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Messages - Jacques

1
At least once something pleasing to this website.

2
Darla Caughman's Killer - Evil Was Too Close to Home

On September 30, I told you about the death of Darla Lorene Caughman. She was found stabbed to death by the woman hired to help care for her son. Last Thursday, a man was arrested in connection with the murder -the caregiver's boyfriend. That's right, Darla Caughman's body was found by the girlfriend of her killer. The caregiver introduced her boyfriend to Mrs. Caughman. The boyfriend performed odd jobs around the Caughman residence.

The alleged killer, Leon Markel Winston, was connected to the crime by DNA evidence. He was easy to apprehend for this crime, as he was already locked up for credit card fraud. Winston, 41, is being held without bond for the September 27 homicide of Darla Caughman, 62. Leon Markel Winston is a man worthy of the death penalty. Winston, as described by OSBI agent Jessica Brown, is an "evil, evil man." Winston stabbed Darla Caughman in the neck with such force that he cut her trachea. The knife he used to kill her lodged in her spine. Then, according to Brown, he "stomped on her chest so hard that nearly every rib in her body was broken."

The health care worker has not been charged. One can't help but wonder if she had a clue as to what she would discover upon entering the residence. Authorities did say the woman alerted authorities to Winston's possible involvement.

Winston has a long list of arrests and convictions. He's a wanted man in North Carolina. Winston  has a record there including convictions for larceny (several, in fact), larceny of a motor vehicle, breaking and entering, prostitution related charges, assaulting women, threats, resisting arrest, robberies, numerous bad checks, forgery, assault on police, and other charges. He is listed as an absconder in North Carolina. He's also wanted in Tulsa, Oklahoma and in Kentucky.

It appears this man was able to gain the trust of Darla Caughman. He used that trust to gain access to her home. He killed her in a most brutal way. An injection of justice waits for Leon Winston. I hope he makes it to the table.
http://crimeshadowsnews.com/main/2008/10/darla-caughmans-killer-evil-was-too-close-to-home/


BUT NOW .................

Winston waives right to jury trial

A murder suspect has waived his right to a jury trial. In exchange, the district attorney withdrew the options for the death penalty, which means prosecutors will try for a life sentence without parole.

During Tuesday's motion hearing Leon Markel Winston, who is accused of killing Darla Lovern Caughman on Sept. 27, 2008, told District Judge Jeff Payton that he didn't want to face a jury trial. Instead Winston will have a bench trial before Payton on Oct. 18.

John David Luton, first assistant district attorney, said he and Winston's family spoke at length about the decision to remove the bill of particulars.

"Everyone was in agreement. Winston went on record about waiving his right to a jury trial to avoid the death penalty. We will be seeking a sentence for life without parole," Luton said.

The state offered Winston the life without parole sentence to avoid the death penalty and a trial. Winston wouldn't accept the plea at the time.

"The state offered him a life without parole sentence last month to avoid the death penalty and a trial," Craig Corgan, Indigent Defense attorney, said.

Corgan and Corbin Brewster are the defense attorneys for Winston through the Oklahoma Indigent Defense System.

"We advised Mr. Winston to accept that plea. We will do our best to represent him, but that is better than going to a jury trial," Corgan said previously.

Winston is accused of the stabbing and blunt force trauma death of Caughman at her home north of Sallisaw. Her daughter and a health care worker found Caughman's body early in the morning. Caughman was lying in a pool of blood in the bathroom of her home. The state medical examiner reported Caughman was stabbed in the neck and severely beaten. Either injury would have caused her death, the medical examiner reported.

In Winston's preliminary hearing on the charges it was testified that he knew Caughman through a healthcare worker who helped Caughman take care of her disabled son. Some witnesses testified that Winston helped Caughman around her home, but other witnesses testified that Mrs. Caughman had expressed fear of the suspect.

