Costs

Newly Disclosed California Corrections Documents Reveal Questionable Practices, Huge Price Tag for Execution Drugs

More than 12,000 pages of California prison documents disclosed by court order on May 7 reveal problematic conduct by state officials and the extraordinarily high price tag the state would have paid for lethal injection drugs if it were carrying out executions. The American Civil Liberties Union of Northern California, which obtained the documents after a six-month legal battle, say they show that the California Department of Correction and Rehabilitation (CDCR) significantly understated drug costs, advocated violating federal law in attempting to acquire execution drugs, considered obtaining execution drugs from questionable sources, and downplayed the seriousness of botched executions in other states and the prospects that botches could occur in California. The ACLU requested the documents under the California Public Records Act, saying they were crucial to informed public comment on California's recently-proposed one-drug execution protocol. Among the information revealed in the records were wildly inconsistent estimates of the cost of obtaining pentobarbital—one of four proposed lethal injection drugs. CDCR initially estimated drug costs at $4,193 per execution. Emails indicate that a compounding pharmacy agreed in May 2014 to provide 200 grams of the drug to the state for an initial cost of $500,000, but only if the company's name was kept secret. A second source quoted a price of $1,109 for 500 milligrams of pentobarbital. The emails state that 324 grams would be required to execute the 18 inmates who have exhausted their appeals, for a total cost of $718,632, plus unspecified fees to cover "service costs." The proposed protocol, however, calls for 60 grams: "Estimated chemical costs are based on a total of 60 grams. This includes the 37.5 grams required by the regulations for carrying out the execution plus 22.5 grams used during training." Based on the price quotes from the emails, 60 grams of pentobarbital would cost between $133,080 and $150,000, bringing the cost of 18 executions to $1.06-$1.20 million. 

Ruling Expected on Arizona Execution Hold, Amid Systemic Problems With Arbitrariness, Lethal Injection

Arizona's last execution, the botched lethal injection of Joseph Wood in July 2014, sparked controversy and legal challenges to the state's lethal injection procedure, and came at a time when Arizona was struggling not only with the logistics of carrying out executions, but also broader issues of fairness and costs. In a sweeping piece for The Arizona Republic, Michael Kiefer, who witnessed Wood's execution, describes the historical and legal background that led up to Arizona's current hold on executions.  He describes how Arizona's list of statutory aggravators — factors that make a case eligible for the death penalty — became so expansive that then-Governor Jan Brewer vetoed a proposed aggravator in 2014 because she worried it would make the death penalty law unconstitutionally broad and vague. Kiefer notes Arizona's 42% reversal rate in capital cases, meaning that 129 of the 306 death sentences in the state were reversed or remanded by higher courts. Nine people have been exonerated in Arizona, and one, Jeffrey Landrigan, was executed despite test results weeks before his execution that found DNA from two different men, but not Landrigan, on the victim's clothing. Landrigan was executed in 2010 using lethal injection drugs imported illegally from London. The U.S. Drug Enforcement Administration later seized the remaining drugs, causing Arizona to switch first to pentobarbital and later to midazolam, the first drug in Wood's botched execution. U.S. District Judge Neil Wake halted all executions in Arizona, asking the state to clearly specify what drugs it has and how it intends to carry out executions. His ruling is expected soon.

EDITORIALS: Kentucky Newspaper Reverses Position on the Death Penalty

The Lexington Herald-Leader, Kentucky's second-largest newspaper, announced it was ending its long-held support for the death penalty, and now believes the state legislature should abolish capital punishment. Describing its previous position as "keep it but fix it," the editors stated, "we must now concede that the death penalty is not going to be fixed and, in fact, probably cannot be fixed at any defensible cost to taxpayers." Citing the 2011 American Bar Association assessment of Kentucky's death penalty, the Herald-Leader said the system was "rife with injustices and the potential for error." Among the reasons cited in the paper's editorial for the changing its position was the negative effects of the death penalty on victims' families and correctional officers. It quoted Dr. Allen Ault, who oversaw executions in Georgia, and who said, "I do not know one [correctional officer] who has not experienced a negative impact," noting an increased risk of depression, substance abuse, and suicide.

NEW VOICES: Retired Colorado Corrections Officer Raises Questions of Deterrence, Innocence

In a recent op-ed for The Denver Post, retired corrections officer and military veteran Pete Lister offered a critique of the death penalty, saying it fails as a deterrent, risks executing innocent people, and costs more than life without parole. "Capital punishment has not, in a single state, proven to be a deterrent to capital crime." Lister said. "Society consists of human beings who make mistakes. There are those who are, occasionally, negligent, and some who are even dishonest or unethical. We are faced with the troubling fact that if we, as a society, err in a capital case, the sentence is irreversible." Drawing on his experience as a corrections officer, Lister compared capital punishment to life without parole, saying, "involuntary incarceration is not the life of Riley that some would have you believe" and asking whether "life in prison without the hope of parole" may "actually [be] worse than a death sentence." Discussing the risk or error, he said, "When we, society, wrongfully convict someone, whether through malfeasance or neglect, or whether the technology extant at time of trial was insufficient to prove innocence, then we, society, have a responsibility to release him, to publicly acknowledge the error, and allow that citizen to move past the horror that we, society, have inflicted. How do we do that after we've put him to death?" Lister also noted that the cost of capital punishment, which he said "far exceeds the cost of incarcerati[on] even for life, ... is more than simply financial. It's been argued that voting for execution takes a terrible emotional toll on jury members." He concludes with a question: "Whether you believe the death penalty is justifiable, if you were the one being accused of a murder you had not committed, where would you stand on this issue?"

