Ohio

Ohio

As Legitimate Market for Execution Drugs Dries Up, States' Secret Execution Practices Become Increasingly Questionable

Pfizer's recent announcement that it was tightening controls against what it calls the misuse of its medicines in executions highlights an on-going struggle between states desperate for execution drugs and a medical community that believes its involvement in the lethal injection process violates its medical and corporate missions and the ethical standards of the pharmaceutical and health professions. As Pfizer and nearly two dozen other pharmaceutical companies have ended open market access to drugs potentially used in executions, states have responded by increasingly shrouding the execution process in secrecy. The states "are mainly concerned about losing their providers of lethal-injection drugs should the companies’ names become public," says Linc Caplan in a recent article in The New Yorker. Otherwise, "companies that do not want their products associated with executions will know that their drugs are being used." He reports that since the Supreme Court upheld Kentucky's execution protocol in 2008, 20 states have responded to drug shortages by abandoning protocols that had been substantially similar to Kentucky’s, making "unfettered substitutions" to their protocols in "desperate attempts to adhere to their execution schedules.” Caplan reports that States "have also been increasingly misleading in their efforts to obtain drugs for executions." He cites documents showing that one Ohio official urged state drug purchasers to identify themselves as from the Department of Mental Health and warned they should "not mention anything about corrections in the phone call or what we use the drug for." Louisiana similarly obtained execution drugs from a local hospital, which mistakenly assumed they were needed for medical use. Last week, an Oklahoma grand jury report described that state's secrecy practices as producing a "paranoia" that "clouded [prison officials'] judgment and caused administrators to blatantly violate their own policies." An article by Chris McDaniel in BuzzFeed after the release of that report documented that the same secrecy and lack of oversight criticized by the Oklahoma grand jury is common in other states, and has contributed to execution problems in Missouri, Georgia, and Ohio. Arizona and Missouri paid executioners in cash, and Missouri's mismanagement of that fund likely violated federal income tax law. Missouri's secrecy, McDaniels writes, also "allowed it to purchase execution drugs from a pharmacy in Tulsa, Oklahoma, that was not licensed in Missouri and had questionable pharmaceutical practices." Other states, like Texas and Arizona "have used the secrecy to purchase drugs illegally," he reports. 

STUDIES: Ohio Executions Reveal Vast Racial, Gender, and Geographic Inequities

"Ohio’s death penalty is plagued by vast inequities" grounded in race, gender, and geography, according to a new University of North Carolina study. UNC-Chapel Hill political science professor Frank Baumgartner examined the 53 executions Ohio has conducted since resuming capital punishment in the 1970s. His study found "quite significant" racial, gender, and geographic disparities in Ohio's executions that, Baumgartner said, "undermine public confidence in the state’s ability to carry out the death penalty in a fair and impartial manner." The data showed that Ohio was 6 times more likely to execute a prisoner convicted of killing a white female victim than if the victim was a black male. Although 43% of Ohio murder victims are white, 65% of Ohio executions involved the murder of white victims. Similarly, while only 27% of Ohio murder victims are female, 52% of all executions involved cases with female victims. The study also discovered significant geographic disparities in Ohio executions. More that half of the state's executions were concentrated in just 4 counties, while more than 3/4 of Ohio counties have not produced any executions. Lake County had an execution rate that was 11 times the statewide average. Although the state's three most populous counties (Cuyahoga, Franklin, and Hamilton) have similar murder rates, Hamilton's .60 executions per 100 homicides was more than double the rate in Cuyahoga and nearly 9 times that in Franklin. Sharon L. Davies, Executive Director of the Kirwan Institute for the Study of Race and Ethnicity at The Ohio State University, said that the "race or gender of a victim, and the county of the crime, should not influence who is sentenced to die" and urged "Ohio citizens and lawmakers[to] review the findings of this important research." (Click image to enlarge.)

Ohio Capital Murder Indictments Plummet 77% in Five Years

Capital murder indictments have plummeted and life sentences risen sharply in Ohio over the past five years, according to a report by the Cleveland Plain Dealer. The newspaper's examination of Ohio prison and other public records revealed that capital indictments in the state have dropped by 77% since 2010, mirroring national trends. Prosecutors are far more likely to seek a sentence of life without parole in cases in which they once would have pursued the death penalty. The paper also reports that the number of inmates sentenced to life without parole has skyrocketed by 92% since 2010. Among other factors, changes in District Attorneys, reduced public support for the death penalty, and consideration of costs and the impact of capital proceedings on the families of murder victims have led to fewer death penalty cases. The difference in Cuyahoga County (Cleveland) is particularly striking: since prosecutor Timothy McGinty became district attorney in 2012, the office has sought death in fewer than 7% of eligible cases. Under McGinty's predecessor, Bill Mason, the office sought death in 78% of eligible cases. McGinty instituted an internal review committee to examine each death-eligible case and determine whether to seek a death sentence. He said, "In every case, I have to ask, 'Are we going to survive this?' We have to take a case to a judge and jury and then face 25 years of appeals. Is it fair to families of victims? Is it fair putting them through a quarter century of appeals?'' (Click image to enlarge.)