Winston has been held in the Sequoyah County Jail without bond since his Oct. 10, 2008, arrest
http://www.sequoyahcountytimes.com/view/full_story/9678306/article-Winston-waives-right-to-jury-trial?instance=home_news_bullets

Best

Jacques
3
Oklahoma Execution Drug Shortage Takes New Twist

Associated Press

OKLAHOMA CITY (AP) -- Oklahoma's effort to execute two men with just one dose of the usual sedative has taken another twist.

State attorneys said the one dose of sodium thiopental will be used on Donald Ray Wackerly II, who is scheduled to be executed Oct. 14 for the 1996 murder of a fisherman during a robbery in rural Sequoyah County.

Prison officials had planned to use their only dose of sodium thiopental on a different inmate, Jeffrey David Matthews, awaiting execution Oct. 16 for murdering his great uncle during a 1994 McClain County burglary.

On Thursday, Judge Stephen P. Friot denied a request to postpone Wackerly's execution, but he set an Oct. 8 hearing for attorneys to argue whether Wackerly should die by lethal injection on schedule or whether the execution date should be delayed.

9/16/2010 Related Story: Pardon And Parole Board Says 'No' To Oklahoma Death Row Inmate

The developments also bring into question what sedative would be used on Matthews if the sole dose of sodium thiopental is administered to Wackerly.

Oklahoma's lethal injection protocol calls for the sedative to be administered first, followed by a drug to halt breathing and then a drug to stop the heart. The usual sedative is sodium thiopental.

Earlier this year, the only U.S. company that manufactures the sedative announced production of the drug would stop until next year.

In Oklahoma, the shortage has caused scheduling problems.

After two previous stays for evidentiary reasons, Matthews, 38, was scheduled to die Aug. 17 for the murder of Otis Earl Short, 77.

On the eve of Matthews' scheduled execution, state prison officials announced there was not a usable dose of sodium thiopental. Prison officials planned to use a substitute sedative, Brevital.

Matthews' attorneys said Brevital is untested and may not be a humane alternative. Hours before Matthews was scheduled to die, Friot issued a stay until Oct. 16. A hearing was set for Oct. 15.

Earlier this month, attorneys with the state attorney general's office said Oklahoma had obtained a dose of sodium thiopental and earmarked it for Matthews' execution. Prison officials planned to administer Wackerly, 40, a different sedative, pentobarbital. Wackerly is schedule to die for the 1996 murder of Pan Sayakhoummane, who was shot eight times and left in the Arkansas River.

Wackerly's attorneys asked for a stay of execution, saying pentobarbital in combination with the other drugs has not been done before in executions and could be inhumane.

In Thursday's hearing, state attorneys told Friot the dose of sodium thiopental can be used on Wackerly. Friot ruled a stay was not warranted.

A hearing in the Matthews' case is scheduled for Oct. 15, but no indication was given on what sedative would be used on him.
http://www.newson6.com/Global/story.asp?S=13216956
Best

Jacques
4
Oklahoma Execution Drug Shortage Takes New Twist

Associated Press

OKLAHOMA CITY (AP) -- Oklahoma's effort to execute two men with just one dose of the usual sedative has taken another twist.

State attorneys said the one dose of sodium thiopental will be used on Donald Ray Wackerly II, who is scheduled to be executed Oct. 14 for the 1996 murder of a fisherman during a robbery in rural Sequoyah County.

Prison officials had planned to use their only dose of sodium thiopental on a different inmate, Jeffrey David Matthews, awaiting execution Oct. 16 for murdering his great uncle during a 1994 McClain County burglary.

On Thursday, Judge Stephen P. Friot denied a request to postpone Wackerly's execution, but he set an Oct. 8 hearing for attorneys to argue whether Wackerly should die by lethal injection on schedule or whether the execution date should be delayed.

9/16/2010 Related Story: Pardon And Parole Board Says 'No' To Oklahoma Death Row Inmate

The developments also bring into question what sedative would be used on Matthews if the sole dose of sodium thiopental is administered to Wackerly.

Oklahoma's lethal injection protocol calls for the sedative to be administered first, followed by a drug to halt breathing and then a drug to stop the heart. The usual sedative is sodium thiopental.

