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on: July 25, 2014, 08:53:04 AM 1 General Death Penalty / Scheduled Executions / Re: Joseph Rudolph Wood III - AZ - 07/23/2014 - Executed



Botched Execution Nothing to Lose Sleep Over



On July 24, 2014, in Muth's Truths, by Chuck Muth

So bleeding heart liberals are in a tizzy over the fact that it took almost two hours for Joseph Rudolph Wood to die after his lethal injection in Arizona on Wednesday.  His attorneys claim their client was “gasping and snorting” for an hour and death penalty opponents will certainly use this incident to complain of cruel and unusual punishment.

You know what I think is cruel and unusual?  What Wood did to land on death row in the first place, that’s what.

According to the Arizona Department of Corrections website, Wood “had been involved in a turbulent relationship for 5 years,” including “numerous breakups and several domestic violence incidents” with his ex-girlfriend, 29-year-old Debbie Dietz.

Twenty-nine years old.  Her whole life still ahead of her.  Now here’s the rest of the story…

“Debbie was working at a local body shop owned by her family. On August 7, 1989, Wood walked into the shop and shot Gene Dietz, age 55, in the chest with a .38 caliber revolver, killing him.

“Gene Dietz’s 70-year-old brother was present and tried to stop Wood, but Wood pushed him away and proceeded into another section of the body shop.

“Wood went up to Debbie, placed her in some type of hold, and shot her once in the abdomen and once in the chest, killing her. Wood then fled the building.

“Two police officers approached Wood and ordered him to drop his weapon. After Wood placed the weapon on the ground, he reached down and picked it up, and pointed it at the officers. The officers fired, striking Wood several times. Wood was transported to a local hospital where he underwent extensive surgery.”

So this guy beats up his girlfriend multiple times.  She breaks up with him.  He shows up at her place of business without warning.  Kills her unarmed father for no reason.  Kills his unarmed ex for breaking up with him.  Then tries to kill two police officers.

And I’m supposed to feel badly that this murderous piece of human garbage didn’t die a quick and totally painless death?

Wood got to live almost 25 years longer than the two people whose lives he snuffed out.  How are their murders not cruel and unusual punishment for both the victims and their families?

As for death penalty opponents who claim the death penalty is not a deterrent, let me assure you that thanks to the death penalty Joseph Rudolph Wood absolutely, positively, without a doubt, will never, ever murder an innocent person again.  He has been permanently deterred

As for the afterlife, I can only hope that when Wood reaches the Gates of Hades, Saddam Hussein is the greeter, takes a fancy to him, and makes him his boy-toy for eternity.

Rest in pain, Mr. Wood.  Rest in pain.

www.muthstruths.com

on: July 23, 2014, 01:06:27 PM 2 General Death Penalty / Scheduled Executions / Re: Donald Newbury - TX - 02/04/15

The group included the following Texas state prisoners:

Donald Keith Newbury, execution date set

Larry James Harper death via suicide to avoid capture by law enforcement (it worked  8)  )

George Angel Rivas, Jr. group leader, executed
Michael Anthony Rodriguez, executed (volunteer)

Joseph Christopher Garcia, Randy Ethan Halprin and Patrick Henry Murphy are all under sentence of death.

The wheels of justice often turn slowly even in the great state of Texas.

on: July 22, 2014, 11:42:28 AM 3 General Death Penalty / Scheduled Executions / Re: Donald Newbury - Tx - 02/04/15

Execution date set for ‘Texas 7' gang member Donald Newbury


Associated Press

Published: 22 July 2014 11:58 AM

Updated: 22 July 2014 12:30 PM

HOUSTON — One of the infamous “Texas 7” gang of escapees now has an execution date.

State District Judge Rick Magnis has signed an order scheduling 52-year-old condemned inmate Donald Newbury for lethal injection on Feb. 4.

Newbury and six other convicts engineered the biggest prison escape in Texas history when they broke out of a South Texas prison in December 2000. Eleven days later, on Christmas Eve, they killed Irving officer Aubrey Hawkins while robbing a sporting goods store in the Dallas suburb.

