FEATURED POST

'Express lane to death': Texas seeks approval to speed up death penalty appeals, execute more quickly

Image
Texas is seeking to speed up executions with a renewed request to opt-in to a federal law that would shorten the legal process and limit appeals options for death-sentenced prisoners.
Defense attorneys worry it would lead to the execution of innocent people and - if it's applied retroactively, as Texas is requesting - it could potentially end ongoing appeals for a number of death row prisoners and make them eligible for execution dates.
"Opt-in would speed up the death penalty treadmill exponentially," said Kathryn Kase, an longtime defense attorney and former executive director of Texas Defender Services.
But a state attorney general spokeswoman framed the request to the Justice Department as a necessary way to avoid "stressful delays" and cut down on the "excessive costs" of lengthy federal court proceedings.
Robbie Kaplan, co-founder of the #TimesUp movement, says sweeping changes to laws in recent years have dissuaded attorneys from taking on har…

Alabama Senate approves nitrogen gas as execution option

The Alabama Senate on Tuesday voted to offer condemned inmates the option to die by nitrogen suffocation, a method of execution untested on humans but which supporters argue might provide a more humane method of death than other methods.

The bill, sponsored by Sen. Trip Pittman, R-Montrose, passed the chamber 25 to 8 after majority Republicans ended debate on the measure. It goes to the House of Representatives.

Like other states, Alabama faces challenges carrying out executions by lethal injection, its main method since 2002. The state has struggled to obtain supplies of sedatives needed for the procedure, and the current drug used – midazolam – has been criticized for not providing sufficient sedation to protect against the pain of the remaining two drugs, which paralyze the muscles and stop the heart.

Media witnesses to the execution of Ronald Bert Smith last December said Smith gasped and coughed for 13 minutes after receiving midazolam; the execution took 34 minutes. Smith’s attorneys said it showed “he was not anesthetized at any point during the agonizingly long procedure.”

Nitrogen hypoxia would involve placing a mask on a condemned inmate, or putting the individual in a chamber. The oxygen available would be replaced by nitrogen, resulting in death. Oklahoma approved it as an alternative execution method in 2015. Mississippi recently approved it as an alternative method.

Pittman argued nitrogen hypoxia -- in which an inmate, covered with a mask or secured in a chamber, has their oxygen supply replaced with nitrogen -- could provide a more humane method of execution.

"It leads to quick unconsciousness, (and) death without any residual issues with carbon monoxide," he said.

While executions by gas chamber occurred until 1999, the method typically involved the use of hydrogen cyanide. As with other execution methods, gas became controversial for long or drawn-out executions; witnesses said Jimmy Lee Gray, executed by gas in Mississippi in 1983, was seen smashing his head into an iron bar to achieve unconsciousness.

Nitrogen hypoxia has been used to euthanize animals, though guidance from the American Veterinary Medical Association recommends it chiefly for birds and encourages the use of a sedative if used on larger animals. But no state has carried out an execution using the method.

“As with a number of the proposed execution methods, it will involve human experimentation,” said Robert Dunham, executive director of the Death Penalty Information Center in Washington, D.C., an anti-death penalty group. “It’s obviously unethical to conduct experiments. It has not been used in involuntarily taking someone’s life.”

The proposal is an option; under the law, the primary method of execution would remain lethal injection. Inmates can also choose death by electric chair. If all three methods were found unconstitutional, the bill authorizes the Department of Corrections to employ a constitutional method of execution, such as firing squad.

Democrats objected to the bill.

"The (method) that has been passed has not been tested . . . we don’t know what it’s gong to cost us," said Sen. Bobby Singleton, D-Greensboro.

Pittman's bill initially would have allowed inmates to choose death by firing squad, but Pittman replaced it in a Senate committee earlier this month, saying hypoxia would be more humane.

The bill requires the Alabama Department of Corrections to develop the methods of nitrogen execution.

The Senate also approved legislation sponsored by Sen. Cam Ward, R-Alabaster, that would require condemned inmates appealing their sentence to raise collateral issues like the effectiveness of counsel at the same time they make their direct appeal of their sentence. The collateral issues, known as a Rule 32 appeal, are currently raised after direct appeal. The effect of the change, if passed into law, would shorten the appeals process on death sentences.

Source: Montgomery Adviser, Brian Lyman, April 18, 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!

Most Viewed (Last 7 Days)

20 Minutes to Death: Record of the Last Execution in France

Iran: Execution Of A Sports Coach In Hamadan

Alabama set to execute 83-year-old for pipe bomb murders

Texas: Why This Judge Dreads Execution Day

Alabama executes Walter Moody

California death row inmate to be freed; no retrial planned

Vengeful Alabama to Kill 83-Year-Old Man

Aging death row: Is executing old or infirm inmates cruel?

Jeff Sessions: It's OK with feds if Alabama executes judge's killer

Iran: Juvenile Offender Mohammad Reza Haddadi at Imminent Risk of Execution