Earlier this year, the only U.S. company that manufactures the sedative announced production of the drug would stop until next year.

In Oklahoma, the shortage has caused scheduling problems.

After two previous stays for evidentiary reasons, Matthews, 38, was scheduled to die Aug. 17 for the murder of Otis Earl Short, 77.

On the eve of Matthews' scheduled execution, state prison officials announced there was not a usable dose of sodium thiopental. Prison officials planned to use a substitute sedative, Brevital.

Matthews' attorneys said Brevital is untested and may not be a humane alternative. Hours before Matthews was scheduled to die, Friot issued a stay until Oct. 16. A hearing was set for Oct. 15.

Earlier this month, attorneys with the state attorney general's office said Oklahoma had obtained a dose of sodium thiopental and earmarked it for Matthews' execution. Prison officials planned to administer Wackerly, 40, a different sedative, pentobarbital. Wackerly is schedule to die for the 1996 murder of Pan Sayakhoummane, who was shot eight times and left in the Arkansas River.

Wackerly's attorneys asked for a stay of execution, saying pentobarbital in combination with the other drugs has not been done before in executions and could be inhumane.

In Thursday's hearing, state attorneys told Friot the dose of sodium thiopental can be used on Wackerly. Friot ruled a stay was not warranted.

A hearing in the Matthews' case is scheduled for Oct. 15, but no indication was given on what sedative would be used on him.
http://www.newson6.com/Global/story.asp?S=13216956
Best

Jacques
5
Execution of Butler County man to set record in lethal-injection era

COLUMBUS -- If Michael Benge is lethally injected as scheduled on Wednesday, Ohio will execute the most prisoners in one year since 1949.

Sixty-one years ago, 15 men were put to death in the state's electric chair, now retired.

In the modern era '" since the state resumed capital punishment in 1999 '" the most executions in one year, until this year, was seven in 2004.

The pace of executions has picked up in the past two years in Ohio. Another is scheduled for Nov. 16 (Sidney Cornwell of Mahoning County). Gov. Ted Strickland granted clemency in two other death-penalty cases.

More executions are scheduled early next year. In addition, the Ohio public defender's office says an additional 20 or so death-penalty cases are close to exhausting all appeals, meaning that execution dates could be set in the near future.

Benge, 49, of Butler County, was convicted and sentenced to death for murdering his girlfriend, Judith Gabbard, on Jan. 31, 1993. He beat Gabbard with a tire iron, threw her body into a river and drained her modest bank account.

Strickland has not decided on Benge's clemency request. However, it appears unlikely that the governor will spare his life. The Ohio Parole Board voted 9-0 against clemency, concluding that Benge 'lied to investigators and to the court, and he continues to circumvent the system by telling partial truths to this Parole Board in order to convey remorse and responsibility.'

Unlike Kevin Keith, the Bucyrus man convicted of a triple slaying who was granted clemency by Strickland last month, Benge has attracted no groundswell of legal or popular support.

He would become the 41st person executed since 1999 and the 356th since the state began executions by electrocution in 1897. Killers were hanged before that.

Ohio executions peaked between 1920 and 1949, when 218 people were put to death.
http://www.daytondailynews.com/news/crime/execution-of-butler-county-man-to-set-record-in-lethal-injection-era-964392.html

Best

Jacques
6
Good news Jeff

Best

Jacques
7
Introductions / Re: Greetings
October 04, 2010, 03:45:25 PM
Welcome at home

Best

Jacques
8
Some more information aboutCalifornia death penalty and this case ..........


Here I have found a photo from Susan Jordan

and here California will put this POS down (I hope fast)

San Quentin's new $835,000 lethal injection facility


San Quentin State Prison in Marin County
San Quentin state prison houses California's death row and its execution chambers.


The new lethal injection facility, which used to be a visiting area, is located near San Quentin's death row. The key to the facility is kept in the prison's main control room, in a locked box secured under glass. The new facility cost $835,000 and was completed in March 2008.


