Skip to main content

Ohio | "I've judged, prosecuted death penalty cases. Only way to restore fairness is to repeal it"

Retired Judge James Brogan began his legal career in 1967 as an Assistant Prosecuting Attorney in Montgomery County. He was elected in 1980 and served five terms on the Ohio Second District Court of Appeals before retiring in 2011.

My involvement with the death penalty runs deep.

I dealt with capital punishment cases as a prosecutor and judge in Montgomery County.

In 2011, I was appointed by the then-chief justice of the Ohio Supreme Court to serve as chairman of the Joint Task Force on the Administration of Ohio’s Death Penalty.

I do not oppose the death penalty in concept, but because it fails as an effective public policy, I support current legislation to repeal Ohio’s capital punishment statute.

When Ohio reinstituted the death penalty in the late 1990s, both the electric chair - 'Old Sparky" - and a bed for lethal injection were available in the death chamber at the Southern Ohio Correctional Facility outside of Lucasville. Now both methods have been ruled out, leaving state policymakers struggling to come up with an alternative.

The Task Force grew out of a 2007 American Bar Association study of the causes of wrongful convictions. Ohio currently accounts for 11 of the 195 death row inmates who have been legally exonerated since 1973.

Ohio failed to meet 93% of the bar association's standards for fairness and accuracy in a capital punishment system. Our charge was to explore ways to reform and correct Ohio’s capital punishment processes. In 2014, our final report proposed 56 specific corrections to problems we identified.

What happened with our recommendations?


The Ohio Judicial Conference has addressed many of the procedural changes we suggested, but the Ohio General Assembly has done very little to address the recommendations which require implementation by legislation.

As a whole, the Task Force report has never been formally discussed in any subsequent General Assembly, however, I am grateful that one of our most substantive recommendations was enacted.

In 2021 a narrowly crafted bill disallowed the execution of defendants with severe mental illness at the time of the crime. 

The Ohio Prosecuting Attorneys Association is vehemently opposing the death penalty repeal legislation, suggesting the death penalty might instead be fixed. The good news here is that the association admits there are problems.

The late Terry Collins oversaw 33 executions as director of the Ohio Department of Correction and Rehabilitation. He called the severe mental illness prohibition a “no brainer,” saying that nothing should stand in the way of that particular reform. But because of vehement opposition by the Ohio Prosecuting Attorneys Association, it took six years – three General Assemblies – to pass the severe mental illness bill and have it signed into law.

Another recommendation that went nowhere was our call to look into the needs of murder victim families and the services available to them in Ohio.

A bill passed in the lame duck session in 2014 established a joint committee of the legislature, which took nearly a year to hold its first meeting. They held a series of hearings, but never issued a report or sought to implement any changes.

That is why I am heartened that current legislation diverts funds from our capital punishment system into improving services for Ohio’s co-victim community. 

How many executions does Ohio have planned?


Ohio currently has 31 executions scheduled over the next several years, but none have taken place under Gov. Mike DeWine’s consistently pro-life leadership.

I wrote to DeWine in January, 2018, just after he took office, urging him to declare that no executions would take place until the Task Force reforms are implemented. I urged the governor to adopt a policy that no Ohioan be executed if any substantial reform recommendation would have precluded a death sentence in the first place.

The execution pending at that time was of Warren Henness, a Franklin County case. At least 30 of the Task Force recommendations would have applied in his case. Had they been in place, Henness would not have faced the death penalty. I suspect most of the people with pending execution dates would have similar concerns. 

I urge the Ohio General Assembly to act now to restore fairness and integrity to Ohio’s criminal justice system by repealing Ohio’s death penalty.

The attempts to fix the system have failed – it is time to end it.

Source: dispatch.com, James Brogan, Opinion, November 16, 2023. Retired Judge James Brogan began his legal career in 1967 as an Assistant Prosecuting Attorney in Montgomery County. He was elected in 1980 and served five terms on the Ohio Second District Court of Appeals before retiring in 2011.


_____________________________________________________________________











Most viewed (Last 7 days)

Tibetan protesters executed for Lhasa riot killings

Tibetan exiles have reported the first executions of those convicted for rioting last year in Lhasa, with at least two people put to death in a rare implementation of capital punishment in the restive region. Two Tibetans convicted of arson and sentenced to death in April were executed on Tuesday morning in Lhasa, reported The Tibetan Centre for Human Rights and Democracy, which is based in the Indian town of Dharamsala—the home in exile of the Dalai Lama. It said that Lobsang Gyaltsen and Loyak had been sentenced to death for their part in setting fire to five shops in the Tibetan capital, killing seven people, in the riot that rocked Lhasa in March last year. Officials say that 21 people — including three Tibetan protesters — died in the violence, which embarrassed Beijing just as it was preparing to stage the Olympic Games and prompted a security crackdown across the Himalayan region. The body of Mr. Gyaltsen had been returned to his family and then submitted to a river burial—an un...

Two Germans to be caned, jailed for Singapore train graffiti

"Singapore: Disneyland with the death penalty" A Singapore court sentenced two Germans to nine months in prison and three strokes of the cane on Thursday after they pleaded guilty to breaking into a depot and spray-painting graffiti on a commuter train carriage. Andreas Von Knorre, 22, and Elton Hinz, 21, both expressed remorse while being sentenced in the state courts of the island republic. “This is the darkest episode of my entire life,” said Von Knorre. “I want to apologise to the state of Singapore for the stupid act ... I’ve learnt my lesson and will never do it again.” Hinz added: “I promise I will never do it again. I want to apologise to you, and my family for the shame and situation I’ve put them into.”  Both were dressed in prison uniform — a white T-shirt and brown trousers with the word “Prisoner” down the sides and on the back. They spoke to the court in English. Singapore sentences hundreds of prisoners to caning each year as part of a syst...

