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January 26, 2012

Another Ohio execution postponed due to execution protocol issues

As reported in this local article, headlined "Execution postponed for Ohio man in arson death," the on-going litigation over how Ohio conducts lethal injections has led to the postponement of another scheduled execution date.  Here are the details:

Another Ohio execution has been postponed as state prison officials continue refining lethal-injection protocol to meet a federal judge’s requirements.

With the concurrence of Ohio Attorney General Mike DeWine, U.S. District Judge Gregory L. Frost today issued an order halting the scheduled Feb. 22 execution of Michael Webb, of Clermont County.  Frost also permitted Webb to join a number of other death penalty defendants who are contesting the state’s lethal injection protocol.

DeWine personally participated in a conference call with Frost on the case yesterday, “We felt we had no choice,” DeWine said in an interview. “We’re not going to carry out another execution without it being perfect.”

He said the Department of Rehabilitation and Correction has made “great progress” in refining lethal injection procedures,  “but we’re not quite done with that.”

Frost issued a decision earlier this month that included a scathing criticism of the state for failing to follow its established procedures in the Nov. 15 execution of Reginald Brooks at the Southern Ohio Correctional Facility near Lucasville. He called it a “curiously if not inexplicably self-inflicted wound."

Webb, 63, of Goshen, Ohio, was convicted and sentenced to death for setting fire to the family home, causing the death of his son, Mikey, 3½. Webb contends his is innocent and that someone else ignited the deadly arson fire.

DeWine said the state will continue its appeal to the U.S. Supreme Court in the case of Charles Lorraine, a Trumbull County killer whose Jan. 18 execution was postponed by Frost due to the lethal injection debate.  “These are constitutional issues that have to be pursued,” DeWine said.  “Our procedure is constitutional.”

The statements reported here from Ohio AG DeWine strike me a bit peculiar.  These statements suggest to me that the Ohio officials are right now actively refining its lethal injection procedures, and are making “great progress” in those refinements, but are "not quite done" and will not "carry out another execution" until the process is "perfect."  If this is, in fact, an accurate report of what the state is doing and its plans, I do not quite understand why the state should be pursuing its appeal of the January 18th stay of Charles Lorraine's execution. 

In short, DeWine seems to be saying that the state is responding to the concerns expressed by Judge Frost.  This, in turn, which would seem to counsel just returning to Frost to ask him to vacate the stay once the state gets done with its refinements rather than seeking to have the Supreme Court lift a stay which was concerned with an old (and now-refined) Ohio lethal injections protocol.   Very curious.

Some related posts concerning Ohio's recent lethal injection litigation: 

January 26, 2012 at 03:41 PM | Permalink


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Dewine was a wuss when he was a Senator, and he is one now as AG. He should not have agreed to this. He needs to be going after Frost with full salvoes. The victim's family deserves a voice; instead, because Dewine wants to play along with a hack judge, they get to wait another year or two.


Posted by: federalist | Jan 26, 2012 4:58:04 PM

federalist, it's amazing how everyone who disagrees with you is either a hack or a wuss. You'll just have to put away your knitting needles for a while. But don't despair; I'm sure another cart will come rolling by soon.

Posted by: Dave from Texas | Jan 26, 2012 6:52:36 PM

DeWine knows exactly what he is doing. He simply made sure that Webb is a party to the lethal ijection lawsuit. A defense lawyer (Dewine is the defense lawyer in this scenario)who is on the ball wants as many potential plaintiffs as possible in the case so that when the Supremes decide to bring the hammer down in favor of the state the ruling covers them all i.e., res judicata and collateral estoppel kick in to severely limit future litigation by the putative plaintiffs.

Posted by: ? | Jan 26, 2012 7:55:42 PM

An AG that doesn't fight hard for victims' families is a wuss.

Oh well, a murderer got some final justice today in Texas.

Posted by: federalist | Jan 26, 2012 8:09:15 PM

A recent study found

"Socially conservative ideologies tend to offer structure and order," Hodson said, explaining why these beliefs might draw those with low intelligence. "Unfortunately, many of these features can also contribute to prejudice."


Posted by: Breaking News | Jan 26, 2012 8:26:37 PM

Yup, we dummy conservatives. We are smart enough, however, to know our limitations. And we see obvious things, like high-speed rail is nuckin' futs.

