Maryland: State drafts lethal injection rules

The administration of Gov. Martin O'Malley took a giant step toward restoring Maryland's death penalty on Wednesday, as the Department of Public Safety and Correctional Services completed draft regulations on performing executions by lethal injection.

Maryland has had a de facto death-penalty moratorium since December 2006, when the state's highest court invalidated the states execution protocols because they had not been adopted in compliance with the Administrative Procedure Act.

The draft lethal-injection regulations, which must be reviewed by a legislative committee and published for public comment, comply with the high courts decision in Evans v. State, state officials said.

Completion of the draft regulations follows an unsuccessful legislative effort this year to repeal the state's death penalty, an attempt O'Malley backed. A compromise measure was passed that greatly restricts the use of capital punishment.

O'Malley praised the new law and said he had no choice but to allow the drafting of new protocols to move forward after the repeal effort failed.

"These new regulations mark an important step in ensuring that the death penalty in Maryland is carried out in a manner consistent with state and federal law," O'Malley said in a statement after the draft regulations were released. "While I personally oppose the death penalty, I took an oath to uphold the laws of our state."

Anti-death penalty advocate Jane Henderson expressed strong concern that the proposed lethal-injection protocols call for the continued use of Pancuronium. The paralytic drug immobilizes the condemned making them unable to express any pain they might otherwise be experiencing, said Henderson, executive director of Maryland Citizens Against State Executions.

Henderson said she welcomed that the proposed lethal-injection regulations will be spelled out in their entirety and submitted for public comment, rather than exposed piecemeal or through litigation.

"It is nice to finally have this all out in the public domain," she said. "Up until now it's been pretty secretive."

The proposed lethal-injection regulations would do the following:

* Clarify prohibitions preventing a Department of Corrections employee from performing a medical procedure known as a "cut down" in which an incision is made to expose a vein at the time of execution in order to administer the injections;

* Reinforce requirements for pre-execution examination of the convict to determine appropriate locations to insert intravenous needles necessary for execution;

* Reduce from 4 hours to 3 hours the time before execution that the condemned may have visitors, excluding attorney and clergy;

* Require that an inmate with multiple attorneys decide which one, if requested, witnesses the execution;

* Require a contracted paramedic to be immediately outside the execution area if a certified paramedic is not on the execution team; and

* Clarify existing requirements for non-Department of Corrections execution team members to have appropriate credentials to perform assigned duties.

The regulations will next be reviewed by the General Assembly's Joint Committee on Administrative, Executive and Legislative Review (AELR), a 20-member panel consisting of 10 members each from the Senate and House of Delegates. The committee will determine if the proposed rules comport with state law and procedural due process.

The proposed regulations will also be published within the next 30 days in the Maryland Register, marking the start of a 30-day public comment period.

"I feel comfortable the General Assemblys AELR Committee will find that these draft regulations meet the requirements set forth in Evans v. State," said Gary D. Maynard, secretary of the Department of Public Safety and Correctional Services, in a prepared statement. "It has always been the duty of the department to carry out the laws and regulations of the state of Maryland. These new regulations will ensure we can meet those obligations."

Source: The Md Daily Record, June 25, 2009

Comments

USA | What happens in the final weeks before an execution? These reporters were inside the room.

The journalists behind ‘The Last 12 Weeks’ earned extraordinary access to a death penalty defense team—and faced difficult ethical choices Many defense lawyers are naturally cagey. They work in a pressure cooker, protecting their clients’ rights while fighting for the best possible outcome. And arguably, the stakes can’t get any higher than trying to save a client’s life. So no, defense lawyers don’t usually invite journalists into strategy meetings. But that’s what happened when Marshall Project reporter Maurice Chammah and Serial Productions senior producer Alvin Melathe spent the final few months before a Texas execution embedded with a capital defense team.

North Korea | 'I was only 9': North Korean defector recalls childhood memory of public execution

Kim Eun-joo was 9 years old when her teacher stopped their lesson and told the class to follow her outside. The children were marched to a public execution ground in North Korea. “I would cry even when our family dog died,” Kim said in a recent interview with The Korea Times. “But the first time I watched humans killing a human, I had no words for what I was feeling. It was the most brutal scene I have ever seen, in any movie or in real life.” The memory has stayed with her ever since. Now a human rights advocate after defecting from North Korea, Kim recently brought that childhood scene to the 9th World Congress Against the Death Penalty in Paris, where North Korea’s use of public executions and capital punishment was officially placed on the agenda for the first time.

19 July 1943 | Auschwitz's Largest Public Hanging: 12 Polish Prisoners Executed in Escape Reprisal

OSWIECIM, Poland — The SS carried out the largest public hanging in Auschwitz history on July 19, 1943, executing 12 Polish prisoners before other inmates as collective punishment for escapes and civilian contacts. The victims, all from the camp’s surveyors’ labor unit, were hanged on gallows built in front of the camp kitchen during an Auschwitz I roll call. The SS orchestrated this reprisal following prisoner escapes from the surveyors’ detail and unauthorized communication between inmates and civilians. Camp authorities used the recent escapes as a pretext to impose collective punishment.

