Nebraska

Nebraska

EDITORIALS: The Fallibility of Forensic Evidence Argues Against the Death Penalty

A recent editorial in the Lincoln Journal Star of Nebraska concluded that experience with inaccurate evidence from crime labs shows that the death penalty cannot be trusted in the taking of life.  The paper called for the repeal of the death penalty based on a case in which the state's CSI director tampered with evidence in a murder case. Recently, the Nebraska Supreme Court upheld the conviction of former CSI chief David Kofoed for planting evidence in a double murder. Kofoed placed a speck of blood in a car belonging to a suspect, which resulted in two innocent men being held in jail for several months. The editorial said such crime-lab error has also been found elsewhere: “You will be - or should be - appalled at the number of times that crime labs turn out to be providing inaccurate and phony evidence. The problems crop up in New York, San Francisco, Houston and many points in between. Sometimes the problem is sloppiness. Sometimes technicians are manufacturing evidence deliberately. Sometimes the science itself turns out to be untrustworthy.” The editorial cited a 2009 report by the National Academy of Sciences that criticized some of the science behind crime lab testimony. The report found that, other than DNA technology, “no forensic method has been rigorously shown to have the capacity to consistently, and with a high degree of certainty, demonstrate a connection between evidence and a specific individual or source,” and that, “Substantive information and testimony based on faulty forensic science analyses may have contributed to wrongful convictions of innocent people.”  The editorial concluded, "The fallibility of the criminal justice system has been demonstrated again and again. Innocent people have been executed in the past and will be in the future," and thus people should "support repeal of the death penalty."  Read full editorial below.

EDITORIALS: "Mistakes are made"

A recent editorial in Nebraska's Journal Star urged support for a bill to replace the death penalty with a sentence of life in prison. Among the reasons cited for its position was the risk of executing an innocent person. The editorial noted that advancements in DNA testing have shown the fallibility of the current system: “Seventeen people who were on death row have been set free after DNA testing proved they were wrongly convicted.” The editorial also pointed to more than 250 convictions that have been overturned nationwide because of DNA testing, including the Nebraska defendants known as the "Beatrice Six," who were wrongfully convicted of rape and murder but later exonerated through DNA testing. The paper cautioned against supporting the death penalty on the basis of one horrific case: “[E]ven if the system worked without flaw in that particular case, there can be no guarantee that it will work that way every time. And if the system cannot work without error - as the facts show - then the death penalty cannot be justified. Sooner or later, an innocent person will die at the hands of the state of Nebraska." Read full editorial below.

RESOURCES: Recent Legislative Acitivity on the Death Penalty

DPIC is collecting information on pending legislation related to the death penalty.  For example, at least nine states will consider bills to repeal the death penalty in 2012.  In California, a coalition called Taxpayers for Justice has been collecting signatures to place a death penalty repeal initiative on the ballot in November.  On January 25, the Washington Senate Judiciary Committee held a public hearing on a bill to repeal the death penalty. The bill’s sponsor, Sen. Debbie Regala, cited high costs as a reason for the bill: “We can keep the public safe with putting people in prison for the rest of their life, as opposed to the costly expense of executing them… It's always important and valuable for us to look at public policy and see if it's actually getting us the results that we want. When you're facing an economic crisis, you add an extra lens." Other states considering repeal bills are Connecticut, Florida, Georgia, Kansas, Maryland, Nebraska, and Pennsylvania. A few states, such as New Hampshire, have blls to expand the death penalty.

DPIC RESOURCES: New State Pages Now Available

DPIC is pleased to announce the completion of our State Information Pages for all 50 states and the District of Columbia.  These state profiles provide historical and current information on the death penalty for each state, including famous cases, past legislative actions, and links to key organizations and state officials.  For frequently updated information, such as execution totals, the size of death row, or the number of exonerations, see our State-by-State Database.  Readers are encouraged to send additional information, pictures, and links to organizations in their state.  You can reach the State Information Pages through the "State by State" button at the top of every page on our website or under the "Resources" tab in our main menu.

