Ohio Inmate Traumatized After Failed Execution

[somedeafdudefromPNW]

whoa that's crazy! I wonder who does that!

It's even suggested in the article.

A first attempt to execute Willie Francis in 1946 by electrocution in Louisiana did not work. He was returned to death row for nearly a year while the U.S. Supreme Court considered whether a second electrocution would be unconstitutional.

 

[Reba]

Isn't there a law on the books that states a prisoner that survives an execution attempt shall be set free? I cannot find it on google yet and gotta get back to work. Does it vary by state or what?

Sounds like old common law rather than statute.

 

[Reba]

Wasn't that just for witches in the olden days if they sank, and they managed to pull them up still alive?

"Dunking - The witch would be tied to a contraption known as a dunking stool, which would then be lowered into a fast flowing river, lake or large water container (usually blessed), to see if they would float. If able to float, then the accused was possessed with the 'Spirit of Satan' and ergo, a witch. Questions of whether clothing had filled with air and formed a convenient buoyancy aid were usually dismissed out of hand. If, however, the 'witch' drowned or died of hypothermia, they had obviously not been under Satan's protective watch, and were therefore innocent. Unfortunately for the person concerned, they were also dead, so it all ceased to be of relevance."
BBC - h2g2 - Witches

A no-win situation.

 

[Reba]

It's even suggested in the article.

Was it because of the "cruel and unusual" aspect of repeating an execution?

 

[sallylou]

The article suggests that the defendant may ask for clemency. The governor of the state would have to pardon him, I think. Not a popular idea.

That's so odd about the witches. I've never heard exactly how they did it. It reminds me of the silly scene in The Holy Grail in which the guys were arguing about how to test if a woman is a witch. LOL!

 

[Reba]

The law is that you can't be convicted for the same crime twice. If a jury says "not guilty," you're off. Once you've been convicted, sentenced to death and exhausted all appeals, it takes a pardon to get you off.

Actually, double jeopardy means you can't be tried for the same crime twice. That is, if you are found "not guilty" at the first trial, you can't be prosecuted again. It is prohibited by the fifth amendment of the U.S. Constitution.

A sentence can be commuted (reduced or set aside), and a crime can be pardoned (forgiven).

What Are the President's Clemency Powers?

Michael Waldman, executive director of the Brennan Center for Justice at the NYU School of Law

The president has the power to commute the sentence or pardon the crime. It is not reviewable and the president doesn't have to give a reason.

Christopher Schroeder, Duke University law and public policy professor

Commutations have always been a lesser included authority under president's power to pardon. Section II of Article II of the Constitution says the president has the power to grant reprieves and pardons for offenses against the United States. It does not mention commutations specifically, but they come under the pardon power.

What Is the Difference Between Commutation and a Pardon?

Randy Barnett, Carmack Waterhouse professor of legal theory at Georgetown University Law Center

Pardon is an "executive forgiveness of crime"; commutation is an "executive lowering of the penalty."

Waldman:

A "pardon wipes out the conviction while a commutation leaves the conviction intact but wipes out the punishment."

Commutation? Clemency? Pardon? Sorting Out Legalese in Libby Case - ABC News

 

[sallylou]

That's correct, Reba. Of course you wouldn't need to convict someone twice. Why would the government need to convict someone again when that person has already been convicted? Wrong word choice. I should have typed that the government cannot try a defendant twice.

One thing that many people do not know is that a jury can totally disregard the law and let a defendant off. The judge cannot inform the jury of this. No jury instructions on this issue allowed. You can imagine how much prosecutors hate this. I was surprised when I learned about it.

 

[Reba]

A related curiosity:

Top 10 Amazing Execution Survival Stories - Listverse

 

[Reba]

...One thing that many people do not know is that a jury can totally disregard the law and let a defendant off. The judge cannot inform the jury of this. No jury instructions on this issue allowed. You can imagine how much prosecutors hate this. I was surprised when I learned about it.

Can you please explain this further?

 

[sallylou]

It's called jury nullification. Here's a link:

Jury nullification: when jurors leave the law behind. - Free Online Library

In my jurisdiction, a judge is not allowed to instruct the jury on this issue. Prosecutors are not allowed to tell the jury in closing arguments.

I'm not familiar with the mitigation rules that apply to sentencing (death penalty cases). There are different rules for the sentencing phase. I think that you have to have certain credentials to represent a defendant in a death penalty case. I have a colleague that represented a death row inmate on appeal (pro bono) but that's different. The inmate had already been convicted and sentenced. Can you imagine how much pressure you would be under representing a guy who might be executed. Too much stress for me!

 

[rockin'robin]

Ohio Execution Fails After 18 Attempts to Puncture Inmate's Veins

On Tuesday night, convicted killer Romell Broom ate the strangest meal of his life: veggie nuggets, lima beans, bread and cookies.

