Skip to main content

Federal judge: Ohio's 3-drug death penalty cocktail poses 'substantial risk of serious harm'

Midazolam
A federal magistrate judge on Thursday barred the use of a 3-drug cocktail the state of Ohio planned to use to execute death-row inmates, declaring the method the state prefers to be unconstitutional.

Magistrate Judge David Merz of Dayton also halted the executions of 3 inmates scheduled to be executed in the coming months, 2 of which came from Northeast Ohio.

Merz, in his 119-page order, ruled that there were enough problems with all 3 of the drugs Ohio intends to use in its execution protocol to warrant this disallowance. 2 states, Arizona and Florida, have discontinued the use of 1 of the drugs, named midazolam.

"The Court concludes that use of midazolam as the 1st drug in Ohio's present 3-drug protocol will create a 'substantial risk of serious harm' or an 'objectively intolerable risk of harm' as required by (Supreme Court precedent)," Merz wrote.

The ruling is a success for the inmates challenging Ohio's execution protocols and anti-death-penalty advocates who have sought to chip away at the state's ability to execute people since executions resumed in 1999. It may be short lived, though, as the ruling is all but guaranteed to be appealed.

A spokeswoman for Ohio Attorney General Mike DeWine's office said the office is reviewing the decision.

Ohio hasn't executed anyone since January 2014, when it took killer Dennis McGuire 25 minutes to die from a previously unused execution drug combination. McGuire was administered a cocktail that included midazolam. Witnesses said he appeared to gasp several times during his execution and made loud snorting or snoring sounds.

State officials and the courts put executions on hold until the state picked a new lethal-injection drug combination of midazolam, rocuronium bromide and potassium chloride last October. The challenge that led to Merz's ruling Thursday was also borne out of McGuire's execution.

During a hearing earlier this month, Merz heard testimony on all 3 drugs. His ruling Thursday said that the state cannot use any cocktail that contained potassium chloride or rocuronium bromide, a paralytic agent, since the state told a court in a previous proceeding that it would not use such drugs during future executions.

Those scheduled to die in the next few months included:

- Ronald Phillips, an Akron man convicted 1993 for raping his girlfriend's 3-year-old daughter and beating her to death. His execution was scheduled for Feb. 15.

- Gary Otte, an Indiana man who shot and killed 2 Parma residents during robberies in 1992. His execution was scheduled for March 15.

- Raymond Tibbetts, a Cincinnati-area man convicted in 2001 for murdering Judith Sue Crawford and Fred Hicks. His execution was scheduled for April 12.

Ohio has had trouble in recent years getting drugs to use for lethal injections in part because pharmaceutical companies don't want their products used for killing people.

In 2014, state lawmakers passed a secrecy law hoping to encourage small-scale drug manufacturers called compounding pharmacies to make its lethal-injection drugs. That law was challenged, though courts have declined to declare the law unconstitutional.

Source: cleveland.com, January 26, 2017

⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

Most viewed (Last 7 days)

Tennessee Supreme Court denies stay for death row inmate Christa Pike

(TNND) — As Tennessee prepares for a Sept. 30 execution, the Tennessee Supreme Court has denied death row inmate Christa Gail Pike’s request to stop it. The court rejected Pike’s challenge to the state’s lethal-injection protocol, finding that her thrombocytosis diagnosis, a condition involving elevated blood platelets, did not show the execution would violate the Eighth Amendment ban on cruel and unusual punishment.

Tennessee Woman Christa Pike Survives Lethal Injection, Ends Up in Hospital; Governor Halts Executions

Tennessee unable to carry out the execution by lethal injection of Christa Gail Pike Tennessee officials were unable to put Christa Gail Pike to death for a 1995 murder Wednesday, media witnesses said, after the lethal injection was halted for hours as courts considered a last-minute appeal of what would have been the state's 1st execution of a woman in at least 200 years.  Pike, 50, had been scheduled for execution for a killing she committed at age 18 after the U.S. Supreme Court overturned an appeals court ruling that stopped the lethal injection just an hour before it was to start. Officials then attempted to go ahead with it as planned. 

Florida | He executed death row prisoners. Then they came back to haunt him

Dunnellon, Florida—Every night, one of the men Ron McAndrew killed would sit at the foot of his bed and stare, blankly, into his tortured soul. He knew they were coming. He’d shift over in his sheets to make room. “They never said anything,” McAndrew recalls, his aged voice straining from the weight of the memory. “They just sat there and looked at me.” But their eyes would talk. They would ask, "How could you do such a thing?’” says McAndrew. “You always claimed to be a good person. And now you’re killing people.”

