Virginia

Virginia

NEW VOICES: Head of National Pharmacist's Group Opposes Lethal Injection Secrecy

Leonard Edloe (pictured), President of the American Pharmacists Association Foundation has urged Virginia lawmakers to reject Governor Terry McAuliffe's proposal to conceal the identity of the state's execution drug supplierssaying that the plan "undermines everything our profession stands for, and is actually against the law." In an op-ed in The Virginian-Pilot on the eve of a veto session in which the Virginia state legislature will consider the secrecy proposal, Edloe wrote: "Medicines are made to save lives, not end them. They’re not designed, or tested, to kill people." Edloe says "[k]eeping pharmacies out of the execution process is not just a point of principle. Federal law says drugs must be prescribed to a specific patient for a medicinal purpose. An execution clearly does not qualify." He describes the risks of compounding, pointing to the 2012 outbreak of fungal meningitis caused by badly compounded drugs, which killed 64 people. "In response, the federal government passed laws and regulations to increase the scrutiny of compounding pharmacies to protect the public," he said. "McAuliffe proposes the opposite approach — to give irresponsible compounders insulation from regulation — preventing the state taking action if a compounder supplied bad drugs that led to a botched execution." In 2015 the American Pharmacists Association issued a declaration opposing pharmacist involvement in capital punishment, and Edloe called such involvement "fundamentally contrary to the role of pharmacists as providers of healthcare." The current debate over secrecy, he says, "helps drive home the point that professional pharmacists have no place in the process." UPDATE: The Virginia legislature approved Gov. McAuliffe's amendments on April 20. 

EDITORIALS: Washington Post Calls for Transparency in Executions

In light of the three botched executions that took place in 2014, the Washington Post published an editorial urging states not to drop "a veil of secrecy over executions." In particular, the editorial board opposes a proposed law in Virginia, which, "would make practically everything about executions in Virginia a state secret — even the building in which they take place. " "It’s hard to see the compelling need for that kind of blatant censorship, which in other states has been challenged by death row inmates, civil liberties groups and media outlets as an infringement on the First Amendment," the editorial said. "Depriving the public of information on the dark side of capital punishment, and impoverishing the public debate, will not make botched executions any more palatable." It calls such laws constitutionally suspect, adding, "The fact that such mishaps might arouse public disgust does not justify granting anonymity to drug companies that enter into government contracts. If it did, states might conclude that any unpleasant news, and the resulting inconvenient public reaction, would occasion suspending the First Amendment." Read the editorial below.

Virginia Man Denied Consular Rights, Will Not Face Death Penalty

A Virginia judge ruled that prosecutors may not seek the death penalty against a Vietnamese man accused of murdering two people because police violated the man's rights under the Vienna Convention on Consular Relations by not informing him that he could contact his country's consulate. "[T]he duty to give notice is absolute. . . . [T]he idea that the state can completely ignore its treaty obligations without consequence essentially obliterates the purpose for which the rights under the Vienna Convention were intended," Judge Alden of Fairfax County wrote in barring the death penalty against Dihn Pham. Pham's trial is scheduled to take place later this month, and he now faces a possible sentence of life without parole.

Woman with Mental Disabilities Facing Execution in Virginia

An execution date of September 23 was recently set for Teresa Lewis, the only woman on Virginia’s death row. Although a number of other people were involved in the same crime, including the actual shooters of the two victims, Lewis was the only person sentenced to death.  She pled guilty at trial.  Since being sent to death row in 2002, Lewis has taken responsibility and apologized for her actions.  She has had an exemplary record while in prison and does not appear to be a future danger if she remained there.  Her current attorneys have pointed to her low IQ (measured as low as 72) and her vulnerability to being led by others as mitigating factors for the crime.  She has a Dependent Personality Disorder and suffered from other mental disabilities at the time of the crime.  If her execution goes through, Lewis would be the first woman to be executed in Virginia since 1912 and the first in the United States since 2005.

Legislative Activity - Virginia

Life After Death Row

New DNA Tests Are Seen as Key to Virginia Case

New DNA Tests Are Seen as Key to Virginia Case NEW YORK TIMES

September 7, 2000

New DNA Tests Are Seen as Key to Virginia Case

By FRANCIS X. CLINES

RICHMOND, Va., Sept. 6 - Lawyers for Earl Washington Jr., a model prisoner with the mental development of a 10-year-old, filed a petition today for a full pardon after 17 years in prison, 6 years after a DNA test raised strong doubts about his conviction in a rape and homicide.

Even as the petition was filed, the lawyers were awaiting results of a more definitive DNA test that they said in the petition they were certain

Virginia Needs a Moratorium on the Death Penalty

Virginia needs a moratorium on the death penalty Roanoke Times

January 31, 2002
Del. Vincent F. Callahan Jr., R-McLean*
op-ed

Virginia needs a moratorium on the death penalty

In the past, I have been a strong advocate of the death penalty. I voted in favor of the resumption of capital punishment in 1977, and I have supported additional provisions expanding the categories of criminal actions for which the death penalty may be imposed.

However, I have now become one of those who believe that we must take

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