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In the crosshairs of conscience: John Kitzhaber's death penalty reckoning

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To cope with his dread, John Kitzhaber opened his leather-bound journal and began to write.
It was a little past 9 on the morning of Nov. 22, 2011. Gary Haugen had dropped his appeals. A Marion County judge had signed the murderer's death warrant, leaving Kitzhaber, a former emergency room doctor, to decide Haugen's fate. The 49-year-old would soon die by lethal injection if the governor didn't intervene.
Kitzhaber was exhausted, having been unable to sleep the night before, but he needed to call the families of Haugen's victims.
"I know my decision will delay the closure they need and deserve," he wrote.
The son of University of Oregon English professors, Kitzhaber began writing each day in his journal in the early 1970s. The practice helped him organize his thoughts and, on that particular morning, gather his courage.
Kitzhaber first dialed the widow of David Polin, an inmate Haugen beat and stabbed to death in 2003 while already serving a life sentence fo…

Seventeen Australians on or facing death row a year after Bali Nine deaths

Figures show Australian federal police provided information for ‘potential death penalty situations’ 74 times in past year

In the year since Andrew Chan and Myuran Sukumaran faced an Indonesian firing squad, their wishes appear to have been posthumously granted, at least in part – no more Australians have been added to the list of those potentially facing the death penalty.

But of at least 17 Australians still thought to be at risk of execution overseas, life on death row has become a grim reality for at least one man and the fate of another could be known within days.

On the anniversary of the execution of Chan and Sukumaran over a thwarted plan to smuggle heroin out of Bali, the Department of Foreign Affairs and Trade did not respond when asked how many Australians in jail could face capital punishment.

It is understood there has been no change to the number Dfat confirmed last year, with groups including the New South Wales Council for Civil Liberties not aware of any new cases.

But, in the past year, the prospect of execution drew closer for a former Adelaide jockey given a suspended death sentence in China for smuggling ice.

And a verdict on another ice smuggling case in China, which will decide the fate of a young dual Australian and New Zealand citizen, could be just days away.

The two men are among as many as 11 Australians thought to be held over drug prosecutions in a single southern Chinese city, Guangzhou. The possibility of execution by lethal injection or firing squad looms for all of them.

In Malaysia, an Australian woman could be hanged if found guilty of drug smuggling. In Vietnam, a Sydney man faces the prospect of secret execution by lethal injection of locally manufactured chemicals of “unknown efficacy”, according to Amnesty International.

While the number of Australians on or facing death row held steady, the level of involvement by the Australian federal police in transnational investigations that could result in death penalties declined – but was still significant.

Figures provided to Guardian Australia show the AFP provided information for investigations known as “potential death penalty situations” 74 times in the past year.

Guardian Australia was told that information provided by the AFP could include criminal history or lack thereof in Australia, which may be used by the accused to bolster their defences. The AFP has faced prolonged criticism for its role in tipping off Indonesian authorities about the plot of the “Bali Nine”, which led to Chan and Sukumaran’s executions.

A Guangzhou customs official in 2014 cited growing cooperation with the AFP in recent years after a surge in drug arrests in the city involving Australians.

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Source; The Guardian, Joshua Robertson, April 282016

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