Final holding cell

The condemned inmate spends his last six hours before execution in this cell, where there's a radio and a tv he can watch through the bars (no cable). The inmate also eats his last meal here--which can run up to $50 (by comparison, a San Quentin inmate usually eats for less than $3 a day).


Lethal Injection Control Room

The control room, where injections are mixed. The drugs are then fed in tubes through holes in this wall into the room where the inmate receives the drugs through a catheter.


Mixing area

Chemicals are kept in a safe. Three people know the combination, which is changed after every execution. Drugs that require a cool temperature are kept in a fridge protected by a locked metal box--three people have access to the key.


Wall between control room and the room where the inmate is strapped to a gurney

California uses a three-drug procedure to administer death: the first is an anesthetic, meant to make the inmate sleep. After the first drug is administered, a staff member must shake the inmate to see if he or she is unconscious. Then another dose of anesthetic is administered and the inmate is again checked for consciousness. If he or she appears to be asleep, a paralyzing drug is administered that prevents the inmate from moving. And finally, two doses of potassium chloride kill the inmate. (A saline solution is also used throughout.) If the inmate at any point wakes up, the process starts over again.


Control room phones

A judge clears the way for executions to resume in California after over four years.


Witness box one of three

Official witnesses sit in front. The media stands behind the rope during an execution. A sound system broadcasts the inmate's last words, after which the sound system is turned off.


Witness box two of three

To the left of the media room, a separate area holds up to five of the inmate's family and friends.


Witness box three of three

To the right of the main witness area, there's a special viewing area for members of the victim's family. The glass in this room is one-way: the inmate and the media cannot see the victim's family members. There's some controversy about the separate viewing areas--traditionally, the media has reported on witnesses' reactions to the execution, which will no longer be possible.


Lethal Injection Room

Best

Jacques
9
Byron Williams: California must eliminate the death penalty
By Byron Williams
Contributing columnist
Posted: 10/03/2010 12:01:00 AM PDT
http://www.mercurynews.com/columns/ci_16230568?nclick_check=1

FOR NEARLY five years, as the courts debated the method by which California would execute those on death row, the state has managed to survive without capital punishment.

It appeared last week that streak would come to an end, as California prepared to execute Albert Brown.

Brown, 56, is condemned to die for raping and strangling 15-year-old Susan Jordan, who disappeared while walking to school in Riverside in 1980.

Though Brown has received a temporary stay, it seems to be only a matter of time before California is back in the execution business.

The death penalty is arguably the most emotional and least judiciously applied public policy we possess. No other issue comes to mind where public support is driven almost solely by how an individual feels.

The emotion around this issue is so great that Attorney General Jerry Brown, a longtime opponent of capital punishment, assured California voters that he would not allow his personal beliefs to prohibit him from carrying out the law if he is elected governor.

The death penalty is an issue where emotion is more important than facts.

It is more expensive than life without the possibility of parole, there is no credible data to suggest that it saves lives, chances are that inmates on death row will die of natural causes before lethal injection and it has an error percentage, regardless of how low it is, that remains too high for any developed nation.

Ambitious and irresponsible politicians will contend that we must do away with the so-called frivolous appeals process. That too is an emotional petition; and if it were administered, would make capital punishment even more barbaric.

Because the death penalty is most often debated on the terrain of emotion those of us in opposition are erroneously portrayed as caring more for the perpetrator than the victim's family. What can any rational human say in defense of the crime of which Albert Brown has been convicted?

Moreover, there is nothing anyone can say or do that will heal the gaping hole that victim's families must courageously seek to close.

Every public policy is vulnerable if it is to be debated at the margins. I know of no responsible death penalty opponent who wants those who have committed such gruesome crimes to be released.

Is Albert Brown the reason we should maintain a policy that is ineffectual at best? Or should the death penalty be measured by its cost and any potential error percentage above zero that should be unacceptable for the state?

According to a report released by the ACLU, California taxpayers pay at least $117 million annually at the post-conviction level seeking execution of those on death row, translating to $175,000 per inmate per year. The ACLU report estimates the execution of all inmates currently on death row or waiting for them to die naturally -- which for most is the case -- will cost California an estimated $4 billion.

