The Florida Supreme Court on Tuesday cleared the way for the execution of a man convicted in the 1978 killing of a police officer, rejecting arguments a new anesthetic used to put condemned inmates to death would cause undue pain and suffering.
The court had temporarily halted Manuel Valle's execution last month after his attorneys argued the state's use of pentobarbital in its 3-drug lethal injection cocktail might not render Valle unconscious, thus subjecting him to significant pain when the other 2 drugs were administered.
The court's 44-page opinion lifts the stay and also clears the way for future executions.
The justices unanimously ruled there had been no credible evidence offered to show that administering pentobarbital at 10 times the highest normal sedation dosage would not render Valle unconscious.
Even a medical expert brought in by Valle's attorneys could not testify that such a massive dose would not work, the court noted.
"By asserting that no evidence exists concerning whether pentobarbital will render an inmate unconscious, Valle has failed to meet his burden of proof," the court said.
Valle's execution would be the 1st in Florida since the state, following the lead of several others, replaced sodium thiopental with pentobarbital in its lethal injection cocktail.
Similar challenges elsewhere to pentobarbital, often used to euthanize animals, have generally failed to succeed.
By itself, the drug is considered lethal at the 5,000 mg dose administered by the Florida Department of Corrections. It is followed by other medications that paralyze the lungs and cause a heart attack.
A spokesman for Governor Rick Scott said a new execution date has not been set.
Source: Reuters, August 23, 2011
Catholic Bishops Ask Rick Scott for Stay in Death Penalty Case
6 of Florida’s Catholic bishops -- Archbishop Thomas Wenski of Miami, Bishop Gerald Barbarito of Palm Beach, Bishop Robert Lynch of St. Petersburg, Bishop Frank Dewane of Venice, Bishop John Noonan of Orlando and Bishop Felipe Estévez of St. Augustine -- wrote Gov. Rick Scott appealing to him to stay the execution of Manuel Valle, a convicted cop killer who has been on death row for more than 30 years. The Florida Supreme Court issued a stay in July due to concerns about the drugs that were going to be used to execute Valle.
“We renew our appeal to you to end the use of the death penalty in our state. We urge you to stay the execution of Manuel Valle scheduled for September 1, 2011,” wrote the bishops. “We concede the right of the state to impose the death penalty when absolutely necessary, that is when it is otherwise impossible to defend society. However, given the ability of Florida to protect its residents by incarcerating inmates for life without possibility of parole, we pray you will exercise that option.
“Willful murder is a heinous crime; it cries to God for justice,” continued the bishops. “Yet, God did not require Cain’s life for having spilt Abel’s blood. While God certainly punished history’s first murderer, he nevertheless put a mark on him to protect Cain from those wishing to kill him to avenge Abel’s murder (cf. Genesis 4:15). Like Cain, the condemned prisoner on death row – for all the evil of his crimes – remains a person. Human dignity – that of the convicted as well as our own – is best served by not resorting to this extreme and unnecessary punishment. Modern society has the means to protect itself without the death penalty.
“The killing of Officer Louis Pena caused great suffering and pain for his family and friends, and we pray they were consoled as they mourned the loss of their loved one. We are hopeful that Officer Gary Spell and his family are healed from his traumatic experience as he came to the aid of his fellow officer. An execution re-opens the emotional wounds of victim’s families and does not bring back or honor their loved one. True peace can only be achieved by forgiveness,” wrote the bishops in conclusion. “Killing someone because they killed diminishes respect for life and promotes a culture of violence and vengeance. We affirm the right and duty of the state to assure public safety and punish the guilty by incarceration, which allows the inmate an opportunity for reflection on their offenses and sorrow for the pain they have caused others. Governor, we ask you to stop state-sanctioned killing by sparing the life of Manuel Valle, allowing him to serve out his sentence in prison for the rest of his natural life.”
Source: Sunshine State News, August 23, 2011
Catholic Bishops Ask Rick Scott for Stay in Death Penalty Case
6 of Florida’s Catholic bishops -- Archbishop Thomas Wenski of Miami, Bishop Gerald Barbarito of Palm Beach, Bishop Robert Lynch of St. Petersburg, Bishop Frank Dewane of Venice, Bishop John Noonan of Orlando and Bishop Felipe Estévez of St. Augustine -- wrote Gov. Rick Scott appealing to him to stay the execution of Manuel Valle, a convicted cop killer who has been on death row for more than 30 years. The Florida Supreme Court issued a stay in July due to concerns about the drugs that were going to be used to execute Valle.
“We renew our appeal to you to end the use of the death penalty in our state. We urge you to stay the execution of Manuel Valle scheduled for September 1, 2011,” wrote the bishops. “We concede the right of the state to impose the death penalty when absolutely necessary, that is when it is otherwise impossible to defend society. However, given the ability of Florida to protect its residents by incarcerating inmates for life without possibility of parole, we pray you will exercise that option.
“Willful murder is a heinous crime; it cries to God for justice,” continued the bishops. “Yet, God did not require Cain’s life for having spilt Abel’s blood. While God certainly punished history’s first murderer, he nevertheless put a mark on him to protect Cain from those wishing to kill him to avenge Abel’s murder (cf. Genesis 4:15). Like Cain, the condemned prisoner on death row – for all the evil of his crimes – remains a person. Human dignity – that of the convicted as well as our own – is best served by not resorting to this extreme and unnecessary punishment. Modern society has the means to protect itself without the death penalty.
“The killing of Officer Louis Pena caused great suffering and pain for his family and friends, and we pray they were consoled as they mourned the loss of their loved one. We are hopeful that Officer Gary Spell and his family are healed from his traumatic experience as he came to the aid of his fellow officer. An execution re-opens the emotional wounds of victim’s families and does not bring back or honor their loved one. True peace can only be achieved by forgiveness,” wrote the bishops in conclusion. “Killing someone because they killed diminishes respect for life and promotes a culture of violence and vengeance. We affirm the right and duty of the state to assure public safety and punish the guilty by incarceration, which allows the inmate an opportunity for reflection on their offenses and sorrow for the pain they have caused others. Governor, we ask you to stop state-sanctioned killing by sparing the life of Manuel Valle, allowing him to serve out his sentence in prison for the rest of his natural life.”
Source: Sunshine State News, August 23, 2011
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Manuel Valle, a Cuban national, is due to be executed in Florida on 2 August. He was convicted of the murder of a police officer in 1978. He was 27 years old when first sent to death row. He is now 61. ...
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Meanwhile, a decision is expected imminently from the Florida Supreme Court on the state's plan to use the same drug to execute Manuel Valle – a Cuban with close ties to Spain – despite serious concerns that doing so...
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