal injection.

On Tuesday, Bucklew’s execution had been on again, off again. A three-judge panel of the 8th Circuit imposed a stay. Then the full 8th Circuit lifted the stay. Missouri Gov. Jay Nixon denied Bucklew’s request for clemency. Then U.S. Supreme Court Justice Samuel A. Alito Jr. imposed another stay.

Bucklew, who came within less than two hours of execution, was held within 50 feet of the death chamber.

A prison spokesman said Bucklew would remain at the prison Wednesday night. He refused to say for security reasons when Bucklew would be returned to the prison in Petosi, where he has been confined.

Among the witnesses sent home Wednesday night were the victim’s two sons, his sister, her husband, an uncle and a cousin, Bucklew’s two brothers, a doctor, a nurse, one of his attorneys, investigators who handled the case and Republican state Rep. Paul Fitzwater.

Fitzwater told the Times that he had awaited the execution in a small room with other state witnesses, apart from Sanders’ and Bucklew’s witnesses. When officials notified them that the execution had been stayed, he said, some witnesses were disappointed. “We waited all day long for this to happen.”

Corrections officials did not tell witnesses how soon they might be brought back, he said.

“It could be 30 days or six months,” Fitzwater said, noting the appeals court has to reconsider the case and the state attorney general has to set a new execution date.

Fitzwater, who leads a legislative committee on corrections, said it would have been the first execution he witnessed. He said he had asked to “see for myself” after receiving numerous phone calls from constituents inquiring about the state’s lethal-injection procedure.

Earlier this year, Fitzwater — a staunch supporter of capital punishment — proposed switching to firing squads. The proposal drew widespread ridicule and did not pass. In hindsight, he said he would not propose it again.

He left the prison Wednesday concerned about what the U.S. Supreme Court’s decision meant for death penalty advocates nationwide.

“This is a setback here in the state of Missouri and across the country. I know people here want to keep the death penalty. They got the wind knocked out of their sails here today.”

AFP Photo/Chip Somodevilla

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Texas Judge Blocks 2 Executions In Drug-Source Fight

Texas Judge Blocks 2 Executions In Drug-Source Fight

By Chuck Lindell, Austin American-Statesman

AUSTIN, Texas — A federal judge in Houston blocked Texas from performing two pending executions, ruling Wednesday that defense lawyers cannot properly challenge the planned use of a new batch of pentobarbital without knowing the source of the lethal drug.

Texas Attorney General Greg Abbott quickly appealed the ruling to the 5th U.S. Circuit Court of Appeals.

State prison officials are trying to keep the name of the drug supplier a secret, saying similar disclosures have led to threats of violence against pharmacies that sell drugs for use in executions.

Lawyers for the death row inmates — Tommy Sells, scheduled to be executed Thursday, and Ramiro Hernandez-Llanas, set for an April 9 execution — argued that they cannot verify whether the lethal drug is “tainted, counterfeited, expired or compromised” without knowing the source of the pentobarbital and what tests have been performed to assess its efficacy.

U.S. District Judge Vanessa Gilmore agreed with the defense lawyers, granting a preliminary injunction to block the executions.

“Texas law does not specify what substance will be used in carrying out lethal injections, but federal law requires that any protocol or method used cannot violate the constitutional prohibition on cruel and unusual punishment,” Gilmore wrote in a five-page order.

“Until plaintiffs have full disclosure of the product with which Texas will cause their death, they cannot fully develop a challenge to its process,” she wrote.

Gilmore chided Texas lawyers for providing her with the “last-minute disclosure” of a redacted lab report said to verify the potency of the pentobarbital. The redactions, however, excluded important information, Gilmore wrote, including the source of the drug, what tests were performed, who did the testing and “numerous other details essential to assessing the quality and efficacy of the drug.”

Gilmore also ordered state officials to disclose — under seal, and therefore not available for public inspection — information about the pentobarbital, including its supplier, and an un-redacted report of the lab tests on the drug.

AFP Photo/Caroline Groussain

Oklahoma Court Delays Executions Over Plan To Change Lethal Drugs

Oklahoma Court Delays Executions Over Plan To Change Lethal Drugs

By Molly Hennessy-Fiske, Los Angeles Times

HOUSTON — An Oklahoma appeals court on Tuesday postponed two executions after state officials revealed they were planning to change lethal injection drugs due to a shortage.

Oklahoma is one of several death penalty states grappling with the legal ramifications of adjusting lethal injection drugs after major drug makers — many based in Europe with longtime opposition to the death penalty — stopped selling to them.

The issue sparked national controversy in January when relatives of an Ohio inmate who witnessed his execution complained that it took more than 15 minutes for him to die, and he appeared to gasp and snort. They have since sued the state and drug makers.

Previously, inmates received a sedative while paralytic drugs killed them. As supplies dried up, some states dropped the requirement for the sedative and stopped disclosing information about the drugs.

In Oklahoma, the issue delayed the execution of convicted murderers Clayton Lockett and Charles Warner for a month. Lockett had been slated to die Thursday, Warner on March 27.

Oklahoma Attorney General Scott Pruitt said the ones hurt by this ruling are the victims’ families.

“I am upset that justice is once again delayed for Stephanie Neiman, young Adrianna Waller and their families,” he said in a statement. “This delay is not about the facts of the case, nor does it seek to overturn the convictions of these two murderers. Instead, it’s about outside forces employing threats, intimidation and coercion to keep the state of Oklahoma from imposing the punishment handed down for these heinous crimes.

“But rest assured, accountability for these murders will occur,” Pruitt said. “It’s not a matter of if these punishments will be carried out, but it is only a matter of when. We owe it to the victims, to their families, and to the juries who imposed these sentences for our criminal justice system to work efficiently, truthfully and without delay.”

The delay came after the Oklahoma inmates filed a lawsuit last month demanding state officials disclose who has been providing their supply of lethal injection drugs.

The inmates’ attorneys accused the state of secretly turning to a Tulsa compounding pharmacy that has also supplied Missouri with the drugs. Because compounding pharmacies are not regulated by the U.S. Food and Drug Administration, they argue there is a risk that inmates could suffer as they die. They believe Oklahoma used compounded pentobarbital in a January execution during which the inmate complained, “I feel my whole body burning.”

Corrections officials initially balked at identifying lethal injection drug suppliers, saying they wanted to protect their anonymity.

But in a legal filing Monday, state officials said they “remained without the drugs (pentobarbital, vecuronium bromide, potassium chloride) needed to carry out the lawful sentence of death.”

AFP Photo/Caroline Groussain