Indiana | ‘Dignity’ is a poor excuse for blocking press access to state executions

Indiana law says that the press has no right to be present when the state carries out executions. It limits those who can attend to the warden of the prison where the execution is carried out, immediate family members of the crime victim, no more than five friends or relatives of the convicted person, the prison physician, and the prison chaplain. Only if an inmate selects a member of the press as one of the five friends may they attend.

Iran: Delara Darabi has now been scheduled for execution

Delara Darabi has now been scheduled for execution, according to the Iranian newspaper Etemad on 18 April, according to another source on 20 April. She was convicted of murdering a relative when she was 17. Unless the Judiciary intervenes, she can now escape execution only if the woman’s entire family accept payment of diyeh, or blood money. One of the familly is said to be undecided. Iran is a state party to the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, which prohibit the use of the death penalty against people convicted of crimes committed when they were under 18. RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible: - expressing concern that Delara Darabi is in imminent danger of execution for a crime committed when she was under 18; - calling on the authorities to halt the execution of Delara Darabi immediately, and commute her death sentence; - reminding the authorities that Iran is a state part...

Florida | Former prison warden who oversaw executions urges corrections workers to not participate in them

Recently Florida carried out the execution of Dusty Spencer , a 74-year-old Marine veteran, for the murder of his wife, Karen, in 1992. It was the ninth Florida execution this year. For their own sake, I urge Florida’s corrections workers to refuse to carry out another one. Before you dismiss me as some soft lefty, you should know that I am an Air Force veteran. I voted for Ron DeSantis for governor twice—and for Donald Trump for president three times.

Iraq: Saddam Hussein Execution was Moved Forward Because of Gaddafi Rescue Plans, Judge Says

Saddam Hussein's execution on December 30, 2006 The execution of former Iraqi President Saddam Hussein was accelerated due to the belief that the then Libyan leader, Muammar El-Gaddafi, had a plan to rescue him from prison, Judge Mounir Haddad revealed today. Hadad, who presided over the trial of Hussein, revealed to the Al-Arabiya Satellite Channel Point of Order program new details of the trial against the former president and his last moments before being hanged, including the 'health and welfare' votes for the magistrate himself . According to his testimony, the application of the death penalty to Saddam Hussein was precipitated because authorities knew that El-Gaddafi - later murdered in 2011 - was allegedly trying to bribe US guards who guarded him to rescue him from prison. He added that, contrary to previous reports from the local and US press, former Iraqi President Jalal Talabani gave his 'implicit approval' for Hussein's execution, an...

As Idaho Reinstates Firing Squad, Volunteers Sought for Executions

The state becomes the first in the U.S. to make the firing squad the standard method of capital punishment Idaho is opening a new phase in the administration of capital punishment in the United States, returning to the firing squad as the default method of execution. The decision reintroduces a system that has been abolished or abandoned in most of the country and is now being reorganized through a formal and highly structured framework. The new death penalty protocol State authorities have begun recruiting volunteer law enforcement officers to take part in executions. The operational model includes three primary shooters assigned to carry out the execution, two alternates, and one operations coordinator. All participants will remain anonymous, known only to the prison warden and deputy warden.

Halfway through the year, Saudi Arabia has already executed nearly 100 people

Almost 100 people executed so far this year as dozens more remain on death row for drug-related offences Saudi Arabian authorities have executed nearly 100 people so far this year, including at least 61 for drug-related offences, the latest of which was on 18 June. In response, Dana Ahmed, Middle East Researcher at Amnesty International, said today: “It is halfway through the year and Saudi Arabia has executed nearly 100 people, a grim milestone exposing the authorities’ unconscionable and unlawful use of the death penalty. Of the 96 people put to death already in 2026, an astounding 61 were executed for drug-related offences; 39 of them were foreign nationals and 22 Saudi nationals.

Florida executes Dusty Ray Spencer

74-year-old man becomes oldest inmate executed in modern Florida history  A 74-year-old man convicted of fatally stabbing his wife became the oldest person executed in Florida’s modern history on Thursday, and the state is scheduled to execute another 74-year-old inmate next month.  Dusty Ray Spencer was pronounced dead at 6:10 p.m. following a 3-drug injection at Florida State Prison near Starke. Spencer was convicted of the 1992 stabbing death of his wife Karen. 

Iran: Prisoner of conscience Mohsen Amir Aslani hanged for ‘different interpretation of Quran’

Mohsen Amir Aslani NCRI - The Iranian Resistance calls on the UN High Commissioner for Human Rights and the Human Rights Council, as well as all international human rights organizations to strongly condemn the execution of prisoner of conscience Mr Mohsen Amir Aslani on charges of “corruption on earth; changing Islam’s principles and secondary laws; and new interpretation of Quran”.  It further calls for adoption of binding decisions against the growing number of arbitrary executions by the religious fascism ruling Iran. Mr. Amir Aslani, 37, who had been in prison since eight years ago, was once sentenced to four years in prison which was later commuted to twenty-eight months. However, as more fabricated charges were brought against him, the head henchman Judge Salavati condemned him to death. The Iranian regime has refraining from handing over the body of this prisoner to his family through stonewalling and offering contradictory answers to them. The execution...