Posted by: federalist | Jan 26, 2012 9:51:48 PM

federalist --

You gotta love a guy who puts up a link to a "study" finding that conservatives are stupid, while not even attempting to make an argument about the subject of this thread, or any other.

Far out.

Posted by: Bill Otis | Jan 27, 2012 3:08:44 AM

Bill, when libs engage in self-parody, I just step back and chuckle. Libs may be smarter than conservatives--last I checked though, there weren't too many conservative analogs to idiots wearing Che Guevara t-shirts or those who swallow whole idiotic twaddle like the oceans will stop their rise and the earth (or was it Gaia) would heal simply because some self-important effete urban liberal got a major party nomination.

The real problem with libs, though, is not stupidity, but conceit. The idea that a controlled society is the way to utopia. I may be a dumb guy, but I'm smart enough to know that Adam Smith got it 100% right when he asked whether it is better to rely on the kindness of strangers' hearts for subsistence or whether it was better to rely on another's self-interest for subsistence. Why this bit of obvious truth escapes the keen mind of liberals is beyond me. (For libs who cannot see the connection between less control over society and reliance on others' self-interest, I'll give you a hint--the less control over society exercised by the government, the more opportunity for the inherently more reliable means of providing goods for everyone to flourish.)

Posted by: federalist | Jan 27, 2012 3:42:25 AM

Send armed state troopers to escort this pro-criminal biased federal judge out of the state. Meanwhile, all service and product providers boycott this feminist running dog. When he calls for a medical appointment or the delivery of a tuna fish sandwich, just reply, these have not been perfected yet and have been postponed.

Posted by: Supremacy Claus | Jan 27, 2012 3:49:03 AM


Listen, Bill...Ya know I'm with ya with the killin' stuff. 60/24/7/365 - from here to eternity, OK?

But when it comes ta killin', ah gotta say ah do think it's important ta do it the right sorta way - with appropriate precise adherence to ritual, and full attention ta detail. Otherwise... there ain't satisfaction in a job not well done.

This is kid stuff, Bill.

When it comes to quality needlework, I learnt everthin’ I knew jus a sittin' on my Grammommy's knee, watchin' her knit me a pair o' yarn booties. Ya know them booties, Bill?

And while she was a there a bouncin' me on her knee, needlin' away, she'd sing me a little song:

Knit 1, jab it here
Pearl 2, poke ‘im there
When ya get him on the table
Don’t ferget to check the labels!
When he’s ready, spread the curtain
Poke 'im agin’, just fer certain

So much better than the chair...Jus’ avoid the vacant stare

So anyway, Bill, there are legacy concerns here...A matter of tradition and patriotic sorta tribute to yer kindred spirits. Ya gotta kill 'em right in the first place...Otherwise, ya end up with a big mess ta clean up afterwards.

You know how yer momma didn't like ya makin’ big messes, Bill?

Posted by: Al Ammo | Jan 27, 2012 1:11:24 PM

Al Ammo,

Your approach to Bill Otis resembles the hapless assault of the Polish calvary
on the German panzers in 1939.

Posted by: Adamakis | Jan 27, 2012 10:07:18 PM

Al: You're drunk.

Posted by: Supremacy Claus | Jan 27, 2012 11:10:40 PM

Adamakis and SC --

I think it's probably nothing more than an example of what happens when you want to make an argument but don't have one.

Posted by: Bill Otis | Jan 27, 2012 11:26:36 PM

Al Ammo, your schtick has never been amusing in the slightest. Why not give it a rest and just make your points without the feeble attempts at comedy?

Posted by: alpino | Jan 28, 2012 4:02:24 AM

Alpino: Thanks for your mountains of wisdom about humor.

Supremacy Clause: You wouldn't know a drunk person even beforehand because you are arguably insane.

B.O.: Good no argument response.

Adamakis: Thanks for the one good response - likening Otis to a piece of 1939 Nazi paraphernalia. Your only mistake is to not recognize how outdated that is in 2012.


Posted by: Al Pino | Jan 28, 2012 3:12:14 PM

Al Pino: Where did you attend Junior High School? I want to hunt down your English teacher. Beat their ass, to borrow a phrase.

Posted by: Supremacy Claus | Jan 29, 2012 1:12:49 AM

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