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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…

Supreme Court rejects Alabama death penalty inmate's appeal

Thomas Arthur
Thomas Arthur
The U.S. Supreme Court declined Tuesday to take up a challenge to Alabama's method of lethal injection, which employs a drug used by at least four other states to carry out the death penalty.

Thomas Arthur, who faces execution for killing a man in a murder-for-hire-scheme, contended that the state's use of a drug called midazolam amounts to cruel and unusual punishment because it does not reliably induce a condition of deep unconsciousness, leaving a condemned prisoner susceptible to searing pain caused by follow-on injections of other chemicals intended to cause death.

In a 2015 decision, the Supreme Court upheld the use of midazolam but said a state's lethal injection system could be challenged if it presents a risk of severe pain and an alternative is available that entails a lesser pain risk.

Another Alabama inmate coughed repeatedly, clenched his fists, and raised his head during his execution December 8 in which midazolam was used. Witnesses said the man's upper body heaved for at least 13 minutes.

In his legal challenge, Arthur said a better alternative would be a sedative known as pentobarbital. Used by itself, the drug is now the most common method of execution in the United States. Even the firing squad would be better than midazolam, Arthur said.

He also said the state's method for testing whether an inmate was unconscious, by pinching him on the arm, is unreliable because prison staff members were never trained in how to use the proper amount of force.

A federal appeals court ruled against him, holding that challenges to a method of execution can propose only an alternative available under that state's law. 

Arthur appealed to the Supreme Court, which granted a stay of execution in November to allow him and the state to file additional documents.

But on Tuesday, the court declined to take the case in a brief order issued without explanation. That clears the way for Alabama to set a new execution date.

Justices Sonia Sotomayor, joined by Steven Breyer, dissented, saying today's action issues "a macabre challenge. In order to successfully attack a state's method of execution, a condemned prisoner must not only prove that the state's chosen method risks severe pain, but must also propose a known and available alternative method for his own execution."

Now 74, Arthur was sentenced to death for a murder in 1982. 

Prosecutors said a woman with whom he was having an affair gave him $10,000 to kill her husband. 

After Arthur's first two convictions were reversed, he was found guilty again in 1991 and has pursued repeated appeals since then.

Source: NBC News, Pete Williams, February 21, 2017

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