Arizona Death Penalty News

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AnneTheBelgian

http://www.havasunews.com/articles/2011/04/21/news/doc4dafc734d3155395637315.txt

Mohave County opts against death penalty in infant's killing

By JAYNE HANSON

Today's News-Herald

Published Wednesday, April 20, 2011 11:02 PM MST

The Mohave County Attorney's Office has decided to withdraw its motion to seek the death penalty against a Kingman resident accused of sexually abusing and killing a 1-month-old boy last year, citing financial constraints tied to state budget policies.

Until the motion was filed Tuesday, the case was one of two pending capital cases in the county. With the state holding back a combined $35 million to Mohave and four other counties to balance Arizona's budget, there aren't enough funds in Mohave County to try both matters as death-penalty cases, said Deputy County Attorney Gregory McPhillips, who along with County Attorney Matt Smith made the decision.

The lone remaining capital case before the county is that of Darrell Ketchner, 53, also of Kingman. He is accused of fatally stabbing 18-year-old Ariel Allison, of Kingman, while she was defending her mother, Jennifer Allison, 35, from Ketchner's rage around 10:48 p.m. on July 4, 2009.

"It's not a decision that sits well with me," McPhillips said. "But it is a decision I agree with. We could pursue justice blindly and say we don't care what is costs," McPhillips said. "But we are here to serve the people of the county. We can't break the county to pursue one particular case. This was a hard decision, but it was responsible With the murder of a baby, there are incredibly complex genetic, medical and legal issues making the case a much more difficult case for the state to prove, the deputy county attorney continued.

Vandergriff, 25, is charged with sexually and physically abusing the infant on June 15, 2010, at a residence in the 300 block of Sea Creek Drive in Kingman, according to the Bullhead City Police Department.

The baby boy was taken to Western Arizona Regional Medical Center in Bullhead. His body was bruised and he had sores, red and swollen eyes, broken ribs, a broken femur, malnutrition and dehydration. The child also showed signs of brutal sexual abuse and shaken-baby syndrome, police said. In critical condition, the boy was airlifted by medical helicopter to Sunrise Hospital & Medical Center in Las Vegas, where he was pronounced dead on June 16.

Vandergriff, who is the child's father, and Staci L. Barbosa, the baby's mother, were both arrested.

According to the county's website, Vandergriff is charged with first-degree murder, child abuse, sexual assault and sexual conduct of a minor. He now will face prosecution as a first-degree murder defendant, who'd face up to life in prison if convicted.

The decision to withdraw the motion to try the matter as a capital case was based on a move by the state to take back $1.3 million in funds to Mohave County -- a mandatory transfer in order to balance Arizona's budget. According to County Supervisor Association of Arizona documents, Mohave is currently one of five counties whose general funds were targeted for a combined $38.6 million to help balance the state's budget for this fiscal year. The impact and amount is compared to two counties targeted for a combined $38.4 million last fiscal year.

County Financial Breakdown

The state's decision didn't sit well with County Supervisor Buster Johnson, R-Dist. 3. "We have to give them $1.3 million to help balance the state budget," said Buster Johnson, R-Dist. 3. "These are harsh realities that are being made by our state legislators when (state legislators) are grandstanding for higher political office."

The individual sums of county general-fund sweeps include Maricopa County at $26.3 million; Pima County at $6.7 million; Pinal County at $2.5 million; Yavapai County at $1.4 million; and Mohave County -- with the smallest sum of $1.3 million owed.

With other sweeps of state revenues earmarked for counties in Arizona, state legislators seek a total of $93.4 million to balance the state budget. The total is an additional $16 million more than last year's combined $77 million from counties. Overall, the sweeps translate to a two-year grand total of $170.4 million from 15 counties to subsidize state spending.

In Mohave County, the general fund transfer and other sweeps equal a $3.8 million impact this fiscal year, which is $2 million more than last year's $1.8 million paid to the state under similar circumstances.

McPhillips, who originally sought to try Vandergriff's as a capital case, said he doesn't recall being forced into such a decision before, but then again, he can remember such challenging financial times, either.