Update on Lethal Injection Issue

In a clear national trend, seven states (Alabama, Arizona, Mississippi, Ohio, Oklahoma, Texas, and South Carolina) have used pentobarbital instead of sodium thiopental in their executions in 2011. The most recent such execution was that of Donald Beaty in Arizona on May 25, following a temporary stay as the state made a sudden switch to the new drug.  Ohio is the only one of the seven states to use pentobarbital as the sole drug in its lethal-injection process.  At least five states (Alabama, Georgia, Kentucky, Tennessee, and South Carolina) that acquired sodium thiopental through an overseas source have had the drug seized by the U.S. Drug Enforcement Administration.  In addition, Arizona was instructed by the DEA not to use its foreign sodium thiopental just prior to the May 25 execution. Arkansas and California also have supplies of sodium thiopental originally obtained from a supplier in Great Britain.  In Nebraska, questions about its supply of sodium thiopental--obtained from a company in India--has postponed the execution of Carey Dean Moore.  South Dakota's sodium thiopental was also reportedly obtained from India.  Other states like Georgia, Louisiana, and Virginia have indicated they intend to switch to pentobarbital in future executions.

LETHAL INJECTION: Latest Foreign Supplier of Drugs for U.S. Executions Refuses to Continue

When the sole U.S. supplier of a drug used by all death penalty states announced it was halting production earlier this year, many states turned to sources overseas.  In particular, Nebraska obtained a large quantity of the drug--sodium thiopental--from a company in Mumbai, India.  Now that company has announced it will no longer supply the drug for use in lethal injections.  In a statement released to the media, Kayem Pharmaceutical Pvt. Ltd. said, "In view of the sensitivity involved with sale of our thiopental sodium to various jails/prisons in USA and as alleged to be used for the purpose of lethal injection, we voluntary declare that we as Indian Pharma Dealer who cherish the Ethos of Hinduism (A believer even in non-livings as the creation of God) refrain ourselves in selling this drug where the purpose is purely for Lethal Injection and its misuse."  Earlier this year, the sole U.S. manufacturer of the same drug, Hospira Inc., similarly announced that it wanted no part in supplying drugs for executions. Nebraska death row inmate Carey Moore is challenging the legality of the state’s purchase of the drug.  According to a motion filed with the Nebraska Supreme Court, there is no evidence that Kayem Pharmaceutical is registered with the Drug Enforcement Administration (DEA) or is authorized to deliver drugs to the U.S. There is also evidence that Nebraska received a generic form of the drug, contrary to the state's execution protocol.

Arizona, Texas Attempted to Import Illegal Lethal Injection Drugs Linked to Indian Supplier with Troubling History

Arizona and Texas attempted to import lethal injection drugs in violation of federal law, but the shipments were halted by U.S. Food and Drug Administration officials in late July, according to reports by The Arizona Republic and Buzzfeed. The Republic reports that the Arizona Department of Corrections paid $27,000 for sodium thiopental for use in executions, but the shipment was halted at the Phoenix airport by U.S. Food and Drug Administration officials. BuzzFeed reports that on the same date, the FDA halted a second shipment of sodium thipoental from the same shipper at the Houston airport. This second shipment was bound for the Texas prisons. Though Arizona had redacted the seller's name and information from the documents obtained by The Republic, the offer of sale is identical to an offer sent to Nebraska from Harris Pharma, a drug supplier in India. Sodium thiopental was widely used as the first drug in executions until the sole U.S. manufacturer halted production in 2011 over concerns about the product's use in executions. Chris Harris, the owner of Harris Pharma, has sold execution drugs to Nebraska, Ohio, and South Dakota, and approached the Idaho Department of Corrections, though that sale fell through. A BuzzFeed investigation found that the office in which Harris claims to manufacture the drugs is not equipped to make drugs, raising the question of where the drugs are actually being produced. Earlier this year, Nebraska paid Harris $54,400 for execution drugs that Federal Express refused to bring into the country because they lacked import approval from the FDA.

Nebraska Legislature Passes Death Penalty Repeal

Nebraska's unicameral legislature passed a bill to repeal the state's death penalty and replace it with a sentence of life without parole. On May 20, the bill passed its third and final round of debate on a 32-15 vote, receiving bipartisan support. Senator Al Davis said, "There are so many reasons why we need to eliminate the death penalty in Nebraska. It's fundamentally unfair, a terrible mistake and bad justice." Gov. Pete Ricketts has indicated that he will veto the bill, but a veto can be overridden with the support of 30 senators. The bill is prospective only, so if it becomes law, it will not affect the 11 inmates currently on Nebraska's death row. Nebraska has executed three prisoners, all by electrocution, since re-enacting the death penalty in the 1970s. Its last execution was in December 1997.

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