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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…

Obama's overlooked last-minute commutation lifts death sentence for disabled inmate

President Barack Obama
"Obama commuted more sentences than the last 13 presidents combined.”
President Barack Obama’s commutation of Chelsea Manning’s sentence for leaking classified information got the most interest from the media on Tuesday, but a commutation in a capital case is getting the attention of lawyers advocating for better administration of the death penalty.

Obama commuted the death sentence of Abelardo Arboleda Ortiz to life in prison without the possibility of parole, according to Politico and this list published by the Washington Post.

Ortiz and two others had been convicted of killing a drug dealer in 1998. The other men did not receive death sentences.

Arboleda Ortiz is intellectually disabled, but his trial lawyer didn’t investigate that disability and didn’t tell jurors about his client’s disadvantaged life, according to a statement by the inmate’s new lawyer, Amy Gershenfeld Donnella. His sentence was harsher than that of his co-defendants, though he wasn’t even on the same floor where the murder occurred, she said.

“Mr. Arboleda Ortiz’s case epitomizes the broken federal death penalty system,” Donnella said. “He is an intellectually disabled person of color with an IQ of 54 who was never able to learn to read, write, or do simple arithmetic, and could not even tie his shoes until he was 10 years old, as noted by the government’s own expert. …

“Mr. Arboleda Ortiz’s case highlights several of the glaring problems that plague the federal system no less than state systems: dreadful lawyering by defense counsel; disproportionate sentencing even among co-defendants; significant racial, economic and geographic disparities in the choice of those who will be tried capitally; and procedural constraints that make it virtually impossible to correct a conviction or sentence imposed, even in violation of the Constitution, when new evidence comes to light.”

Obama also commuted the sentence of a second death-row inmate, Dwight Loving, to life in prison without parole, report the Marshall Project and the Houston Chronicle. Loving was convicted in 1989 by a military court for killing two cab drivers in Texas.

The Marshall Project asked the White House why Obama decided to commute the sentences of the two death-row inmates, but the publication did not receive a response.

➤ Related article: Obama commutes 330 more sentences, surpasses total of last 13 presidents combined”, ABA Journal, January 19, 2017

Source: ABA Journal, Debra C. Weiss, January 18-19, 2017

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