"It's a difficult time for our county," McPhillips said. "The fact the state is looking at the county to pay $1.3 million -- I don't know if things are going to get better over the next year," he said.

In making its decision, the County Attorney's Office weighed the strength of its cases against Vandergriff and Ketchner, as well as the financial implications of moving forward with each matter.

Darrell B. Ketchner

In the Ketchner case, the defendant is also accused of shooting Jennifer Allison in the head and fleeing. Jennifer survived the gunshot, but has no use of her right eye, said Sgt. Bob Fisk Kingman Police Department.

The incident occurred at a residence in the1800 block of Pacific Avenue in Kingman.

When police arrived, Ketchner barged through the front door and engaged in a scuffle with Jennifer. When Ariel stepped in to defend her mother, Ketchner -- with a large knife in hand -- stabbed her seven times.

Ariel Allison succumbed to a stab wound into her heart, and one that nicked her aorta, said Fisk, who attended the autopsy. She also had stab wounds to the side of her face, he said.

After stabbing Ariel that night, Ketchner then engaged in a fight with Jennifer Allison.

Ketchner allegedly pulled Jennifer into the driveway on the west side of the residence. Eyewitnesses told police Ketchner put a gun to her head and pulled the trigger.

Ketchner then fled the scene.

Police caught up to him in the early morning hours of July 5 at a Kingman golf course. Ketchner was in a lethargic state and didn't make any statements before he was booked into a Bullhead jail, Fisk said.

Jennifer Allison and Ketchner had an on-again, off-again relatinshp as boyfriend and girlfriend. They also had several children together. There was an order of protection in effect at the time the incident occurred.

Ketchner is currently at the Arizona State Prison in Florence after being convicted of misconduct involving weapons and assault, according to the state Department of Corrections website.

Ketchner faces charges of first-degree murder, attempted first-degree murder, aggravated assault, aggravated assault with a deadly weapon, aggravated assault/protection order, and burglary, according to the county website.

The case will be tried as a death penalty case in Mohave County Superior Court.

Death Penalty Case Costs

"The county has a lot more money in the Ketchner case," said Mohave County Deputy County Manager Dana Hlavac, Criminal Justice Services. "We've invested about $200,000, compared to Vandergriff, which we have invested $60,000 in defense costs, that's not including prosecution costs."

Under the law, anybody facing a potential death sentence is entitled to two attorneys. The attorneys must have special qualifications and be approved by the Arizona Supreme Court to try death penalty cases. In Mohave County, there are only three attorneys certified to handle such cases, Hlavac said.

The county provides attorneys for the defendant and often has to look statewide to one willing to take on the case. When one is found, a special contract is employed, and the attorney's rates can range from $120 to $150 per hour.

Vandergriff's attorney, Creighton Cornell, of Creighton Cornell Law, Tucson, bills at $100 hour, Hlavac said.

Calls to Cornell weren't immediately returned Wednesday.

Hlavac said studies have proved post-conviction costs tied to executing a someone given the death penalty -- which could take as many as 20 years with appeals -- is much more expensive than a life sentence in prison.

On average, a death penalty case costs about $2 million, compared to $30,000 a year to house a prisoner serving a life sentence. In other words, a prisoner would have to live to 100 before he or she costs the government what it requires to handle a death-penalty case.

"It is a very, very brave and commendable thing Matt did," Hlavac said. "It's not easy at all. The integrity it shows to do something like that for the betterment of the county."

Hlavac said the matter against Ketchner, the county's sole pending death penalty case, is about a year away from going to trial. The county has spent about $100,000 on the case,













Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

Naviator

Hmmm... Disagree with this decision as all victims should receive the justice they are entitled too, despite the costs.  Understanding the finances are a concern, I can't imagine telling people that the baby-killer will not be punished to the fullest extent of the law because they can't afford it.

Granny B

"Vandergriff, 25, is charged with sexually and physically abusing the infant on June 15, 2010, at a residence in the 300 block of Sea Creek Drive in Kingman, according to the Bullhead City Police Department.

