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)

Florida | Former warden recalls botched electrocution that left him battling PTSD for 13 years and turned him into an abolitionist

Ron McAndrew anticipated it would be just another standard execution. He had been assigned to carry out the death of Cuban refugee Pedro Medina via electric chair within the confines of Florida State Prison. Fifteen years had passed since Medina's conviction for the murder of 52-year-old Dorothy James, and McAndrew's responsibility was to oversee the administration of lethal electrical currents to his brain. Having already supervised two previous executions using the identical procedure and raised in a community that strongly supported capital punishment, he expected a swift conclusion with justice delivered.

Two Executions In Six Hours: Florida Set For Historical Double Execution Tuesday

Florida is preparing to execute two death row inmates on Tuesday, July 28, in an action that would mark the state’s first double execution in more than 60 years. Former police officer James Duckett, 68, is scheduled to die by lethal injection at 12 p.m., followed six hours later by 80-year-old Dominick Occhicone at 6 p.m. If carried out, these will mark the 39th and 40th executions under Gov. Ron DeSantis and the 11th and 12th in the state since the beginning of 2026. In response, Floridians for Alternatives to the Death Penalty (FADP) has launched petition and letter-writing efforts asking DeSantis to halt both procedures. The group has organized two public vigils outside Florida State Prison in Raiford, set for 11 a.m. and 5 p.m., contingent on whether stays are issued.

Florida executes Dominick Occhicone

Florida executes 2 men in a day. Republican Gov. Ron DeSantis has made Florida's death chamber the nation’s busiest at the end of his final term.   STARKE, Fla. — Florida on Tuesday became the first state in nearly a decade to carry out two executions in a single day, the last an 80-year-old man who was the second-oldest inmate known to receive a lethal injection in modern U.S. history. Hours earlier, the state executed a former police officer convicted of killing a young girl.

Florida executes James Duckett

Double execution: 1st of 2 inmates is put to death in Florida Florida has executed James Duckett, a 68-year-old former cop convicted of killing an 11-year-old girl in 1987. The state is set to execute an 80-year-old man 6 hours later for a 1986 murder.  Florida carried out the 1st double execution in more than 60 years, executing former police officer James Duckett and later scheduling the execution of 80‑year‑old Dominick Occhicone, amid Governor Ron DeSantis’s aggressive push to increase death penalties in the state.  Florida has put to death the 1st of 2 inmates in the state's 1st double execution in more than 60 years amid an aggressive death penalty push by Gov. Ron DeSantis. 

North Korea | 'I was only 9': North Korean defector recalls childhood memory of public execution

Kim Eun-joo was 9 years old when her teacher stopped their lesson and told the class to follow her outside. The children were marched to a public execution ground in North Korea. “I would cry even when our family dog died,” Kim said in a recent interview with The Korea Times. “But the first time I watched humans killing a human, I had no words for what I was feeling. It was the most brutal scene I have ever seen, in any movie or in real life.” The memory has stayed with her ever since. Now a human rights advocate after defecting from North Korea, Kim recently brought that childhood scene to the 9th World Congress Against the Death Penalty in Paris, where North Korea’s use of public executions and capital punishment was officially placed on the agenda for the first time.

USA | What happens in the final weeks before an execution? These reporters were inside the room.

The journalists behind ‘The Last 12 Weeks’ earned extraordinary access to a death penalty defense team—and faced difficult ethical choices Many defense lawyers are naturally cagey. They work in a pressure cooker, protecting their clients’ rights while fighting for the best possible outcome. And arguably, the stakes can’t get any higher than trying to save a client’s life. So no, defense lawyers don’t usually invite journalists into strategy meetings. But that’s what happened when Marshall Project reporter Maurice Chammah and Serial Productions senior producer Alvin Melathe spent the final few months before a Texas execution embedded with a capital defense team.

Florida | 49 years on death row, killer of Bonita Springs teen learns death date

A Fort Myers man on death row for nearly five decades learned his execution date as Gov. Ron DeSantis signed his order Thursday, July 30. Harold Gene Lucas, then 24, shot and killed his 16-year-old girlfriend, Anthia Jill Piper in Bonita Springs on August 14, 1976. Lucas was 24 when he was charged in Piper's shooting death at her parents' home on Aug. 14, 1976. The execution is set for Sept. 1 in a state that has accelerated its pace under DeSantis the past two years, with a record of 19 executions in 2025. Piper was shot seven times by Lucas, who claimed to be intoxicated.

Iran erects iron gallows in Isfahan protest square

An iron gallows has been erected in an Isfahan square where protests erupted in January. Families of several of the 10 remaining prisoners sentenced to death have been summoned for farewell visits. An iron gallows erected in Ali-Khani Square in the central Iranian city of Isfahan has raised fears that the regime is preparing to publicly execute protesters arrested during nationwide demonstrations in January. Sources who spoke with Iran International said large numbers of security forces had been deployed in the area, while the families of several prisoners sentenced to death had been summoned to the prison for farewell visits.

19 July 1943 | Auschwitz's Largest Public Hanging: 12 Polish Prisoners Executed in Escape Reprisal

OSWIECIM, Poland — The SS carried out the largest public hanging in Auschwitz history on July 19, 1943, executing 12 Polish prisoners before other inmates as collective punishment for escapes and civilian contacts. The victims, all from the camp’s surveyors’ labor unit, were hanged on gallows built in front of the camp kitchen during an Auschwitz I roll call. The SS orchestrated this reprisal following prisoner escapes from the surveyors’ detail and unauthorized communication between inmates and civilians. Camp authorities used the recent escapes as a pretext to impose collective punishment.

Former Florida cop to be executed on same day as 80-year-old Pasco man

In an unprecedented move in the modern history of capital punishment, Gov. Ron DeSantis on Tuesday cleared the way for 2 executions to occur on the same day.  DeSantis reset the execution of James Duckett, whose execution earlier this year was stayed amid efforts to secure DNA testing and analysis of evidence in his case.  Duckett’s execution was reset for July 28. That is the same day previously set for the execution of Dominick Occhicone.  Court records indicate that Duckett’s execution is scheduled for noon. Occhicone’s is set to follow at 6 p.m.