I don't mourn for Albert Brown, but I am saddened for a state that leads the nation in so many areas, but remains blinded by emotion as it advocates for a policy that simply does not work.

The fact is we already ostensibly have life without parole. We are just maintaining the cost of the death penalty, while executing a few, to maintain the illusion.

We don't need further debates on the efficacy of lethal injection; the death penalty as a policy needs to simply be eliminated.

As I have stated before, the death penalty is driven by what former Federal Reserve Chairman Alan Greenspan defined as "irrational exuberance." Just as Greenspan used the term as a warning against overvalued stocks, I would argue that the importance placed on death penalty policy is also overvalued.

The thirst for revenge blinds us to certain realities. Those who are poor, who cannot afford adequate legal representation, people of color as well as those who suffer from mental illness or mental retardation, comprise the majority of those who receive the death penalty.

That is not justice despite what ambitious politicians claim.

Life without the possibility of parole saves precious taxpayer money while removing emotion from the public policy equation.

Best

Jacques
10
DEATH PENALTY
We need injection of common sense

On Oct. 28, 1980, Albert Greenwood Brown snatched Susan Jordan, 15, raped and strangled her with her own shoelace. Brown, who was on parole after raping a 14-year-old girl, then spent the night tormenting the dead girl's parents over the phone, telling them that they would never see their daughter again and where to find the girl's half-nude corpse and belongings. A jury sentenced him to death for that crime.

Last Wednesday, almost 30 years later, Brown was scheduled to be executed.

Of course, it didn't happen. Various judges intervened, the state's meager supply of lethal-injection drugs was about to expire - and so California's death penalty is on hold until 2011.

There hasn't been an execution in California since January 2006. In February of that year, federal Judge Jeremy Fogel essentially ordered a de facto moratorium on California's three-drug lethal-injection protocol because there was "undue risk" - not that he knew if it had ever happened - that a condemned murderer could "suffer excessive pain when he is executed."

In April 2008, the U.S. Supreme Court ruled 7-2 that Kentucky's three-drug lethal injection protocol is constitutional. Yet Fogel's injunction continued to prevent executions as California officials scrambled to reconfigure the lethal-injection protocol under a Superior Court judge's order.

No matter which course the state chooses, taxpayer-funded appellate attorneys have managed to block justice - and on the taxpayer's dime.

Last month, Fogel issued a ruling to allow California's new lethal injection protocol to proceed. Brown's attorneys argued that under the three-drug protocol, Brown might suffer pain after the initial injection of Sodium Pentothal. Ohio dealt with that argument by moving to a one-drug injection of that drug. Death penalty opponents complained that Ohio wanted to do drug testing on humans.

Likewise, Brown's attorneys protested that the new protocol was "untested." (Be it noted, there is only one way to test it.)

Fogel gave Brown the option of opting for a single-drug option. His lawyers protested that Brown was given a too "short time frame" to decide. And they prevailed.

On Thursday, I talked to state Chief Justice Ron George. His court also issued a ruling that stayed Brown's execution, this one on a narrow timing issue.

George told me, "I'd say, when the authorities end up procuring the second dose of lethal drug, I don't see why we shouldn't have executions resume."

Why is it, I asked, that Ohio has managed to execute 32 people since 1999, but California has used capital punishment only 13 times since 1977? (My answer would be: the Ninth Circuit Court of Appeals.)

"We have a system that is dysfunctional," George answered. It was George who once famously said, "The leading cause of death on death row in California is old age."

Oddly, at Tuesday night's gubernatorial debate, neither Democrat Attorney General Jerry Brown nor Republican former eBay CEO Meg Whitman seemed particularly exercised about the delays.

Brown posited that the delays are "too lengthy." He then cited George's past calls to hire more personnel to handle the backlog, "because under the Constitution, these men who are condemned have a right to first-class representation." (Actually, George told me, "The operative word is effective representation, not first-class.")

