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Texas: With a man's execution days away, his victims react with fury or forgiveness

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For the past 3 months, Christopher Anthony Young has awoken in his 10-by-6 foot concrete cell on death row and had to remind himself: He's scheduled to die soon.
As the day crept closer, the thought became more constant for Young, who's sentenced to die for killing Hasmukh "Hash" Patel in 2004.
"What will it feel like to lay on the gurney?" he asks himself. "To feel the needle pierce my vein?"
Mitesh Patel, who was 22 when Young murdered his father, has anxiously anticipated those moments, as well. He wonders how he will feel when he files into the room adjacent to the death chamber and sees Young just feet away through a glass wall.
For years, Patel felt a deep hatred for Young. He wanted to see him die. Patel knew it wouldn't bring his father back. But it was part of the process that started 14 years ago when Young, then 21, gunned down Hash Patel during a robbery at Patel's convenience store on the Southeast Side of San Antonio.
3 mont…

Court considers constitutionality of Ohio execution process

COLUMBUS, Ohio — A federal appeals Court plans to consider arguments over the constitutionality of Ohio's lethal injection process as the state tries to start carrying out executions once again.

At issue is whether a contested sedative, midazolam, is powerful enough to put inmates into a deep state of unconsciousness before two subsequent drugs paralyze them and stop their hearts.

A related issue is whether Ohio has a realistic chance of finding an alternative drug — a barbiturate called pentobarbital — that once was widely used in executions but has become difficult or, in Ohio's case, impossible to obtain.

The 6th U.S. Circuit Court of Appeals in Cincinnati had scheduled arguments for Tuesday, but reset them for March 7. The court's ruling, likely a few weeks afterward, will be closely watched not just in Ohio but in other states that use midazolam or might be looking to try it.

The case reached the court after Ohio appealed a federal judge's ruling that rejected the state's current three-drug method.

Executions have been on hold since January 2014 when inmate Dennis McGuire took 26 minutes to die under a never-before-tried two-drug method that began with midazolam. The same drug was involved in a problematic execution later that year in Arizona.

Ohio announced its three-drug method in October, and said it had enough for at least four executions, though records obtained by The Associated Press indicated the supply could cover dozens of procedures.

The prison system used 10 milligrams of midazolam on McGuire. The new system calls for 500 milligrams. The state said there's plenty of evidence proving the larger amount will keep inmates from feeling pain.

Ohio also said the U.S. Supreme Court upheld the use of midazolam in 2015 in a case out of Oklahoma.

"Ohio has the capability to perform constitutional executions now. It should be permitted to do so," Thomas Madden, an assistant attorney general, said in Ohio's appeal.

Attorneys for death row inmates said Magistrate Judge Michael Merz got it right in last month's ruling, when he said that the "three-drug midazolam protocol creates a substantial risk of serious harm."

Those attorneys also said the U.S. Supreme Court case involved evidence unique to Oklahoma. And they said Ohio has an alternative option: finding pentobarbital.

Ohio disagrees, and said that over time it asked seven states in vain for the drug. Of the seven, only Georgia, Missouri and Texas appear to have reliable sources of pentobarbital when needed. Those states won't reveal the source.

On Feb. 10, Republican Ohio Gov. John Kasich delayed eight executions to allow time for the appeals court arguments.

Ronald Phillips, who was scheduled to die Feb. 15 for raping and killing his girlfriend's 3-year-old daughter in Akron in 1993, is now set for execution May 10.

Source: Associated Press, Andrew Welsh-Huggins, February 21, 2017

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