Prosecutor Says Change Needed if Wyoming Wants to Keep the Death Penalty

Natrona County, Wyoming District Attorney Mike Blonigen (pictured) recently called for a reconsideration of the state's death penalty after a federal judge overturned the death sentence of Dale Wayne Eaton, a decade after Blonigen obtained it in 2004. At the time U.S. District Judge Alan B. Johnson reversed Eaton's sentence in 2014, Eaton was the only person on Wyoming's death row. Judge Johnson ruled that Eaton had received ineffective representation, in part because of inadequate funding of the Wyoming Public Defender's Office. Wyoming Gov. Matt Mead requested that the state legislature appropriate $1 million over the next two years to pay for Eaton's defense and another $25,000 to study whether the state is adequately funding prosecutors and public defenders. However, Johnson subsequently barred Wyoming from conducting a new death penalty hearing when the state failed to timely appoint new lawyers for Eaton who were not affiliated with the public defender's office. Blonigen said the state legislature needs to take a serious look at the issue of capital punishment: "You've got to have the resources and have the commitment to it to carry through with it," he said. "I think the Legislature has to decide do we really want this or not. If we really want it, then we have to change some things." Wyoming has not carried out an execution since 1992, and has not sentenced anyone to death since Eaton was sentenced in 2004.

NEW VOICES: Why Prosecutors in Texas, Pennsylvania Are Seeking Death Penalty Less Often

Prosecutors across the country are seeking the death penalty less frequently and in recent interviews two district attorneys, one from Texas and one from Pennsylvania, have given some of their reasons why. Randall County, Texas District Attorney James Farren (pictured) told KFDA-TV in Amarillo that his experience handling one particularly lengthy and costly capital case has changed how he will make decisions in future cases that are eligible for the death penalty. He said that his office has spent, "conservatively...at least $400,000" on the prosecution of Brittany Holberg, who has been on death row since 1998. Farren said the costs are too high for taxpayers and "I do not want to subject them to this kind of thing any longer." While he said he still supports the death penalty, Farren predicted that, in the near future, the U.S. Supreme Court "likely will decide society has evolved to the point that it’s no longer appropriate." In an interview with the Reading EagleJohn T. Adams, District Attorney of Berks County, Pennsylvania, says that he rarely seeks the death penalty and is "just as happy with a life sentence as I am a death sentence." If defendantants are sentenced to life without parole, Adams says, "[t]hey will not be a threat to our community ever again. And frankly, community safety is the utmost of my concerns." Adams adds, "I think you will find throughout Pennsylvania that we are seeking [the death penalty] less and less, and I think that's good."

NEW VOICES: South Dakota Republican Legislator to Propose Death Penalty Repeal Bill

South Dakota state Senator Arthur Rusch (R-Vermillion, pictured), a former trial court judge who presided over a capital trial in which a defendant was sentenced to death, said he will be introducing legislation next year to repeal the state's death penalty. Rusch said he supports repeal because of the emotional toll of capital trials on juriors and because of the financial impact of capital punishment. As a former Lincoln County circuit court judge, Rusch presided over the 1997 trial of Donald Moeller, and saw firsthand the anguish jurors experienced when they sentenced Moeller to death. Because of that experience, he said, "I think I'm more knowledgeable about the emotional toll. It's really hard on people having to make that decision." On the issue of cost, he said, "I know there’s this reaction that keeping people in jail for many, many years is expensive, but it’s nowhere near as expensive as the court costs." Death penalty abolition bills have previously failed in committee in South Dakota, but Senator Bernie Hunhoff (D-Yankton) said that the support of Republicans like Rusch could change that and allow the state to follow in the footsteps of neighboring Nebraska. "You can see that gradual transformation in Nebraska, and you’re seeing that very same thing here," said Sen. Hunhoff, who has sponsored past repeal bills in South Dakota. South Dakota has three people on death row, and has executed three people since 1976.

U.S. on Track for Fewest Executions, New Death Sentences in a Generation

Both executions and new death sentences in the United States are on pace for significant declines to their lowest levels in a generation, Reuters reports. With 25 executions conducted so far this year, and only two more scheduled, the United States could have its lowest number of executions since 1991, significantly below the peak of 98 executions in 1999. Only 8 states have carried out executions in the last two years, down from a high of 20, also in 1999. New death sentences, which peaked at 315 in 1996, declined to 73 last year, and that number is expected to drop even further this year. The slowdowns in executions and new death sentences are just two of several indicators that the U.S. is moving away from capital punishment. Reuters reports that these changes come from a combination of factors, including the high cost of death penalty cases, the recent problems surrounding lethal injection, and improved capital representation in high-use states. Texas and Virginia, two of the death penalty states that historically have been the most aggressive in carrying out executions, stand out as examples of the punishment's declining use. Both states have implemented major reforms in indigent defense in recent years, producing dramatic changes in the death penalty landscape. In Texas, which had 48 death sentences in 1999, juries have handed down only three death sentences so far this year. Virginia, which has executed the highest percentage of death row inmates of any state, is on track to have no death sentences for the fourth consecutive year.

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