The baby boy was taken to Western Arizona Regional Medical Center in Bullhead. His body was bruised and he had sores, red and swollen eyes, broken ribs, a broken femur, malnutrition and dehydration. The child also showed signs of brutal sexual abuse and shaken-baby syndrome, police said. In critical condition, the boy was airlifted by medical helicopter to Sunrise Hospital & Medical Center in Las Vegas, where he was pronounced dead on June 16."

"The Mohave County Attorney's Office has decided to withdraw its motion to seek the death penalty against a Kingman resident accused of sexually abusing and killing a 1-month-old boy last year, citing financial constraints tied to state budget policies."

>:( >:( >:( >:( >:( >:( :( :( :( :( :( :( :( :( :( :( :( >:( >:( >:( >:( >:(

" Closure? Closure is a misused word in the English language.  There is no such thing as closure for the family of a murder victim.  There will never be any closure for the death of our loved ones until we are dead ourselves.  The families have a lifetime sentence of anguish and sadness." 
Susan Levy

AnneTheBelgian

http://www.trivalleycentral.com/articles/2011/05/02/casa_grande_dispatch/around_arizona/doc4dbedd95b91bc148836100.txt

Monday, May 2, 2011

Arizona Supreme Court ruling says crime victims' rights limited for hearings

Published: Monday, May 2, 2011 10:04 AM MST

The Associated Press

PHOENIX -- An Arizona Supreme Court ruling says a state constitutional right for crime victims to be present at criminal proceedings doesn't extend to some purely procedural hearings.

A unanimous ruling by the justices decides a dispute that stems from five pending murder charges against William Craig Miller.

The ruling says relatives of two victims don't have a right to attend a pretrial hearing regarding summonses issued as part of a defense investigation of mitigation evidence in the death penalty case.

The ruling says that's because the defendant himself has no right to attend the hearing.















Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

CSA FD


Death-row inmate wants court disqualified
Published: May 23, 2011



PHOENIX, May 23 (UPI) -- A death-row inmate in Arizona says his scheduled Wednesday execution should be halted and the state Supreme Court disqualified from his case.

Donald Beaty, 56, sentenced to death by lethal injection for the 1984 murder of a 13-year-old newspaper carrier in Tempe, said the Supreme Court should be disqualified because of a death-row tour by the justices, who also met with the Arizona Department of Corrections director to discuss execution schedules and methods while they were considering his case, The Arizona Republic reported Sunday.

Beaty said several of the justices had participated in a tour of his cell block on May 11 after meetings with Charles Ryan, the corrections director.

A motion filed Sunday by U.S. Assistant Public Defender Sarah Stone characterized the meetings as ex parte communications --meetings with a judge by parties from only one side of a case without the knowledge of the other side.

Judicial rules forbid such communications.

Representatives for the Arizona Supreme Court and the Department of Corrections declined comment because the matter is before the court, but Assistant Arizona Attorney General Kent Cattani termed the accusations of ex parte meetings "simply inaccurate," the Republic reported.


http://www.upi.com/Top_News/US/2011/05/23/Death-row-inmate-wants-court-disqualified/UPI-78341306170905/
Justice for Jennifer Lee Hampton, murdered, Sept. 2008, by illegal alien.


Metfan62

I've got one thing to say, get your Warden off this gurney and shut up. I am from the island of Barbados. I am the Warden of this unit. People are seeing you do this."

Monty Delk's Last words

JeffB


http://www.azcentral.com/photo/News/Projects/3972


That guy (Shawn Grell) is my all-time, #1 death row inmate.

Some people have been critical at times of the celebratory nature we here potentially demonstrate when an execution takes place.  Well make no mistake - when Shawn Grell is executed, those critics may want to turn their heads because they won't like my behavior one bit...

"SO SUCK IT YOU "BLUE COOLER" DOPE!"  -  Sylar24

AnneTheBelgian

http://www.necn.com/07/24/11/Death-penalty-procedures-challenged-in-A/landing_politics.html?&apID=f3555b0fdde04121aa2a8abf433d7478

Sunday July 24, 2011

Death penalty procedures challenged in Ariz. court

Jul 24, 2011 11:31am

PHOENIX (AP) -- In Arizona's death chamber in the minutes just before an execution, inmates lay strapped to a table with a white sheet pulled up to their necks.