Kent Scheidegger, legal director of the Criminal Justice Legal Foundation, blogged that Brown "seems to have swallowed the defense spin on the issue, hook, line, and sinker."

Whitman promised to be "a tough-on-crime governor." But she seemed most concerned about the money issues when she said that if the state can't speed up the process, "we are going to be on the brink of building another death row facility."

This isn't an issue of prison construction costs. The anti-death-penalty lobby is committed to burning through so much time and taxpayer money that voters cry uncle and give up on the death penalty because they're sick of bankrolling frivolous appeals that successfully thwart capital punishment even though the U.S. and California supreme courts have ruled it to be constitutional.

When they've won on the death penalty, they'll start trying to shave time from life-without-parole sentences, which they also consider to be inhumane - on your dime as well.

The next governor needs to understand these forces and not give in to the siren song of inertia. But I don't think either Jerry Brown or Meg Whitman understands what is at stake.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/10/03/INB71FKUNK.DTL&feed=rss.news

Best

Jacques
11
Sister says only the execution of Hamilton man will bring them peace.

Kathy Johnson talks about the death of her sister, Judy Gabbard, who was killed by Michael Benge in1993 in Hamilton. Johnson shared her thoughts on her sister Judy, and Benge, who is scheduled to be executed on Oct. 4.



HAMILTON -- Michael Benge, a Hamilton man scheduled to be executed next month, has told multiple accounts of the death of his estranged girlfriend, Judy Gabbard.

Kathy Johnson, Gabbard's sister, and Butler County prosecutors doubt any version is the actual truth, including a new spin he told the Ohio Parole Board recently during his clemency hearing.

During questioning by police and at trial, Benge told several versions of what happened during the early morning hours of Feb. 1, 1993, including two men in a Bronco robbed and then beat Gabbard. Another was that Gabbard started a fight when he asked for her ATM card and she tried to run him down, resulting in him swinging in self-defense.

Benge told the parole board Aug. 26 via video conference that he was going to tell the truth, offering an apology for the pain he had caused his family and Gabbard's family.

Benge said on Feb. 1, 1993, he had taken Gabbard's ATM card while they were in a bar. The couple argued over his crack cocaine use and decided to drive to the river and talk things out. While at the river, slaps were exchanged and Benge said he hit her seven to 10 times with a tire iron after she got out of the car. He then dragged her body to the water, weighed her down with a rock and put her in the river, according to his statement.

Gabbard was found in the river with a 35-pound block of cement on her head and chest. A tire iron was discovered in the river about 15 feet from her body. Benge later turned up at a friend's house soaking wet. When police caught up with him, he still had Gabbard's ATM card.

Butler County Prosecutor Robin Piper said none of Benge's versions stand up to the evidence.

"He also doesn't demonstrate emotion," Piper said. "He knows the words to use, but he has never demonstrated he is sorry."

Piper said the jury's verdict from 17 years ago needs to be carried out.

"In my mind, Judy is not resting, because there still has not been justice for Judy," he said.

The parole board's report recommended executive clemency not be granted because Benge lied to investigators and the court and continues to circumvent the system by telling partial truths to the board to convey remorse and responsibility.

Benge's children, now adults, spoke on their father's behalf. Michael Benge, who was 7 when the elder Benge went to prison, said his father still has a lot to offer, even if he spends the rest of his life in prison.

Jennifer Prillo and Randall Porter of the Ohio Public Defender's Office presented arguments on Benge's behalf, stating he suffers from a brain impairment that is a result of his extensive drug use and the physical abuse he suffered during his childhood.

Others said Benge has made something of his life while in prison, getting his GED and becoming active in church groups.

Johnson said that means nothing to her, but she said she does feel sorry for his children.

"They were wonderful children. My sister loved them," she said.

Johnson wipes away tears while watching a video tribute to her sister. The video features photos of Gabbard with her large family. It was presented by the family to the parole board.

"What he did to my sister was the cruelest thing," Johnson said. "I truly believe he is heartless, never going to tell the truth."

