« Details on California's not-quite-complete prison population reduction plan | Main | Is Japan's death penalty now about to be killed? »

September 19, 2009

Specifics and predictions concerning stay of Ohio's effort to re-execute Broom

This local article, headlined "Inmate's execution delayed for 10 days," provides more of the details and debate surrounding Ohio's efforts to try to execution again Romell Broom after its botched first attempt:

A second attempt to execute condemned killer Romell Broom, who says he endured "torture" and cried in pain during the first aborted try, was delayed yesterday under an agreement between Broom's attorneys and the state....

The order expires at 11:59 p.m. Sept. 28. U.S. District Judge Gregory L. Frost has set a hearing for 9 a.m. that day to consider a request by Broom's attorneys for a preliminary injunction against the execution. Broom attorney Timothy Sweeney of Cleveland said yesterday that he doesn't expect the execution will go forward "any time in the near future."...

The Ohio Association of Criminal Defense Attorneys sent a letter to Strickland on Thursday calling for a moratorium on the death penalty, and the governor's office said it has received 30 calls and 110 e-mails mentioning a moratorium....

Cuyahoga County Prosecutor Bill Mason opposed delaying Broom's execution, saying Broom has not been subjected to pain greater than any other prisoner who had problems with an IV. He also cited the need for finality for the victims.

As detailed by this postat Crime & Consequences, Kent Kent Scheidegger is troubled not only with the stay but with how the Ohio AG is handling this matter:

[The stay is] not a surprise, but the Ohio AG is going to get the stay lifted, by the Supreme Court if necessary, right? No! They actually consented to it! "Attorneys for the state consented to the request for a delay from Broom's attorneys, who will argue that the pain Broom experienced during the aborted attempt violates a constitutional ban on cruel and unusual punishment."

And what is this horrible torture? "Broom told his attorneys he was pricked as many as 18 times Tuesday as prison staff tried to find a suitable vein."

Poor baby! He suffered 18 pinpricks!  Remember what this guy did. "Broom was convicted in the 1984 rape and murder of a 14-year-old girl after abducting her at knifepoint while she was walking home from a football game with friends." Instead of calling the pinpricks the preposterous basis for further delay that it is, the Ohio AG consents?!  What are they smoking?

For anyone eager to keep up with all of the particulars, be sure to check out this great page at Lethal Injection.org, which has posted a lot of the legal papers and commentary surrounding the Broom case.

Related posts on botched Broom execution attempt:

September 19, 2009 at 10:08 AM | Permalink


TrackBack URL for this entry:

Listed below are links to weblogs that reference Specifics and predictions concerning stay of Ohio's effort to re-execute Broom:


The Ohio AG could just be under-compensating for the batshit crazy 6th circuit. Just like CA is defiant in the 9th over the prisons. Kent Kent needs to remember the 8th amendment applies regardless of the nature of the crimes.

Posted by: . | Sep 19, 2009 1:36:07 PM

What is so fascinating about Nancy Grace is that she is blatant in her contempt of the Bill of Rights. In that sense she exposes the nationwide propaganda machine, which is usually more subtle. Particularly amusing are the experts who claim without a professional examination that every suspect is a narcissist/psychopath and therefore not capable of empathy. These animals minimize by saying their attempt to kill was merely a prick.

Posted by: George | Sep 19, 2009 2:09:52 PM

Does contract law apply to the death penalty, or something? If you fail to perform the execution properly, I no longer have to die? No the execution is for the death of the victim, and competent performance is irrelevant. The discomfort of ordinary medical procedure is not cruel and unusual punishment. A big boss of death penalty appellate business in Cali showed me her black blue arm at a party, where technicians had dug around for her blood. She did not seem the worst for wear. An execution is still owed this murderer. He should be forced to lift weights to make his veins bigger, in the meantime.

Posted by: Supremacy Claus | Sep 19, 2009 8:01:24 PM

And if he don't want to lift weights SC what are we going to do? Kill him?

Posted by: Daniel | Sep 19, 2009 10:32:19 PM

Trade 4 hours of weight training for something he wants, such as visits.

Posted by: Supremacy Claus | Sep 19, 2009 11:09:06 PM

I learn much by reading Kent Scheidegger's stuff. For instance, I'd never realized the Eighth Amendment regulates the manner of execution on a sliding scale.

For my part, I think subjecting the condemned to the equivalent of eighteen rounds of Russian Roulette is probably something we don't want to get too used to.

Posted by: Michael Drake | Sep 21, 2009 2:14:31 PM

When you are making the AG of Ohio (Texas of the North!) look like a criminal-hugging law-and-order dove, it may be time to consider your position vis a vis the mainstream of public/legal opinion.

Posted by: Observer | Sep 22, 2009 2:26:01 PM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB