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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…

Former Florida Chief Justice Says Death Penalty Process Faces Chaos

Florida's death chamber
Florida's death chamber
A former chief justice of the Florida Supreme Court says the state’s death penalty process will be left in “chaos” as a result of recent court decisions involving how the process is administered.

In the past, a jury would recommend whether someone convicted of murder should be given the death penalty. The jury’s recommendation could be a simple majority. But, the final decision as to whether a person would receive the death penalty was left up to the judge.

The U.S. Supreme Court ruled that giving the judge the final say violated a defendant’s right to a trial by jury. The high court also took exception with a majority vote, saying the jury’s decision on the death penalty needed to be unanimous. (1)

Earlier this year, the Florida Legislature enacted a law requiring a unanimous jury decision before a person can be sentenced to death.

The rulings mean that approximately 150 inmates on Florida’s death row can now request a new sentencing hearing to determine if their death sentences will stand.

Former Florida Supreme Court Chief Justice Gerald Kogan says that could be a big problem.

“That’s not an easy thing to go back and dig up all of this evidence and especially to dig up all the witnesses,” Kogan told reporters during a conference call Tuesday afternoon. “We have been very, very negligent in the state of Florida in handling these types of cases.”

Kogan said there are inmates on Florida’s death row who were convicted 30 or more years ago. He says it won’t be as simple as letting a new jury read the transcripts from the old trial. He says both sides will have to put on evidence for a new jury to consider.

“You’ve got a mess and there’s no doubt about that,” said Kogan.

Juanita Perez’s son, Benjamin Hamilton, and granddaughter, Ivory, were both murdered in Brevard County in 2009. The man convicted of killing them, Justin Heyne, did not receive a unanimous decision in the sentencing phase and will likely receive a new hearing.

“The fact that this process has to begin all over again when we were promised it was over. It’s harmful to all families, even if you want it or not,” said Perez. “The only one who benefits from this is the state attorney.”

Perez said she didn’t ask for the death penalty in her son’s and granddaughter’s murders in the first place and doesn’t want to be put the process again.

(1) DPN received the following comment: "The US Supreme Court did not address the issue of unanimity at all. The requirement that the jury vote be unanimous was imposed by the Florida Supreme Court, construing long-standing Florida law as well as the Florida and United States Constitutions." - Florida Center for Capital Representation at FIU College of Law.

Source: The Capitolist, John Lucas, June 27, 2017

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