It wasn't the menu that was extraordinary, but the fact that he was alive to eat the food.

Broom is the first person ever in U.S. history to be scheduled to die by lethal injection, and then to have his execution postponed because authorities were unable to find a suitable vein in which to inject the three-drug cocktail that was meant to kill him.

Concerned by the failed attempts, Ohio Governor Ted Strickland delayed the execution, and a federal judge has pushed it back until at least September 28, pending appeals.

But Broom's lawyers filed papers in state and federal court today, contending that Ohio shouldn't have a second chance to subject Broom to lethal injection.

Broom was convicted of fatally stabbing Tryna Middleton in 1984.

Adele Shank, a lawyer for Broom, says she has spoken with him and seen the puncture wounds. "He is swollen and red and is in active, aching pain." she said.

Broom's lawyers contend that the Ohio system -- where officials took two hours trying to puncture Broom's arm -- is critically flawed. Thus, Shank said, death by lethal injection constitutes cruel and unusual punishment.

"His arms hurt and his veins are damaged," said Shank. "If they couldn't do it last week, next week will be an invitation of disaster."

In an affidavit filed with the court, Broom says nurses tried 18 times to insert a needle in one of his veins, but never could.

"He attempted to insert the IV," said Broom of one male nurse's attempts, "but he lost it and blood started to run down my arm. The female nurse left the room. The correction officer asked her if she was OK. She responded, 'no' and walked out."

Death penalty opponents are convinced that the unprecedented "temporary halt" will be anything but temporary, and they hope this case will reignite the debate over whether lethal injection constitutes cruel and unusual punishment.

Convicted Killer Romell Broom Appeals to State, Federal Court to Stop Second Execution Attempt - ABC News

 

[Jolie77]

Mod's Note:

Both threads have been merged.

 

[jillio]

Was it because of the "cruel and unusual" aspect of repeating an execution?

That's the premise behind it.

 

[rockin'robin]

This is really mind-boggling...wondering what they are gonna do....then again, the 14 yr. old suffered horribly too, after being raped and stabbed to death.

Still waiting to see what they are gonna do to this man?

 

[Babyblue]

I wonder how much the tax payers had to pay on the first attempt.

It is more expensive to execute a death row inmate, than it is to let him serve life.

The man admitted he is ready to die so he doesn't have to live in prison for the rest of his life. Why give him what he wants? Let him rot in prison!!

Save the tax payers money and at the same time let him suffer in prison.

 

[Reba]

It's called jury nullification. Here's a link:

Jury nullification: when jurors leave the law behind. - Free Online Library

In my jurisdiction, a judge is not allowed to instruct the jury on this issue. Prosecutors are not allowed to tell the jury in closing arguments.

I'm not familiar with the mitigation rules that apply to sentencing (death penalty cases). There are different rules for the sentencing phase. I think that you have to have certain credentials to represent a defendant in a death penalty case. I have a colleague that represented a death row inmate on appeal (pro bono) but that's different. The inmate had already been convicted and sentenced. Can you imagine how much pressure you would be under representing a guy who might be executed. Too much stress for me!

for the link.

Here's another fly in the ointment. Sometimes judges can set aside the jury's guilty verdict.

Another complication to sentencing is that in some courts the judge decides the sentence, and in others the jury does. Sometimes sentencing is part of the original trial, sometimes it's separate. Each state is different.

 

[Babyblue]

for the link.

Here's another fly in the ointment. Sometimes judges can set aside the jury's guilty verdict.

Another complication to sentencing is that in some courts the judge decides the sentence, and in others the jury does. Sometimes sentencing is part of the original trial, sometimes it's separate. Each state is different.

Indeed, the justice system is totally screwed up! In one way or another.

 

[Pepsi]

Just shoot him for crying out loud.

Yiz

I agree just shoot his ass.

 

[omegaman]

I wonder how much the tax payers had to pay on the first attempt.

It is more expensive to execute a death row inmate, than it is to let him serve life.

The man admitted he is ready to die so he doesn't have to live in prison for the rest of his life. Why give him what he wants? Let him rot in prison!!

Save the tax payers money and at the same time let him suffer in prison.

I am quite surprised how many people on here want him to die. Sure, after the crime/s he committed deserves to die. But, even though death can seem scary, death is also too easy... And, as you pointed out, he wants to die. So, yes, why give the man what he wants?

As for the cost of keeping him alive... Well, if we know he is suffering, then I think it is worth keeping him alive.

Overall, I think if a person has to be put to death, then they should be used for science while they are alive.

 

[pek1]

Well, boo hoo for the killer.

Not.

Let's not forget:

"Broom was sentenced to die for the rape and slaying of a 14-year-old Tryna Middleton after abducting her in Cleveland in September 1984 as she walked home from a Friday night football game with two friends."

I agree! Send in Jiro with a one-edged razor blade. I'm sure he can find it since those overpaid nincompoops can't!