Witnesses who are there partially to ensure that the inmates don't experience unnecessary pain don't see anything leading up to that point -- it's just a man on a table about to be put to death with an injection they can't see.

The veiled process and other procedures followed by the Arizona Department of Corrections are now being challenged in federal court. U.S. District Judge Neil Wake scheduled a trial in the matter for Oct. 11 and can rule that the department is violating inmates' constitutional rights by the way it conducts executions, or find that the department has acted properly.

"All you see is a head sticking out from a sheet, and a guy sort of looks around, maybe makes a last statement and then closes his eyes," said Dale Baich, a federal public defender who has represented the most recent inmates executed in Arizona. "We want more transparency in the process and that's what we hope comes of this litigation."

Baich is arguing that the corrections department is violating inmates' constitutional rights and deviating from execution protocol in five ways. Among them: using a new execution drug, using the groin area as the injection site and failing to leave injections uncovered during executions.

He compared Arizona's sheet-cloaked process to some other states' procedures, during which witnesses see every step, including injections, he said.

Assistant Attorney General Kent Cattani, who will be arguing against Baich at the October trial, rejected his arguments and said the corrections officials themselves dictate protocol and can change it anytime they see fit.

"An inmate can challenge a change but they have to show there's a high likelihood of significant pain or suffering because of the change," he said.

Cattani said he sees no reason why execution witnesses should be able to view each step in the process.

"I'm not sure I understand why there would be a need for insertion of the femoral vein (in the groin area) to be witnessed," Cattani said. "All of these executions have been publicly witnessed, the inmate has been conscious, the inmate is perfectly capable of explaining that he has suffered severe pain, and that simply has not been the case."

Cattani said for an execution to violate an inmate's constitutional rights "there has to be more than a chance that something could go wrong."

"Here we have the Department of Corrections carrying out very capably this serious responsibility, and it's not one they take lightly," he said.

Corrections Director Charles Ryan declined to comment through department spokesman Bill Lamoreaux.

The 9th U.S. Circuit Court of Appeals in San Francisco turned down a motion to delay Tuesday's execution of Thomas Paul West over the legal challenge to the department's procedures, ruling that he had failed to prove that there was a substantial risk that he would experience severe pain during the execution.

But at a hearing the day before the execution, Judge Kim Wardlaw said the corrections department needs to follow protocol.

A catheter in West's right arm was visible to witnesses because the sheet had been moved over, although it was still up to his neck and covering the injection to his femoral vein. At the four executions before that, including one on June 30, no injection was visible because the sheet covered everything but the head.

In a prepared statement, Lamoreaux said West's sheet was pulled aside to show his arm injection "because it was the primary IV point and to be observed by the staff" and that in previous executions, the femoral vein had been the primary injection.

He said inmates are treated in "a most humane and dignified manner" and that witnesses aren't allowed to watch every step to maintain the privacy of the team conducting the execution and to protect inmates' dignity.

"The inmate is conscious and presumably capable of letting others know about any pain or discomfort," he wrote, adding that a drug is used to numb the injection site.

In the five executions since October, two of the inmates declined to say last words to a roomful of witnesses just before they were put to death. The other three didn't say anything about experiencing pain, and one even cheered his favorite sports team just before his death.

Although Arizona has executed five men in the last nine months, no new executions have been scheduled.

Up to five inmates whose appeals are nearing their end in court could have their execution dates scheduled early next year. Those inmates include Robert Henry Moorman, who was serving a nine-year prison term for kidnapping back in 1984 when the state let him out on a 72-hour release to visit his adoptive mother at a nearby hotel.

Moorman beat, stabbed and strangled the woman in their hotel room, then meticulously dismembered her body and threw the pieces away in various trash bins and sewers in Florence before he was re-arrested, charged, and sentenced to death.

