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April 29, 2014

Ohio concludes condemned murderer experienced no pain during troubled execution

As reported in this Columbus Dispatch article, headlined "Inmate did not experience pain during execution, report says; State to continue using same drugs but in higher doses," a three-month investigation of a seemingly problematic Ohio execution has led the state to conclude on a tweak in the execution protocol is needed. Here are the details:

Ohio prison officials will use the same drugs, but in much higher dosages, as those used in the troubled execution of Dennis McGuire on Jan. 16. A report issued yesterday by the Ohio Department of Rehabilitation and Correction concluded that McGuire “did not experience any pain or distress. The massive doses of drugs given to McGuire rendered him unconscious before any of the irregular bodily movements were observed.”

Witnesses observed that McGuire, 53, gasped, choked, clenched his fists and appeared to struggle against his restraints for 10 minutes after the administration of two drugs, midazolam and hydromorphone, before being pronounced dead at the Southern Ohio Correctional Facility near Lucasville. It was the first time that those drugs were used in an execution in the United States.

The prison review said McGuire’s reactions were “consistent with the effects of the drugs, his obesity and other body characteristics, and involuntary muscle contractions associated with the ending of respiratory function.” The report concluded: “DRC is confident that Inmate McGuire was not conscious beginning a few minutes after the drugs were administered. He did not experience pain, distress or air hunger after the drugs were administered or when the bodily movements and sounds occurred.”

However, because of concerns about McGuire’s execution, the agency will boost the dosage of midazolam, a sedative, to 50 milligrams from 10 milligrams, and increase the dosage of hydromorphone, a powerful painkiller, to 50 milligrams from 40 milligrams. In addition, the revised policy calls for having a third syringe ready containing 60 milligrams of hydromorphone; other syringes will be prepared and available “if needed.”

The next execution, of Arthur Tyler of Cuyahoga County, is scheduled for May 28.

McGuire was executed for the murder of 22-year-old Joy Stewart in 1989. The condemned man’s attorneys warned in advance that using the two drugs might result in “air hunger” as his body struggled in the final death gasps. State officials dismissed that claim at the time and in yesterday’s report.

Some recent related posts on Ohio's recent controversial execution:

April 29, 2014 at 09:25 AM | Permalink


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But was he innocent according to Peter et al?

Here’s the truth on #9 of your 19 “innocent” gits, so unshakably guilty, that a life-long pot-head could discern it, maybe:
in North Carolina:
David Junior Brown

--- “Finally, the autopsy of Diane Chalflinch revealed Brown's distinctive silver ring underneath her liver.” ---147 F.3d 307

Gov. Hunt denies clemency in Brown case
RALEIGH –As the North Carolina Supreme Court wrote, the 'evidence of [Brown's] guilt was overwhelming.” ---AP Nov. 17, 1999

The Nose on Your Face #1-10+
¬¬¬The victims in this case were Shelly Diane Chalflinch, twenty-six, and her nine-year-old daughter, Christina. They lived in the same apartment complex as Brown,
Both Diane and Christina had been repeatedly stabbed to death. Diane Chalflinch had approximately 100 stab and cut wounds. Christina's [9-yr-old] body also bore
multiple stab wounds, including several in the head, and a brown electrical cord was wrapped around her neck. Blood was on the floor and the walls.

Several pieces of physical evidence connected Brown to the murders.
 A fingerprint expert identified a latent palm print on Diane Chalflinch's bedroom wall as that of Brown's left palm print.
At the door to Brown's apartment, visible bloodstains were found on the concrete stoop. The luminol test indicated the presence of blood on Brown's doorknob
and bare footprints of blood all over his kitchen floor. There was a drop of blood on Brown's toolbox, which contained several knives, and on a pillow at the head of his bed. ... blood outside the Chalflinches' front door … on the steps leading down from their apartment, and on the concrete pad at the foot of the steps.”

 In the Chalflinches' apartment, police found a bloody knife blade, broken at both ends, with the inscription "R. H. Forschner" printed on it. Brown's toolbox,
seized by police from his apartment, contained a collection of knives bearing the inscription "R. H. Forschner." According to the evidence developed at the
federal evidentiary hearing, Forschner knives are rare, imported, professional chef's knives which Brown used in his work as a cook at the hotel.

 A co-worker testified that she saw Brown at work at 7:00 a.m. with two band-aids on his left thumb, and that Brown was not wearing his distinctive silver ring.
 A nurse at a nearby hospital testified that she saw Brown at the hospital on Monday night at 11:00 p.m., at which time he was recovering from surgery
to repair cut tendons in his left hand.
 Finally, the autopsy of Diane Chalflinch revealed Brown's distinctive silver ring underneath her liver.

Posted by: Adamakis | Apr 29, 2014 12:07:36 PM

Oh yeah, and regarding "innocent" David Junior Brown of NC:

Really sorry objections
Objection #1 | Amnesty International |
David Junior Brown, black, is scheduled to be executed by the state of North Carolina on 22 January 1999. He was sentenced to death in 1980 for the murder of
Diane Chalflinch, white, and her nine-year-old daughter.
Amnesty International is not in a position to know whether Brown (who has no previous record of violent behaviour) is innocent or guilty of the murders. However…
While there is other evidence against Brown, most of it appears to be circumstantial and could be plausibly explained in other ways. … The District Attorney (DA)
prosecuting the case appears to have obstructed the defence attorneys …”

Objection #2 | Canadian Coalition Against the Death Penalty | ``We believe this is the first time in North Carolina history when a person is this close to execution
where a jury hasn't heard evidence of innocence,'' said one of his attorneys, Henderson Hill of Charlotte.

• Call it murder B Y P A T R I C K O ' N E I L L David Junior Brown was "a man executed innocent," Rivera said. "I knew this man. I knew this man's heart. He was innocent.
He didn't have the chance I had." -- Canadian Coalition ...

• Chris Fitzsimon of the Common Sense Foundation led the crowd in a chant: "It's all about class. It's all about race. Executions are a total disgrace." -- Canadian Coalition ...

Objection #3 In the moments before he was rolled into the death chamber, Brown made a final statement to Lee.
"O Allah, O Allah, condemn and lay curse upon the killers of Dawud Abdullah Muhammed. Cursed be the people who did injustice to me and
cursed be the people who heard this and were pleased with it." -- http://ccadp.org/davidjuniorbrown.html
Brown, who was 51, changed his name in prison after his conversion to Islam.

Objection #4 “Lawyers also said Brown was too intoxicated to be capable of the killings.” -- AP, November 16, 1999

Objection #5 Brown alleges three instances … Our review of these contentions, however, demonstrates that in none of these cases was Brown deprived of information
that would have yielded a different result at his trial. First, … that Diane and her daughter were in his store, in the company of a large woman, in the early morning
… Second, Brown mentions David Martin … The State points out, however, that David Martin was seen in Macon, Georgia, where he attended law school,
during the time … and there is no reason to suspect that he was the perpetrator … -- 147 F.3d 307

Objection #6 Brown, the appellant, claims that allowing the State to introduce this confession at the penalty phase, when it did not introduce it during the guilt phase,
violated his rights … The North Carolina Supreme Court rejected this claim on direct appeal.
The court held that the confession was probative evidence to rebut the evidence submitted by Brown … -- 891 F.2d 490

Posted by: Adamakis | Apr 29, 2014 12:19:43 PM

but of course they did! he could have layed there screaming for an hour after it and they would STILL have said this.

Posted by: rodsmith | Apr 29, 2014 4:32:26 PM

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