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No Second Chances: What to Do After a Botched Execution

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Ohio tried and failed to execute Alva Campbell. The state shouldn't get a second chance.
The pathos and problems of America's death penalty were vividly on display yesterday when Ohio tried and failed to execute Alva Campbell. Immediately after its failure Gov. John Kasich set June 5, 2019, as a new execution date.
This plan for a second execution reveals a glaring inadequacy in the legal standards governing botched executions in the United States.
Campbell was tried and sentenced to die for murdering 18-year-old Charles Dials during a carjacking in 1997. After Campbell exhausted his legal appeals, he was denied clemency by the state parole board and the governor.
By the time the state got around to executing Campbell, he was far from the dangerous criminal of 20 years ago. As is the case with many of America's death-row inmates, the passage of time had inflicted its own punishments.
The inmate Ohio strapped onto the gurney was a 69-year-old man afflicted with serious ailm…

Texas Board of Pardons and Paroles turns down John Battaglia's clemency petition

John Battaglia
John Battaglia
HUNTSVILLE — The Texas Board of Pardons and Paroles has turned down a clemency petition from a Dallas man set to die this week for fatally shooting his two young daughters nearly 15 years ago.

Board spokesman Raymond Estrada says the board voted 7-0 Monday, refusing to recommend that John David Battaglia’s death sentence be commuted to life in prison and denying his request for a reprieve from his scheduled Wednesday evening execution in Huntsville.

Battaglia, 60, was convicted and condemned for the May 2001 slayings of his daughters, 9-year-old Faith and 6-year-old Liberty, at his Dallas apartment. 

The girls’ mother, Battaglia’s ex-wife, was on the phone with him and heard the gunshots and cry of the older daughter.

Battaglia still has appeals in the federal courts seeking to block his punishment.

Source: The Associated Press, March 28, 2016


Fort Worth Man On Death Row Loses Supreme Court Appeal

HOUSTON (AP) — The U.S. Supreme Court has refused to review an appeal from a Fort Worth man on death row for smothering an 89-year-old man and robbing him of some $6,000 12 years ago.

The high court, without comment, ruled Monday in the case of 36-year-old Tilon Carter. His appeals have focused on whether his Tarrant County trial attorneys were deficient and whether faulty instructions were given to trial jurors.

Carter was condemned for the 2004 robbery and slaying of James Tomlin. Evidence showed Tomlin, a retired Bell Helicopter worker, kept cash in containers scattered around his home.

Prosecutors portrayed Carter as a longtime criminal and also tied him to a fatal shooting at a drug house.

He does not yet have an execution date.

Source: The Associated Press, March 28, 2016

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