Daniel Wayne Cook also could be rescheduled for an execution early next year. He was scheduled to be executed April 5 for killing a man and a teenage boy in 1987 in Lake Havasu City after torturing and raping them for hours, but the U.S. Supreme Court put the execution on hold until it rules on Cook's claims of ineffective counsel during post-trial proceedings.

That likely won't happen until the end of the year, and the earliest Cook's execution could be rescheduled is January.

The state has executed 91 inmates since 1910; 28 of them have been put to death with lethal injection since the state began using that method in 1992.

Altogether there are 128 inmates still on Arizona's death row. Because Arizona defendants facing the death penalty started getting two attorneys instead of just one in the mid-1990s, those convicted since then have more limited options to file appeals based on the quality of their legal team, Cattani said.

"The theory is the more exhaustive the process in state court, the less likely it is there would be any type of reversal in federal court," he said. "And we are seeing fewer cases reversed."

As a result, as many as 50 inmates could be scheduled for execution in the next few years, he said.

October's trial won't delay or stop any of them, but could change some of the corrections department's practices.

And if not, "We'll keep swinging," said public defender Baich.














Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

AnneTheBelgian

http://www.therepublic.com/view/story/a3ba985d6d464c41aafb6a9ea48913ca/AZ--Arizona-Capital-Punishment/

Arizona has executed just 28 men since 30-year moratorium on death penalty was lifted in 1992

THE ASSOCIATED PRESS 
   
First Posted: September 04, 2011 - 1:20 pm
   
Last Updated: September 04, 2011 - 1:20 pm

FLAGSTAFF, Ariz. -- There are 128 inmates on Arizona's Death Row and it appears the wheels of justice turn slow when it comes to capital punishment.

The state has executed 28 men since it lifted a 30-year moratorium on the death penalty in 1992. Only four of them were on Death Row for fewer than 10 years.

Nearly one in five Death Row inmates in Arizona has been in prison for 20 years or more. Six have been awaiting execution for at least 25 years. One has been there for 31 years.

Phoenix lawyer Steve Twist is a longtime advocate for victims' rights and a former chief assistant attorney general for Arizona.

Twist tells the Arizona Daily Sun (http://bit.ly/q5Qbq9 ) he doesn't want to speed up executions, but does want to eliminate unnecessary delays.

___

Information from: Arizona Daily Sun, http://www.azdailysun.com/
















Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

AnneTheBelgian

http://www.usatoday.com/news/nation/story/2011-11-09/death-penalty-arizona/51135508/1

Claim that Ariz. execution drug was illegally obtained grows

By Michael Kiefer, The Arizona Republic

Updated 2h 29m ago

2011 USA TODAY

PHOENIX, Ariz. - The Federal Public Defender's Office in Phoenix filed documents in U.S. District Court furthering allegations that the Arizona Department of Corrections repeatedly violated its own rules in executing death-row prisoners and knowingly obtained its execution drugs illegally.

In July, Public Defender's Office attorneys sued Arizona on behalf of Thomas West, who was executed two days later, and five other death-row inmates. The lawsuit asks for an injunction to prevent the state from performing executions until it can prove it is in compliance with the established protocol for performing them.

The state has asked the court to throw out the claim that its execution drugs were not legal because none of the named plaintiffs will actually be executed using those drugs.

Monday's response by public defenders to that state motion details how the state Department of Corrections ignored advice to steer clear of a certain British drug exporter because it was not licensed to export the specific drugs used in executions. In fact, at the time, foreign sources of one of the drugs was not approved.

A former U.S. Food and Drug Administration attorney who now advises companies on FDA procedures offered testimonial for the public defenders, saying the drugs were unapproved and illegally brought into the country, and that a local FDA official had advised the department to split the drugs into smaller shipments so that they would pass through U.S. customs with little or no scrutiny.

The Arizona Republic first reported last year that the drugs used to kill an inmate in October 2010 had been imported from England. Several other states had imported drugs from the same pharmaceutical firm. State Department of Corrections officials and their counsel at the Arizona Attorney General's Office insisted the drugs had been obtained lawfully. But in April, the U.S. Drug Enforcement Administration began confiscating them in some states and ordering others -- including Arizona -- not to use the imported drugs they had in store.

