Ohio

Ohio

Ohio Supreme Court to Hear Romell Broom Appeal

The Ohio Supreme Court has agreed to hear an appeal from Romell Broom (pictured), whose execution was halted in 2009 after correctional officers spent two hours trying to insert an IV for a lethal injection. Broom was pricked 18 times during the attempted execution. The court will decide whether further attempts to execute Broom would violate double-jeopardy rules or the Eighth Amendment ban on cruel and unusual punishment. "Romell Broom has a constitutional right not to be subjected to more than one execution attempt under the circumstances present in this case including the fact that significant psychological and physical pain have already been inflicted on him in a first attempt," his lawyers said. A federal judge recently suspended all executions in Ohio until at least August 15, 2014, in order to allow a review of the state's new execution protocol. The protocol was changed after the botched execution of Dennis McGuire in January. 

Ohio Residents Support Life Sentences Over Death Penalty

A recent poll by Quinnipiac University found that Ohioans support life sentences over the death penalty for people convicted of murder. A total of 49% of respondents chose sentences of life without parole (40%) or life with parole (9%), compared to just 43% who chose the death penalty. The survey also showed a 4-point drop in death penalty support in just the last three months. In February, 47% of respondents said they preferred the death penalty. Death penalty support was much lower among blacks than among whites, with only 22% of blacks saying they preferred the death penalty over the life-sentence options, compared to 46% of whites. Among various age groups, younger people (age 18-29), showed the lowest support for the death penalty (33%) when compared to life sentences.

CLEMENCY: Ohio Governor Commutes Death Sentence, Citing 'Troubling Irregularities'

On April 30 Ohio Governor John Kasich commuted the death sentence of Arthur Tyler to life in prison without the possibility of parole. The decision followed a recommendation for clemency from Cuyahoga County prosecutor Tim McGinty. Following a hearing on the case, the Ohio Parole Board recommended commutation of Tyler's sentence to life with parole: six of the eleven members recommended immediate parole eligibility for Tyler, and the remaining five favored a sentence of 33 years to life, which would have made Tyler parole eligible in two years. In his commutation announcement, Kasich said, “The questions that continue around this case are fundamental and the irregularities in the court proceedings are troubling." Tyler's co-defendant, Leroy Head, confessed to the crime but testified that Tyler was the triggerman, securing himself a lesser sentence. Head was released from prison in 2008. McGinty cited Head's "evolving statements" as a "cause for concern" in asking for clemency for Tyler, and the Parole Board agreed, adding that a sentence with parole eligibility, "would also make Tyler’s sentence more proportionate to the sentence imposed upon Head."

NEW VOICES: Ohio Prosecutor Calls for Clemency for Death Row Inmate

In a petition to the Ohio Parole Board, Cuyahoga County prosecutor Tim McGinty (pictured) requested the death sentence of Arthur Tyler be reduced to life in prison without parole. McGinty said, "At the time of Tyler's trial, Ohio law did not allow for the possibility of a sentence of life without parole for an aggravated murder conviction....In light of the limited sentencing options, the absence of the option of a sentence of life without the possibility of parole in this case may have led to the imposition of the death sentence." The petition also said that "evolving statements" from Tyler's co-defendant, Leroy Head, "are cause for concern" and "may undermine public confidence in Tyler's sentence." Tyler has consistently maintained his innocence, and is asking the Parole Board for a commutation to a sentence of life with the possibility of parole. Head was released from prison in 2008.

Ohio Commission to Release Recommendations for Death Penalty Reform

In 2011, the Chief Justice of the Ohio Supreme Court appointed a blue-ribbon Commission to review the state's death penalty and to make recommendations for reform. On April 10, the Commission prepared to announce 56 recommendations for changing the death penalty, including:

► Require higher standards for proving guilt if a death sentence is sought (such as DNA evidence)
► Bar the death penalty for those who suffer from “serious mental illness”
► Lessen the number of crimes eligible for the death penalty
► Create a Death Penalty Charging Committee at the Attorney General’s Office to approve capital prosecutions
► Adopt a Racial Justice Act to facilitate inequality claims in Ohio courts.

See all 56 proposed recommendations from the Task Force.

STUDIES: Use of Death Penalty Declining in Ohio

Two recent reports released in Ohio show a decline in the use of the death penalty, with one of the reports raising concerns about the fairness of the system. The number of death-penalty cases filed in Ohio in 2013 was the lowest number in over 30 years. The number of capital indictments was down 28% from 2012 and 63% from 2011, according to a report from Ohioans to Stop Executions, "The Death Lottery: How Race and Geography Determine Who Goes to Ohio's Death Row." Ohio had 4 death sentences in 2013, compared to 24 in 1985. The report noted concerns about arbitrary application of the death penalty, even as the number of cases decreased: "While Ohio’s overall use of the death penalty is slowing, it has become clearer ... that the race of the victim and location of the crime are the most accurate predictors of death sentences," the report stated. Almost 40% of all capital indictments in Ohio come from just one county (Cuyahoga), which represents just 11% of the state's population. Nearly 77% of the executions in the state involved cases where the murder victim was white, despite the fact that generally 66% of murder victims in Ohio are people of color. A report from Ohio's Attorney General Office, "Capital Crimes Annual Report," indicated that 52 inmates have been executed since 1981, while 126 death-row inmates had their sentences reduced or died of natural causes.

Lethal Injection Questions Prompt Official Reviews in Louisiana, Florida, Ohio

Questions about the appropriateness of new lethal injection methods have recently stayed executions in Louisiana and Ohio and caused the Florida Supreme Court to order a hearing prior to the next execution there. In Louisiana, Christopher Sepulvado received a 90-day stay to allow a federal court to determine whether the state's new protocol violates his constitutional protection against cruel and unusual punishment. He was scheduled to be executed on February 5. The Florida Supreme Court ordered a similiar hearing to be held before Paul Howell's scheduled execution on February 26 to examine the state's new protocol. In Ohio, Governor John Kasich ordered an 8-month stay of execution for Gregory Lott so the state can complete a review of its new lethal injection procedure, first used to execute Dennis McGuire on January 16, resulting in gasping and choking sounds from the inmate. The common drug in question in all three states is midazolam, a sedative used as the first drug in a 2- or 3-drug protocol. 

Problems Arise As Ohio Tries New Execution Procedure

On January 16, Ohio carried out the first lethal injection in the U.S. using a new protocol, resulting in a lengthy and disruptive execution. Ohio employed a back-up procedure to execute Dennis McGuire, using midazolam, a sedative, and hydromorphone, a painkiller. Witnesses to the execution reported that McGuire snorted, gasped, and struggled during the execution, which took longer than usual for death to occur. Deborah Denno, a professor at Fordham Law School and lethal injection expert, said, “Whether there were choking sounds or it was just snorting, the execution didn’t go the way it was supposed to go.” Anesthesiologists had warned that the new cocktail of drugs could cause a condition called "air hunger," in which the inmate would gasp for air but be unable to absorb oxygen. On January 9, Oklahoma executed Michael Wilson using different drugs, and the inmate on the gurney said, “I feel my whole body burning,” as the drugs began to flow.

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