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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…

Arizona high court denies challenge to death penalty law

The Arizona Supreme Court on Wednesday denied a broad challenge to the state's law on capital punishment, rejecting arguments that there are too many possible circumstances making defendants eligible for possible death sentences.

The justices dealt with the challenge in a unanimous ruling upholding two murder convictions and death sentences of Abel Daniel Hidalgo, who is in a federal prison in Arizona serving life sentences for two other killings committed on an Indian reservation in Idaho.

Defense lawyers for Hidalgo and other Arizona murder defendants had argued in trial court that Arizona's death penalty law doesn't sufficiently narrow eligibility for the death penalty.

Arizona law includes 14 so-called "aggravating circumstances" that prosecutors can allege for jurors to decide whether a defendant is eligible for a possible death sentence instead of life in prison.

The circumstances include a previous conviction for a serious offense, killing for money, victims who are police officers or a child under age 15, killing while in prison and killing "in an especially heinous, cruel or depraved manner."

Defense attorneys argued that defendants' due-process rights were violated because nearly every first-degree murder case filed in Maricopa County, which includes most of metro Phoenix, could support at least one aggravating factor.

However, the Supreme Court's ruling authored by Chief Justice Scott Bales noted that prosecutors only sought a death penalty in about 10 percent of Maricopa County first-degree murder cases in a two-year span earlier this decade.

Determining whether a defendant will be sentenced to death involves several narrowing steps that go beyond the law's listing of aggravating factors, including consideration of evidence suggesting leniency, Bales said.

"Observing that at least one of several aggravating circumstances could apply to nearly every murder is not the same as saying that a particular aggravating circumstance is present in every murder," Bales added.

Hidalgo pleaded guilty in the January 2001 contract killing of Phoenix auto-body shop owner Michael Cordova and the killing of upholsterer Jose Rojas. Jurors then sentenced him to death.

Hidalgo said he killed Cordova for $1,000 at the behest of a gang member and that he killed Rojas because Rojas was at Cordova's business and was a potential witness.

In the Arizona killings, prosecutors alleged and jurors found multiple aggravating factors — a money-related motive, prior convictions for a serious offense, convictions for another offense that could be punished by either life or death and commission of multiple murders.

Hidalgo pleaded guilty in federal court in Idaho to the 2002 drug-related killings of two Shoshone-Bannock women, 21-year-old Leigha Tacunan and 42-year-old Margaret Fellows.

Prosecutors didn't ascribe a motive to the killings at a home on the Fort Hall Indian Reservation in Idaho, but an FBI agent testified in a hearing in the case that the Hidalgo had supplied drugs to the women. Tacunan was a former girlfriend of Hidalgo.

Source: The Associated Press, Paul Davenport, March 15, 2017

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