Monday's filing noted that medical personnel carrying out Arizona executions have repeatedly disregarded a written protocol approved by federal court stating that execution drugs are to be introduced into the condemned person's body through an arm catheter, not in a "central line" catheter that is surgically implanted in the person's groin.

It also said the department kept its promise to conduct background checks of the medical team members.

Monday's motion states that in September 2010, as the state prepared to execute murderer Jeffrey Landrigan, state Department of Corrections Director Charles Ryan learned of the British pharmaceutical distributor from Corrections personnel in Arkansas. At issue was the drug sodium thiopental, which had become unavailable in the United States, but was a crucial sedative used for executions in Arizona and elsewhere.

Ryan's former chief deputy, Charles Flanagan, contacted the distributor and wrote, "Anything and everything you can do to expedite the shipment is both necessary and appreciated."

Flanagan also contacted the medical director of the department's usual supplier, who told him that the British company was a "gray" marketer, meaning the reputation of the distributor and the quality of the pharmaceuticals was questionable. She further informed Flanagan that the distributor was not licensed to export the drug to the U.S.

Nonetheless, the filing alleges, Flanagan ordered the drugs and then asked his department's procurement officer to split a later shipment into smaller batches to qualify for "informal entry," meaning the drugs were less likely to be scrutinized.


















Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

Grinning Grim Reaper

Here is a nice Christmas present for Arizona's DR...enjoy boys!

Arizona hasn't violated rights during executions, judge says

by Michael Kiefer - Dec. 21, 2011 09:47 PM
The Arizona Republic

A U.S. District Court judge ruled Wednesday that even if the Arizona Department of Corrections varied from its court-approved protocol for execution by lethal injection, there was no violation of prisoners' constitutional rights.

And even if the drugs used in two of the last five executions were obtained unlawfully, the Corrections Department did not do so intentionally and knowingly, the judge wrote in his decision.

Judge Neil Wake ruled in favor of the state, denying an injunction requiring the DOC to conform to its established protocol.

"This ruling puts to rest yet another of the specious legal barricades that capital-punishment opponents have thrown up in the past few decades to challenge the death penalty," Arizona Attorney General Tom Horne said in a prepared statement.

In the ruling, Wake told the Department of Corrections that it needed to follow the protocol, although he said Corrections Director Charles Ryan had made reasonable decisions to vary or had simply committed oversights.

Furthermore, Wake ruled, those variances did not rise to the level of cruel and unusual punishment as defined by the U.S. Constitution or a 2007 U.S. Supreme Court decision regarding execution by lethal injection.

A DOC spokesman said Ryan was pleased with the ruling.

Dale Baich of the Federal Public Defender's Office, which brought the suit on behalf of five death-row inmates and one man who has already been executed, said that his office will appeal the ruling.

"The court appeared troubled, as we were, that the Department of Corrections did not follow the protocol as written," Baich said.

"But because the standard set by the Supreme Court is so high, we could not meet our burden."

Among the claims set out in the lawsuit was that the medical-team members carrying out the execution had not been vetted by background checks that would have turned up a DUI and a charge for passing a bad check; that the professionals did not insert intravenous catheters in their day jobs; and that the Department of Corrections did not keep records of the executioners' qualifications.

Those things are required by the protocol, which was hammered out in Wake's court in 2009.

Further, the protocol requires that the IV tubes delivering the drugs be inserted into arms or legs, and not surgically implanted in an artery in the inmates' groins as the department and its execution doctor preferred.

All of those variances from the agreed-upon procedures were proven in court, but based on testimony from Ryan, the execution doctor and others, Wake concluded that they were excusable or justified.

"Although criminal background and professional license checks were omitted through inadvertence, the other deviations were authorized by Director Ryan and were neither unreasonable nor undertaken in bad faith," Wake wrote. "None of the deviations identified by plaintiffs create substantial risk plaintiffs will not be properly anesthetized."