Tennessee | Governor permits Christa Pike execution: 'I am upholding the sentence'

Gov. Bill Lee does not plan to stop Christa Pike's execution. Pike, 50, is scheduled to be killed by lethal injection 10 a.m. Sept. 30 at Riverbend Maximum Security Institution in Nashville. “After deliberate consideration of Christa Gail Pike’s request for clemency, and after a thorough review of the case, I am upholding the sentence of the State of Tennessee and do not plan to intervene," Lee said in a statement released Sept. 28. Pike's attorneys lamented the news.

Florida executes Curtis Beasley

A 77-year-old man convicted of killing a woman with a hammer has become the 16th person executed this year in Florida  A 77-year-old Florida man was put to death Tuesday for his conviction in a deadly hammer attack on a woman decades ago, becoming the 16th person executed to date this year in the nation’s busiest death chamber.  Curtis Wilkie Beasley was pronounced dead at 6:12 p.m. following a lethal injection at Florida State Prison near Starke. He was convicted of 1st-degree murder, robbery, and grand theft auto in the 1995 hammer attack on Carolyn Monfort at her home south of Orlando. 

William Thompson Faces Execution in Florida Amid Dementia, Terminal Illness Concerns

Florida Governor Ron DeSantis signed an exe­cu­tion war­rant for 74-year-old pris­on­er William ​“Bill” Thompson less than 24 hours after he was released from the hos­pi­tal to the hos­pice wing of the prison. After his attor­neys raised seri­ous con­cerns about his men­tal com­pe­ten­cy and dete­ri­o­rat­ing phys­i­cal health, Gov. DeSantis agreed to tem­porar­i­ly stay the exe­cu­tion so Mr. Thompson’s com­pe­ten­cy can be eval­u­at­ed on October 1. If he is found com­pe­tent, his exe­cu­tion remains sched­uled for October 13.

Philippines | President Marcos Grants Absolute Pardon to Mary Jane Veloso

President Marcos Confirms Decision to Grant Absolute Pardon to Mary Jane Veloso  President Ferdinand R. Marcos Jr. has signed an absolute pardon for Mary Jane Veloso after more than a decade.  On Friday (September 25, 2026), the President confirmed the decision during a visit to Guiuan, Eastern Samar.  According to him, the pardon was officially signed the previous day, marking a major development in the case.  

Singapore | Ministry of Home Affairs refutes claims that death penalty was discussed during visit by Israel's security ministry

The Ministry of Home Affairs says discussions with the Israeli government involved the sharing of best practices in emergency response, crime prevention, and forensics. Issues relating to the death penalty “were never part of the meeting and were not discussed."  SINGAPORE: The Ministry of Home Affairs (MHA) on Friday (Sep 11) refuted claims by an Israeli media outlet that the death penalty was discussed during a visit by an Israeli delegation in May. The Haaretz newspaper reported on Sep 7 that a delegation comprising representatives from the Israel Prison Service and National Security Ministry made a “secret visit” to Singapore that month.

Texas executes Ker’Sean Ramey

Texas executes man for a triple killing, days after other man convicted in case was put to death  A man was executed Wednesday evening in Texas for a triple killing committed during an attempted robbery at a rural home, 1 week after the other man convicted in the case was put to death.  Ker’Sean Ramey, 41, was pronounced dead at 6:34 p.m. CDT following a lethal injection at the state penitentiary in Huntsville. He was the 6th person executed this year in Texas, with 3 more lethal injections scheduled in the state over the next 2 months. 

DNA evidence doesn’t match man who spent decades on death row, Utah prosecutors say

Douglas Stewart Carter, 71, was sentenced to death in 1985 after a jury found him guilty of murdering Eva Olesen Prosecutors are dropping their plan to seek the death penalty in an upcoming retrial of a Utah man who spent decades on death row for a 1985 killing in which newly analyzed DNA evidence did not match him. Douglas Stewart Carter, 71, was sentenced to death in 1985 after a jury found him guilty of murdering Eva Olesen, the aunt of a former Provo police chief. The state Supreme Court last year ordered a new trial, citing misconduct by investigators. Carter remains in custody and maintains his innocence.