30 Years After His Death Sentence, Exoneree Derrick Jamison Fights for Those Still on Death Row

Derrick Jamison was exonerated from death row in Ohio on October 25, 2005, 20 years to the day after he was sentenced to death in Hamilton County (Cincinnati). On the 30th anniversary of his sentencing and the 10th anniversary of his release, a Salon profile describes the work Jamison now does to educate people about the risks of wrongful conviction. Jamison (pictured in front of Chillicothe Correctional Institution, the home of Ohio's death row) was sentenced to death during the period in which Ohio capital prosecutions were at their peak. Between 1981 and 1992, Hamilton County handed down 26 death sentences, more than 18 death penalty states did during the same period. Jamison did not fit the eyewitness descriptions of the men who committed the murder, and police withheld evidence that a key witness had identified two other men as the perpetrators. In exchange for a reduced sentence, a man who had been charged as an accomplice in the killing falsely testified that Jamison had committed the murder. Jamison faced six execution dates, and on one occasion came within 90 minutes of execution before being granted a stay. He has received no restitution or financial support for his 20 years of wrongful imprisonment, 17 of which he spent on death row. In the decade since his exoneration, Jamison has traveled the world telling his story, from his wrongful conviction to the six stays of execution. He says, "I'll fight 'til my knuckles bleed for others on death row."

Former Ohio Supreme Court Justice Seeks Ban on Death Penalty for Severely Mentally Ill Defendants

Former Ohio Supreme Court Justice Evelyn Lundberg Stratton (pictured) testified in state legislative hearings on October 14 that Ohio should ban use of the death penalty against defendants who suffer from serious mental illness when they commit a capital crime. Stratton, a Republican who was appointed to the court in 1996 and served, following reelection, until 2012, called the death penalty "inefficient, ineffective and a great burden on our society." Stratton said that the U.S. Supreme Court has barred the execution of juveniles and people with intellectual disabilities because of their reduced culpability.  She told the Ohio Senate Criminal Justice Committee that people with serious mental illnesses have similarly reduced culpability. "Do we as a society say we want to execute someone who has diminished capacity and mental Illness?" Stratton asked the committee. Last year, the Ohio Supreme Court Joint Task Force on the Death Penalty issued 56 reform recommendations, including a ban on executing those with serious mental illness. Stratton said the bill would apply to defendants diagnosed with such serious mental illnesses as schizophrenia, bipolar disorder, and depressive and delusional disorders. The bill has bipartisan sponsorship and is also supported by the National Alliance on Mental Illness.

Death Row Exonerees Meet in Ohio, Call for Abolition of the Death Penalty

A group of death row exonerees, including Kwame Ajamu (pictured), held a press conference in Cleveland on October 9 in which they called for the end of the death penalty. Ajamu - the nation's 150th death-row exoneree - was freed from Ohio's death row in 2014 along with his brother, Wiley Bridgeman, and another man, Ricky Jackson. The three had been convicted 39 years earlier on the testimony of a 12-year-old boy who later recanted, saying he had been pressured by police. "We hope that we can end this atrocity today. We hope that tomorrow's newspapers would say that there's no more death penalty.... If there's anything that I would beg for this country, for this world to listen to is the heartfelt cries and pleas of myself and fellow comrades who have been exonerated from death," Ajamu said. He was one of about 20 exonerees who appeared at the event, which was organized by Witness to Innocence, a national organization of death row exonerees. State Representative Nickie Antonio, who has introduced a bill to abolish the death penalty, said, "The best reform is to abolish capital punishment and replace it with a sentence of life without parole. It is time to execute justice, not to execute people."

Amid Unavailability of Lethal Injection Drugs, States Push Legal Limits to Carry Out Executions

"Over time lethal injection has become only more problematic and chaotic,” Deborah W. Denno, a professor at Fordham Law School, told the New York Times, summarizing the ongoing battles that have led states to adopt new drug sources or alternative methods of execution. Several states have obtained or sought drugs using sources that may violate pharmaceutical regulations. For the execution of Alfredo Prieto, Virginia obtained pentobarbital from the Texas Department of Criminal Justice, which purchased it from a compounding pharmacy whose identity is shielded by the state's secrecy law. "Even if the transactions between states do not comply with law, there is no recourse for death-sentenced prisoners," said Megan McCracken, an expert in lethal injection at the Death Penalty Clinic at the University of California, Berkeley, School of Law. Both Nebraska and Ohio received warnings from the Food and Drug Administration that their attempts to purchase sodium thiopental from overseas suppliers violated federal law regarding the importation of drugs. Oklahoma executed Charles Warner in violation of its own execution protocol, substituting an unauthorized chemical, potassium acetate, for the potassium chloride its regulations require. Other states have turned to alternative execution methods: Tennessee reauthorized use of the electric chair, while Oklahoma passed a bill to make nitrogen gas asphyxiation its backup method. Louisiana prison officials also recommended using nitrogen gas, but the state has not taken action on that recommendation. The scramble for lethal injection drugs has delayed executions across the country. A challenge to Mississippi's protocol has halted executions until at least next year. A Montana judge put executions on hold because the state's proposed drug cocktail violated state law, and either the drugs that comply with state law are not produced in the U.S. and may not be imported or the manufacturer refuses to sell the drug for executions. In Oklahoma, the Attorney General requested an indefinite hold in order to review lethal injection procedures after the state obtained the wrong drug for the execution of Richard Glossip.

Ohio Warned Not to Import Execution Drug

A Food and Drug Administration letter to the Ohio Department of Rehabilitation and Correction indicated the state was considering importing sodium thiopental from overseas for use in executions. The letter warned the department that importing the drug would violate federal law: "Please note that there is no FDA approved application for sodium thiopental, and it is illegal to import an unapproved new drug into the United States." A similar letter was sent to Nebraska officials after the state spent over $50,000 in an attempt to obtain lethal injection drugs from a source in India. All executions were put on hold in Ohio after the botched execution of Dennis McGuire in 2014, as the state has pursued a new execution protocol. The potential foreign supplier was not revealed because Ohio, like many other states, keeps the identity of execution-drug suppliers secret.

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