Read more: http://www.azcentral.com/news/election/azelections/articles/2011/12/21/20111221arizona-hasnt-violated-prisoner-rights-executions-judge-says.html#ixzz1hHTUxETE
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

AnneTheBelgian

http://www.ajc.com/news/nation-world/az-on-pace-to-1385086.html

3:41 p.m. Wednesday, March 14, 2012

AZ on pace to match busiest year for executions

By AMANDA LEE MYERS

The Associated Press

PHOENIX -- Arizona is on pace to match its busiest year for executions since establishing the death penalty in 1910, The Associated Press has determined.

The state has carried out two executions so far this year, with two more cases up for consideration next week before the Arizona Supreme Court.

Three other inmates are nearing the end of their appeals and also will likely be scheduled to be executed this year.

That would be seven executions for 2012, which would match the seven inmates that Arizona executed in 1999, the highest of any year.

Texas leads the nation in executions just about every year, and last year put 13 inmates to death. In comparison, Arizona executed four inmates last year.






Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

AnneTheBelgian

http://www.azcentral.com/news/articles/2011/12/08/20111208arizona-executions-history-death-row.html?page=1

Copyright 2012 azcentral.com.

Arizona's history of executions

A rundown of inmates who were executed in Arizona since 1992



1. Don Eugene Harding

A defiant Don Eugene Harding was executed in 1992, becoming the first inmate to die in Arizona's gas chamber in 29 years. Harding's life was marked by a traumatic childhood that escalated to property crimes, then, in 1980, to a robbery-slaying of business partners Robert Wise and Martin Concannon in a Tucson motel room. Witnesses described his death as particularly violent, with the inmate thrashing against leather restraining straps.


2. John George Brewer

Brewer, who confessed to strangling his pregnant fiancee in 1987, was executed in 1993 in Arizona's new death chamber: lethal injection. His death ended his five-year effort to seek his execution as punishment for killing Rita Brier, who was 22 weeks pregnant when Brewer strangled her with a necktie. Unlike Harding, witnesses said he went peacefully.


3. James Dean Clark

Clark was put to death in 1993 for the murder of four people at Thumms' Cochise Lodge and Guest Ranch in 1977. He was the second Arizona inmate to die by lethal injection, which was approved by voters in a 1992 referendum, and the third to die since the state resumed executions after a 29-year hiatus. Two of the victims were Charles and Mildred Thumm, who had hired the wrangler.


4. Jimmie Wayne Jeffers

Jeffers, 49, was killed by lethal injection in 1995. He died in a fit of anger, his right hand frozen in an obscene salute. In 1976, Jeffers killed his girlfriend in Tucson by injecting her with an overdose of heroin that halted her breathing.


5. Daren L. Boton

Bolton, who raped and murdered a 2-year-old girl in 1986, showed no sign of fear, anger or remorse as he executed by lethal injection in 1996. Bolton, 29, had claimed his innocence all along but had fought appeals of his 1992 death sentence because he could not face the thought of life in prison. The parents of the victim, Zosha Lee Pickett of Tucson, witnessed the execution.



6. Luis Mata

Mata, 45, was executed in 1996 with a prayer on his lips. His execution was witnessed by the parents of his victim, Debra Lee Lopez, who was 21 when she was raped and killed in 1977. Mata and his brother, Alonzo, were convicted of murdering Lopez, who was beaten and raped at the Matas' apartment in Phoenix, then left in a ditch with her throat slashed.






Anne














"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

AnneTheBelgian

http://www.azcentral.com/news/articles/2011/12/08/20111208arizona-executions-history-death-row.html?page=1

Copyright 2012 azcentral.com.

Arizona's history of executions

A rundown of inmates who were executed in Arizona since 1992




7. Randy Greenawalt

Greenawalt, 47, a man convicted in the 1970s for the brutal murders of a Yuma family and truck driver, was administered a lethal injection in 1997. Greenawalt was a member of the infamous ''Tison Gang,'' which busted out of a unit at the Arizona State Prison at Florence in 1978. At the time of the prison break, Greenawalt was serving a life sentence for murdering a truck driver.




