September 28, 2009
Ohio Supreme Court asked to stay next scheduled execution in wake of botched attempt
As detailed in this AP article, the Ohio death row inmate who is scheduled to be executed (for the first time) next week has today "asked the Ohio Supreme Court to delay his upcoming execution in light of problems with the state's last scheduled lethal injection." Here are the basics:
Attorneys for Lawrence Reynolds fileda motion with the state's highest court Monday, days after a similar filing with a federal appeals court.
Reynolds' execution scheduled for Oct. 8 would be the first since the state's unsuccessful attempt at putting Romell Broom to death on Sept. 15....
Reynolds' lawyers argue that Ohio's lethal injection system should be investigated before he goes to the death chamber.
UPDATE: This local coverage, headlined "Freeze on lethal injections sought: Courts are asked for a moratorium after IV problems," starts this way:
The ghosts of problem executions past combined with an aborted attempt two weeks ago are haunting state prison officials as death-penalty foes argue that Ohio's lethal injections should be halted, at least temporarily.
September 28, 2009 at 07:50 PM | Permalink
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The state should hire an anesthesiologist, licensed to open the arm to find a good vein or to inject into the heart. It should prosecute criminally anyone who tries to personally attack the anesthesiologist, including its own licensing board. If they start an investigation into participation in an execution, the license board members should be arrested, and put in stir.
Posted by: Supremacy Claus | Sep 28, 2009 8:46:24 PM
"The state should hire an anesthesiologist..."
Participating in an execution is an ethical violation for an M.D., you know that.
Posted by: JC | Sep 28, 2009 10:59:58 PM
No statute says that. Furthermore, physicians quietly dispatch thousands of terminal patients regularly. The hypocrisy is palpable. What is the difference in professional ethics between helping a suffering terminal patient go quietly and painlessly in dignity, and sparing the condemned 18 painful botched attempts by less trained and experienced people? For both, the time has come. For one, $10 million was spent to assure his due process rights were preserved. No terminal patient has ever had such state protection.
The execution is a lawful procedure. The stance of the AMA and of various licensing boards, calling participation unethical, seeks to overturn a law by a forced boycott. This is an insurrection against whatever constitutional article assigns the law making power to the legislature. It may be an intentional tort. It may be a violation of the Sherman Act, meeting the legal criteria for the conspiracy covered in that Act. It violates the separation of powers. A quasi-governmental organization, such as the AMA, dominated by left wing extremists, representing a minority of doctors, and an executive agency, such as a licensing board, have no ability to cancel a law, nor even to interfere with its carrying out.
The North Carolina SC explains the law to the NC medical license board in the decision linked to at the bottom of this article.
Posted by: Supremacy Claus | Sep 28, 2009 11:32:01 PM
Richard Cordray is the biggest asshole in Ohio. And there are a lot of other really big ones there without even having to leave Columbus. It's like Franklin County is one big bloated lower intestine.
Posted by: A-Non | Sep 29, 2009 11:53:04 AM
I just came across this but for what it's worth, I have an article coming out that supports some of the points "Supremacy Claus" is making here. See http://sentencing.typepad.com/sentencing_law_and_policy/2009/06/notable-new-paper-on-doctor-involvement-in-executions.html
Posted by: Ty Alper | Oct 7, 2009 10:54:56 PM