Johnson said she will be present to witness Benge's execution.

"I think it will be some closure and comfort, knowing that after all these years, there will be justice," she said. "Knowing once he takes his last breath, justice will be done."

Now, only Gov. Ted Strickland can grant Benge clemency.
http://www.middletownjournal.com/news/crime/family-may-never-know-truth-about-womans-death-932879.html


This part I have cut from his clemency Report (Page 6)
http://www.drc.ohio.gov/Public/benge_clemency_a276821.pdf

Best

Jacques
12
Another Day Another Killing
It was an ugly crime.  They all are.
 


Michael Benge beat his girlfriend, Judith Gabbard, viciously with a tire iron.Then he weighted her body down and dumped it in a river.  He stole her ATM card and used it to take $400 from her account.  Then he tried to blame the whole mess on a couple of other folks.
An ugly crime, like I say.
And so the, er, good people of Ohio want and intend to murder Michael Benge on Wednesday.  Which whether they recognize it or not, will be another ugly crime.  Cold.  Calculated.  Aggravated Murder in violation of Ohio Revised Code Section 2903.01(A) which prohibits the purposeful taking of a life with prior calculation and design.
Of course, we've been there (here?) before.
If Benge is killed as planned, and there's every reason to think it will happen, his will be the 41st execution in Ohio since we started killing in 1999.  It will be the 8th this year.  Only Ohio and Texas (with 16) have more than 4.  Since executions resumed nationally with the killing of Gary Gilmore in Utah, Ohio's 40 rank it 10th nationally, and moving up the list fast.  The next closest state in the north, our neighbor Indiana, has killed 20.
If you believe in the death penalty, maybe you think that's acceptable.  Maybe you think it's a good thing.  Maybe you wish we'd kill more. 

But even then, even if you believe it's OK for the government to kill in our name, maybe all this makes you a little uncomfortable.
The Parole Board held a hearing in Benge's case, as they do before every execution whether the condemned wants a hearing or not.  (Someone has to provide the family of the victim with a public opportunity to express their outrage and demand another killing.)  They interviewed Benge, who gave a full confession and expressed remorse.  The state said he couldn't be remorseful now because he rejected a plea deal 18 years ago.  (If you can wrap your head around that, more power to you.)
Other killers who did similar crimes are serving life sentences.  Oops, says the state, maybe they should be killed, too.  But surely we must kill Benge.
He had family and friends say how much he meant to them and plead for his life.  She had family and friends explain how much she meant to them and plead for his death.
The Parole Board opinion is a unanimous statement, that he should be killed.

    The Parole Board considered all of the written submissions, arguments, information disseminated by presenters at the hearing, the interview with the applicant, prior investigative findings as well as judicial decisions and deliberated upon the propriety of clemency in this case.  Clemency in the form of a commutation is not recommended in this case for the following reasons:

        * There is no question that the victim was beaten to death during the commission of an Aggravated Robbery because Benge wanted to gain control of the victim's ATM card.
        * Benge lied to investigators and the court, and he continues to circumvent the system by telling partial truths to this Parole Board in order to convey remorse and responsibility.
        * Benge admits that this case is a capital case, which refutes any proportionality claim regarding other Butler County cases.
        * Benge received a fair trial as supported by all appeals courts who have reviewed the conviction and sentence.
        * Benge does have tremendous family support, and he has had limited institutional rules infractions; however these factors do not outweigh the brutality and aggravating circumstances of the offense, or the impact this offense has had on the victim's family.