8. William Woratzeck

Woratzeck , 51, died by lethal injection in 1997, proclaiming his innocence until the end. Woratzeck was convicted in the 1980 slaying in Casa Grande of Linda Leslie, a 36-year-old mentally challenged woman to whom he rented a small apartment near his own trailer. Police said Woratzeck beat, stabbed and strangled Leslie. Then he set fire to her apartment and her body burned.



9. Jose Jesus Ceja

Ceja, 42, was executed by lethal injection in 1998 for the 1974 shooting of a young Phoenix couple during a theft of 70 pounds of marijuana. According to the case record, Ceja shot Linda Leon twice in the chest with a .22-caliber pistol, then dragged her body into a bedroom where he used a pillow to muffle four more shots in the head. When Randy Leon returned home, Ceja shot him four times.



10. Jose Roberto Villafuerte

Villafuerte was executed by lethal injection in 1998 for the murder of Amelia Schoville, a mother of three, in 1983. In his trailer, he beat her, kicked her skull until it fractured, then lashed her to a soiled mattress with shredded sheets.




11. Arthur Martin Ross

Ross, 43, was executed by lethal injection in 1998. He had been convicted of luring 26-year-old real estate agent James Ruble to a vacant Tucson office and shooting him in the head while robbing him. Ross rejected court appeals that could have extended his life.




12. Douglas Gretzler

After 25 years on death row, Douglas Gretzler, 47, was put to death in 1998. He was given two death sentences for the murders of a Tucson couple in November 1973 but confessed to killing 17 - nine at one time, including two children - during a monthlong rampage in Arizona and California with partner Willie Steelman.








Anne

"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

AnneTheBelgian

http://www.azcentral.com/news/articles/2011/12/08/20111208arizona-executions-history-death-row.html?page=1

Copyright 2012 azcentral.com.

Arizona's history of executions

A rundown of inmates who were executed in Arizona since 1992





13. Jess Gillies

Impatient and laughing, Gillies, 38 was executed in 1999 for the kidnapping, rape and murder of a Phoenix woman in 1981. Gillies and Michael David Logan overpowered Suzanne Rossetti, 23, after she offered them a ride, raping her repeatedly. They then took her into the Superstition Mountains, pushed her off a ledge and beat her over the head with a rock. Finally, they buried her, still alive.




14. Darrick Gerlaugh

Gerlaugh attracted national attention because he was the first Native American death row inmate permitted to use a sweat lodge for purification ceremonies. He was executed in 1999 for the 1980 slaying of 22-year-old Scott Schwartz, who had stopped for Gerlaugh and two other hitchhikers. The three men repeatedly ran over and stabed Schwartz.





15. Karl LaGrand

The case of LaGrand, a German national, attracted widespread attention in Europe, and his attorneys had selected death by gas as a grounds for reversal on appeal and to illustrate the horrors of the death penalty. But an hour before the execution, he chose lethal execution. Lagrand, 35, was put to death in 1999 for stabbing to death a Marana bank manager during a botched robbery attempt in 1982.






16. Walter Burnhart LaGrand

LaGrand, 37, was executed in 1999 despite protests from the German government and a flurry of international controversy over the death penalty. It was the state's first use of the gas chamber since 1992. A week earlier, his brother was executed for the same crime, killing a bank manager during a botched robbery attempt. Witnesses said his death by gas chamber was difficult to watch because he gurgled and cough violently.





17. Robert Wayne Vickers

At 41, the man who proclaimed himself ''Banzai Bob'' by carving the Japanese epithet in a victim's flesh had built himself into a bloody legend inside Arizona's prison system. He was put to death by injection in 1999 for the 1992 murder of a fellow death row inmate. He was cited for two murders, 158 other major violations, assaults on 12 corrections officers and some 20 inmates, numerous threats and about 40 counts of making weapons.





18. Michael Poland

Poland, 59, was executed by injection in 1999 more than two decades after he and his brother posed as highway patrolmen, robbed an armored car and killed its two guards. His lawyers had unsuccessfully tried to convince courts that Poland did not understand he was going to die and was therefore mentally incompetent to be executed. Asked if he had any last words, Poland said he was hungry.








Anne


"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

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