FEATURED POST

Capital Punishment in the United States Explained

Image
In our Explainer series, Fair Punishment Project lawyers help unpackage some of the most complicated issues in the criminal justice system. We break down the problems behind the headlines - like bail, civil asset forfeiture, or the Brady doctrine - so that everyone can understand them. Wherever possible, we try to utilize the stories of those affected by the criminal justice system to show how these laws and principles should work, and how they often fail. We will update our Explainers monthly to keep them current. Read our updated explainer here.
To beat the clock on the expiration of its lethal injection drug supply, this past April, Arkansas tried to execute 8 men over 1 days. The stories told in frantic legal filings and clemency petitions revealed a deeply disturbing picture. Ledell Lee may have had an intellectual disability that rendered him constitutionally ineligible for the death penalty, but he had a spate of bad lawyers who failed to timely present evidence of this claim -…

Death row inmate Romell Broom can face execution again after failed attempt, Ohio Supreme Court rules

Romell Broom, shortly after the botched execution attempt on Sept. 15, 2009
Romell Broom, shortly after the execution
attempt he survived on Sept. 15, 2009
Ohio can try a second time to execute convicted killer Romell Broom, the Ohio Supreme Court ruled today.

In a 4-3 ruling written by Justice Judith Lanzinger, the court said that the state would not violate the U.S. Constitution Eighth Amendment ban on cruel and unusual punishment by executing Broom, a Cleveland man who was convicted and sentenced to death for murdering 14-year-old Tyrna Middleton in 1984.

The court sided with the Cuyahoga County prosecutor who argued that the botched attempt to execute Broom on Sept. 15, 2009, didn't count as a failed execution because deadly chemicals never entered Broom's body.

"To be clear, the state must comply with the protocol as amended," Lanzinger wrote. "Strict compliance with the protocol will ensure that executions are carried out in a constitutional manner and can also prevent or reveal an inmate’s attempt to interfere with the execution process. We simply are unable to conclude that Broom has established that the state in carrying out a second attempt is likely to violate its protocol and cause severe pain."

Lanzinger pointed out the state has put to death 21 people since Broom's failed attempt.

In a strongly worded dissenting opinion, Justice Judith French said, "The majority’s decision to deny Romell Broom an evidentiary hearing on his Eighth Amendment claim is wrong on the law, wrong on the facts, and inconsistent in its reasoning.

"If the state cannot explain why the Broom execution went wrong, then the state cannot guarantee that the outcome will be different next time."

Justice William O'Neill added in his dissent, "Any fair reading of the record of the first execution attempt shows that Broom was actually tortured the first time. Now we embark on the task of doing it again."

Ohio Public Defender Tim Young, whose office filed a supporting brief in the case, said in response to the ruling, "The vast majority of people in America believe you get one bite at this, one try at executing someone. If you went though the process and it fails, that should be the end."

"The government doesn't get to try to execute someone twice," Young said.

Ohioans to Stop Executions issued a statement about the ruling. "Enough is enough. Our government must not be in the business of intentionally inflicting torture on our citizens. If the state’s intention is that Mr. Broom pay for his crimes by dying in jail, that can be accomplished with a commutation to life without parole. We call on Gov. (John) Kasich to do exactly that."

It is the first time in recent Ohio history the state will be allowed a do-over in an execution.

Broom's execution was called off after two hours and 18 unsuccessful attempts to attach intravenous needles.

Court records show, and both sides agreed, that Ohio Department of Rehabilitation and Correction employees failed to follow several of the agency's execution protocols, including doing the last of three required medical checks on Broom's veins, incomplete execution-team training, lack of a backup execution procedure, and involvement by a contract physician who was not part of the execution team.

Broom's case is unique in Ohio's capital-punishment history and is one of only two known cases nationally in which an execution was halted after it began. The other one was Willie Francis, a 17-year-old killer who died in Louisiana's electric chair on May 9, 1947, having survived a botched execution a year earlier.

Source: The Columbus Dispatch, Alan Johnson, March 16, 2016

Online Petition:

- Report an error, an omission: deathpenaltynews@gmail.com - Follow us on Facebook and Twitter

Most Viewed (Last 30 Days)

Harris County leads Texas in life without parole sentences as death penalty recedes

Idaho County commissioners take stand against death penalty

Indonesian death penalty laws to be softened to allow reformed prisoners to avoid execution

USA: Executions, Death Sentences Up Slightly in 2017

Texas executes Anthony Allen Shore

Death penalty cases of 2017 featured botched executions, claims of innocence, 'flawed' evidence

Virginia Governor commutes death sentence of killer found mentally incompetent to be executed

California: Death penalty sought against Redwood City man accused of sexually assaulting, killing infant

Texas man with scheduled execution uses letters from fellow death row inmates to argue for reprieve

New book features Kansas man who executed Nazi war criminals