Sure.  If you believe that everything the state said is true, then everything Benge said that conflicts even a little must be a lie.  And if he lies, he's just trying to save his life.  And if all he wants is to save his life, he should be killed.
You know, if you've followed this blawg even a little, that I'm unalterably opposed to the death penalty.  For moral and policy and practical and other reasons, I think it's a terrible idea. And what we do is, essentially, random and meaningless.
When you look at this crime or that crime, this person or that one, it's hard to see meaningful distinctions.  The killings are pretty much all ugly.  They are, certainly, all unnecessary, senseless, irrational.
The Green River Killer is doing life for the murder of 48 people.  Zacarius Moussaui is doing life for his part in the killing of 3,000.  Find me the logic that says Michael Benge should be killed if they are not.
Oh, but they should be, you may say.  Except that isn't what's happening.  It's random and chance.
Is there a groundswell of support?  Does the governor care about that?  Is Dr. Petit screaming for blood?  Does the newspaper editorialize about the case?  Is there evidence of innocence?  Enough?  To satisfy someone who matters?
The constitutional issue of capital punishment is the Cruel and Unusual Punishment Clause of the 8th Amendment.  Really, it should be a question of due process because principles of due process protect against government action that is arbitrary and capricious, and nothing is more arbitrary, nothing more capricious.
When the Parole Board's opinion in Benge's case came out, Alan Johnson wrote the story in the Columbus Dispatch.  It was, he notes, a unanimous decision: 9-0.

    While the vote is similar to the last case handled by the board -- an 8-0 recommendation against clemency for Kevin Keith -- the similarities end there.

    There was a groundswell of support for Keith's claims of innocence for a triple murder in Bucyrus. Gov. Ted Strickland commuted his sentence to life in prison.

    Other than his attorneys and family, Benge has no one lobbying for his life.

So he's easy to kill.  Just another body.  41 for Ohio.  1228 for the nation.  That many random killings.  A few of them wholly innocent.  Others guilty of less than they were convicted for.  All of them victims of the chance that said, "kill that one" when it might as easily have said, "spare him."
http://gamso-forthedefense.blogspot.com/2010/10/another-day-another-killing.html

Don't expect clemency from Governor Ted. 

Best

Jacques
13
The Department of Rehabilitation and Correction has a sufficient quantity of the single drug used in lethal injections for the two remaining executions scheduled for this year.

"We have no reason to be concerned for the executions for calendar year 2010,'' Julie Walburn said.

That covers Michael Benge of Butler County on Oct. 6 and Sidney Cornwell of Mahoning County on Nov. 16.

No executions are scheduled in December and January, but dates have been set for February and March. . And the department has been asked by the courts to hold open monthly dates for new executions from April through October, Walburn said.

A national shortage of thiopental sodium has executions to be delayed in several states, most recently Oklahoma and Kentucky. Only Texas, which has the most executions of any state, has a sufficient supply.

Last December, Ohio became the first state in the nation to switch to a one-drug lethal injection protocol from one involving three drugs. The state of Washington has since made the same change.

Walburn said the state will not use the alternative or fallback method of intramuscular injections as the primary means of executions. That method, which used other drugs, is only to be used if the single-drug method fails, she said.

Best

Jacques
14
Introductions / Re: Greetings To All Of You
October 04, 2010, 08:18:33 AM
Welcome at Home  :-*

Best

Jacques
15
Hey Mr. Benge .......... some BAD news!

The Department of Rehabilitation and Correction has a sufficient quantity of the single drug used in lethal injections for the two remaining executions scheduled for this year.

"We have no reason to be concerned for the executions for calendar year 2010,'' Julie Walburn said.

That covers Michael Benge of Butler County on Oct. 6 and Sidney Cornwell of Mahoning County on Nov. 16.

No executions are scheduled in December and January, but dates have been set for February and March. . And the department has been asked by the courts to hold open monthly dates for new executions from April through October, Walburn said.

A national shortage of thiopental sodium has executions to be delayed in several states, most recently Oklahoma and Kentucky. Only Texas, which has the most executions of any state, has a sufficient supply.

Last December, Ohio became the first state in the nation to switch to a one-drug lethal injection protocol from one involving three drugs. The state of Washington has since made the same change.

Walburn said the state will not use the alternative or fallback method of intramuscular injections as the primary means of executions. That method, which used other drugs, is only to be used if the single-drug method fails, she said.

http://www.dispatch.com/live/content/local_news/stories/2010/09/23/26-execution-drug.html?sid=101

Best

Jacques