Former Florida cop to be executed on same day as 80-year-old Pasco man

In an unprecedented move in the modern history of capital punishment, Gov. Ron DeSantis on Tuesday cleared the way for 2 executions to occur on the same day. DeSantis reset the execution of James Duckett, whose execution earlier this year was stayed amid efforts to secure DNA testing and analysis of evidence in his case. Duckett’s execution was reset for July 28. That is the same day previously set for the execution of Dominick Occhicone. Court records indicate that Duckett’s execution is scheduled for noon. Occhicone’s is set to follow at 6 p.m.

Japan: Capital punishment for a minor

Death chamber at Tokyo Detention Center The Supreme Court's recent decision to uphold the death sentence given in a lay judge trial to a 24-year-old man for murders he committed when he was a minor raises questions about the lay judge trial system and capital punishment. These include whether the lay judges correctly understood the spirit of the Juvenile Law in sentencing the defendant to death. It was the 1st death sentence handed down on a minor in a lay judge trial. The murders took place in Ishinomaki, Miyagi Prefecture, in 2010 when Yutaro Chiba was 18 - meaning he fell under the purview of the Juvenile Law. Chiba was convicted of entering his ex-girlfriend's house and stabbing to death the girl's sister and a female friend of the girl with a butcher knife, seriously injuring a male friend of the sister and abducting the girl. Prosecutors said Chiba killed the victims because they were trying to separate him and his former girlfriend. Since Chiba pleaded n...

Texas: The inmates who refused to die quietly and had to be gassed out of their cells before execution

Former crime reporter Michelle Lyons, who witnessed nearly 300 executions in Texas, US, reveals the desperate acts of death row prisoners who refused to accept their fate After spending years or often decades locked up in a tiny cell for 23 hours a day, most Death Row inmates go willingly to their executions. However, some refuse to die quietly - with officers forced to gas them out of cells, strap up their heads and even give chase across prison grounds. Michelle Lyons, who has witnessed nearly 300 executions in Texas, US, exclusively tells Sun Online how certain inmates "fight like hell" in their last moments. On most occasions, Michelle watched from the witness area, with the killers already on the gurney - the stretcher where they'd be given a lethal injection. Seven prisoners once tried to escape from the Row in Huntsville - with one shoving magazines and newspapers under his clothes to help him roll over razor-wire fences. Others have had to b...

Florida executes Dennis Sochor

Man, 74, becomes oldest inmate executed in Florida in state’s 10th lethal injection this year Florida put to death one of its oldest prisoners in its history on Tuesday, a 74-year-old convicted murderer who was 1 of 3 older inmates scheduled for execution within the span of a month in the nation’s busiest death penalty state. Dennis Sochor was pronounced dead at 6:16 p.m. following a 3-drug injection at Florida State Prison near Starke, the office of Republican Gov. Ron DeSantis said. He was convicted of killing a woman on Jan. 1, 1982, just hours after meeting her at a New Year’s Eve party.

Oldest inmate set to be executed in Florida will face strict spending limit for final meal

An entire category of food is also off-limits for final meal requests in Florida Florida is currently preparing to execute its oldest inmate later today (July 14), a 74-year-old convicted murderer who has been on death row since the 1980s—but his final meal will be limited by a strict budget. Dennis Sochor is scheduled to be put to death later today, making history as the oldest inmate to ever be executed in the state. The criminal, who has been on death row for nearly 40 years, will be administered the lethal three-drug injection, with the process due to begin at around 6pm.

Florida to execute William Silvia for 2006 shooting murder of wife

William Silvia, convicted of the 2006 shooting murder of his wife, Patricia, is scheduled to die by lethal injection in August, according to a death warrant filed by Gov. Ron DeSantis on July 17. If all previously scheduled executions go as planned, Silvia will be the 13th person put to death in Florida this year, following a record-breaking 19 executions in 2025. Silvia, now 61, went to his estranged wife's mother's house in Seminole County to attempt to reconcile with her, but first he calmly bought a 12-gauge shotgun and ammunition, prosecutors said. After talking to Patricia Silvia, Silvia got the shotgun from his truck, shot her mother, Betty Woodard, in the face, and fatally shot Patricia in the head, court records show. Woodard, who was standing in front of her daughter, lost her left eye and the top portion of her nose.

Idaho | Death row prisoners sue over state's new firing squad

BOISE (Idaho Statesman) – Days after Idaho made the switch to a firing squad for executions, two Idaho death row prisoners next in line to be put to death sued the state prison system, saying its director withheld information about how she settled on the specifics for carrying out the method. Attorneys for prisoners Thomas Creech and Gerald Pizzuto filed suit this week in state district court against Idaho Department of Correction Director Bree Derrick. In the filing, they called her approval of an updated standard operating procedure for the firing squad and lethal injection as a backup method “arbitrary, capricious, or an abuse of discretion and in excess of the statutory authority of the agency.”

Death Penalty News

Search This Blog