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.

One Year After Botched Execution, Many States Still Haven't Resumed Executions

On July 23, 2014, Arizona's execution of Joseph Wood was botched, taking nearly two hours from the time the state began injecting him with lethal drugs until he was finally pronounced dead. Witnesses reported that Wood gasped more than 640 times during the course of the execution, and an official report later revealed that he was injected with 15 doses of the execution drugs. Michael Kiefer, a reporter for the Arizona Republic, who witnessed Wood's execution, described it, saying, "He gulped like a fish on land. The movement was like a piston: The mouth opened, the chest rose, the stomach convulsed." Arizona used a combination of midazolam, the drug recently reviewed by the Supreme Court in Glossip v. Gross, and hyrdromorphone, a narcotic. Wood's lawyer, Dale Baich, describing the execution, said "The experiement failed." The same drug protocol had been used in Ohio's botched execution of Dennis McGuire earlier in 2014 and witnesses to an October 2014 execution by Florida using midazolam reported that the death took longer than usual. In the year since Wood's execution, Arizona has not carried out any executions as a stay issued by a federal judge remains in place. In that time, Oklahoma and Florida have used midazolam in a total of three executions, with Charles Warner in Oklahoma saying "My body is on fire." Both states temporarily put executions on hold while the Supreme Court review was underway, but indicate they intend to resume executions now that the use of midazolam has been upheld. An Oklahoma federal court has scheduled a trial for 2016 on Oklahoma's use of midazolam. All other executions since Wood's have used a one-drug protocol of pentobarbital, likely obtained from compounding pharmacies, since the primary manufacturer of the drug opposes its use in executions. Ohio delayed all executions until at least 2016 to review executions procedures, and executions in Tennessee are on hold because of legal challenges to its lethal injection protocols. Georgia is conducting an investigation into problems with execution drugs and has not set new execution dates as a result.

NEW VOICES: Effects of the Death Penalty on Those Who Carry It Out

Four retired death-row prison officials - two wardens, a chaplain, and an execution supervisor - recently described the effect that carrying out executions has had on them. Frank Thompson (pictured), who served as a warden in Oregon and Arkansas, said he believed in capital punishment until he thought "about those flaws in the back of my mind that I knew existed with capital punishment. It’s being administered against the poor; it lacks proof that it deters anything." He trained his staff to carry out executions, but, "I realized that I was training decent men and women how to take the life of a human being. In the name of a public policy that after all these years couldn’t be shown to increase the net of public safety." Terry Collins spent over 32 years working in corrections, including time as the director of the Ohio Department of Rehabilitation and Correction. He said seeing exonerations gave him concerns about the death penalty: "[T]the system does make mistakes. I don’t think you can make a mistake when you’re talking about somebody’s life." Jerry Givens, who oversaw 62 executions in Virginia, raised similar concerns, "I knew the system was corrupted when we exonerated Earl Washington Jr. from death row...You have two types of people on death row. The guilty and the innocent. And when when you have the guilty and the innocent, you shouldn’t have death row." Rev. Carroll Pickett was a chaplain on Texas's death row for 15 years and during 95 executions. He commented, "Standing by the gurney almost 100 times, and watching innocent men killed, watching repentant men killed, and seeing the pain among families and men and my employee friends, cannot leave my memories."

Ohio Reports Highlight Decline in Death Sentences, Emphasize Recent Exonerations

Two recent reports from Ohio highlighted the decline in the use of capital punishment in that state. On March 30, the Ohio Attorney General's Office released its annual report on capital punishment. The Attorney General's report noted three new death sentences, one commutation, and one execution in Ohio in 2014, down from the state's peak of 17 death sentences in both 1995 and 1996.  It also reported that Ohio juries have imposed four or fewer death sentences in each of the last four years. On the same day, Ohioans to Stop Executions (OTSE) issued a complementary report. In addition to the data from the Attorney General's report, OTSE emphasized the exonerations of Ricky Jackson, Kwame Ajamu, and Wiley Bridgeman in 2014. The three former death row inmates were sentenced to death in 1975 based upon the coerced false eyewitness testimony of a 12-year-old boy. The OSTE report also discussed changes to Ohio's lethal injection protocol in the wake of the botched execution of Dennis McGuire, which resulted in the postponement of all executions in Ohio until 2016. Finally, the report discussed the 56 reform recommendations released last year by the Supreme Court Joint Task Force on the Administration of Ohio's Death Penalty, which include measures to reduce wrongful convictions, ban the death penalty for defendants with severe mental illness, and reduce racial and geographic disparities in sentencing.