FEATURED POST

No Second Chances: What to Do After a Botched Execution

Image
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…

Nebraska inmate facing death penalty files motion contesting its constitutionality

Patrick Schroeder
Patrick Schroeder
TECUMSEH, Neb. — A recent change in lethal injection procedure intended to enable Nebraska to carry out executions has been challenged by an inmate facing a potential death sentence.

Concerns over the new drug protocol are among the 11 arguments in a motion filed this week by attorneys for Patrick Schroeder, who seeks to have Nebraska’s death penalty law declared unconstitutional.

Schroeder, who is already serving a life sentence for murder, now faces the death penalty for allegedly choking to death his cellmate, Terry Berry Jr., on April 15 inside a special management unit cell at the Tecumseh State Prison.

He was scheduled to be arraigned Tuesday in Johnson County District Court and enter a plea.

Instead, District Judge Vicky Johnson scheduled a July 28 hearing on Schroeder’s motion to overturn the death penalty.

“Our society can no longer kill to show that killing is wrong,” stated the motion to quash, filed by defense attorneys Todd Lancaster and Sarah Newell with the Nebraska Commission on Public Advocacy.

Johnson County Attorney Rick Smith, who is prosecuting the case with the Nebraska Attorney General’s Office, declined to comment.

“We will argue it at the hearing,” he said.

Among issues raised by Schroeder in the 32-page motion:

  • The death penalty in Nebraska is racially discriminatory, considering that only one of the nine men sent to death row since the law was amended in 2002 is white. Five are Hispanic and three are black.
  • The death penalty is applied unevenly based upon geography. Since 2002, all death penalty cases have originated in four of Nebraska’s 93 counties: Douglas, Madison, Scotts Bluff and Hall.
  • Nebraska’s death penalty procedure requires juries to decide the aggravating factors necessary to impose death, but it requires a three-judge panel to weigh the mitigating factors in a defendant’s favor. Such a two-step process that limits the jury’s role is similar to one used in Florida that was found unconstitutional by the U.S. Supreme Court in 2016.
  • Evolving standards of decency in a “mature society” have made the carrying out of executions increasingly rare in the U.S. Just 10 states are responsible for 83 percent of the 1,442 executions since 1976, the motion stated. Last year, the 20 total executions carried out were in five of the 31 states with capital punishment. Nebraska has not executed an inmate since 1997, when the method was the electric chair.
  • The highest courts in the states and the nation have previously banned the execution of juveniles, the mentally ill and the developmentally disabled. They also have prohibited methods once commonly used as cruel and unusual punishment.


“The rejection of the nooses, bullets, gas and electricity signaled not only the discomfort with the method of execution, but with the death penalty itself,” the motion stated.

Though Schroeder has not been convicted of the prison homicide, let alone sentenced, the motion was filed at this early stage to properly preserve the issues for appeal.

The death penalty challenge comes several months after voters reinstated capital punishment. More than 60 percent of those who cast ballots in November voted to reverse the Legislature’s repeal of the death penalty in 2015.

In an effort to create a viable death penalty procedure in the wake of that vote, the Nebraska Department of Correctional Services changed the lethal injection protocol earlier this year. That change is under attack by Schroeder.

Under the former protocol, inmates were to be put to death with injections of three substances in a specific order. But obtaining some of the drugs specified in the protocol became increasingly difficult for prison officials.

The new protocol gives the prisons director wide latitude in deciding the types and quantities of drugs to be used. He also may opt to use a single drug, as long as it first causes the inmate to lose consciousness.

Schroeder’s motion argues that the Legislature has unlawfully delegated its lawmaking authority to the prisons director to decide what drugs to use.

The motion also challenges the death penalty statutes for giving too little guidance as to when the penalty should be sought and applied. As a result, individual county attorneys decide who will be put to death in a manner that is “arbitrary and capricious” in violation of the U.S. Constitution.

“The decision to file aggravating circumstances can be affected by the legal experience of the prosecutor, the size and resources of the particular county, any prejudice or bias of the prosecutor, the political ambition of the prosecutor or other political circumstances,” the motion stated.

Source: Omaha World Herald, Paul Hammel / World-Herald Bureau, June 21, 2017

⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

Comments

Most Viewed (Last 7 Days)

Ohio: Alva Campbell execution delayed indefinitely

Here's as Crazy a Death Penalty Story as You'll Find

Nevada releases detailed manual on how it plans to execute death row inmate

A Travelling Executioner

No Second Chances: What to Do After a Botched Execution

Ohio: Alva Campbell will get wedge-shaped pillow for execution; his death could become a “spectacle”

Nevada death row inmate placed on suicide watch

Arizona: Man sentenced to death in 2011 death of 10-year-old locked in storage box

Too Old and Too Sick to Execute? No Such Thing in Ohio.

Nevada refuses Pfizer demand to return drugs state plans to use in execution