When the gang was captured in Colorado a month later, one member committed suicide as police closed in. The six others all received death sentences for Hawkins’ slaying. Two of them have been executed.

At the time of the escape, Newbury was serving 99 years for aggravated robbery.

www.dallasmorningnews.com

Time to get Donny Boy back out front.  8)

on: July 22, 2014, 06:51:06 AM 4 General Death Penalty / Scheduled Executions / Re: Joseph Rudolph Wood III - AZ - 07/23/2014

Arizona execution drug case heads to Supreme Court


By:  Associated Press

Posted: 2:09 PM, Jul 21, 2014
 
Updated: 5:32 PM, Jul 21, 2014

PHOENIX - A federal appeals court ruled Monday that Arizona cannot execute a death row inmate without providing detailed information about the drugs intended for his lethal injection, a decision that prompted state officials to say they will take their case to the U.S. Supreme Court.

The dispute centers on whether a man convicted of killing his estranged girlfriend and her father should have access to information the state of Arizona has refused to provide, and it comes amid nationwide scrutiny surrounding capital punishment.

Arizona officials lost their attempt to overturn a three-judge panel of the 9th U.S. Circuit Court of Appeals, which ruled recently that death row inmate Joseph Rudolph Wood "raised serious questions" about whether he should have "access to lethal injection drug information and executioner qualifications."

Arizona is among several states that refuse to disclose the supplier of their execution drugs, how or whether those drugs are tested, or details about the qualifications of the execution team.

Some of the most active death penalty states -- including Texas, Florida and Missouri -- have been the subject of similar lawsuits from virtually every death row inmate facing imminent execution over the past several months, but courts have rarely stepped in.

Wood, in winning the delay, argued that he had a constitutional right to know the withheld details about his execution.

Dale Baich, an attorney for Wood, convicted in the 1989 shooting deaths, said his team is "looking forward to Arizona turning over the information that we requested."  "The 9th Circuit has correctly recognized the importance of the information that Joe Wood sought," Baich said.

Arizona attorney general's office spokeswoman, Stephanie Grisham, however, said the state will file an application with the U.S. Supreme Court asking it to dismiss the ruling and allow prison officials to put Wood to death without any such disclosures.

If the Supreme Court does step in, death penalty experts say it's likely the 9th Circuit decision will be overruled.
   

Chief Judge Alex Kozinski, of the 9th Circuit, dissented from the decision Monday that led to the state's planned Supreme Court appeal.  "I have little doubt that the Supreme Court will thwart this latest attempt to interfere with the State of Arizona's efforts to carry out its lawful sentence and bring Wood to justice for the heinous crimes he committed a quarter century ago," Kozinski wrote.


www.abc15.com

The 9th has been pulling this crap for 30 years now...it is time for SCOTUS to step in and severely bitch slap them.

on: July 18, 2014, 07:52:21 AM 5 General Death Penalty / Executed Offenders (Graveyard) / Re: John Middleton - MO - 07/16/2014 - Executed

More last words and such...

For his last meal Middleton ate a cheeseburger, a pork steak, fries, apple pie and a chocolate milk shake.

on: July 17, 2014, 11:19:30 AM 6 General Death Penalty / Executed Offenders (Graveyard) / Re: John Middleton - MO - 07/16/2014 - Executed

Missouri Executes Convicted Murderer John Middleton After Delays


07/17/2014 04:24 AM

BONNE TERRE, Mo. -- Missouri inmate John Middleton has been executed after a series of final hour requests for stays and a delay were rejected by the U.S. Supreme Court.

Missourinet News Director Bob Priddy witnessed Middleton’s execution and reports the time of death was 7:06 p.m.  (Read his account below)

His execution for the murder of Alfred Pinegar in Northwest Missouri in 1995 was scheduled to have happened at 12:01 Wednesday morning but was delayed through the day by various court filings.

Middleton was also convicted and sentenced to death for the murders of Randy Hamilton and Stacey Hodge that same year.

After the Missouri Supreme Court strongly rejected Middleton’s claim that he was incompetent to be executed, his three requests for stay to U.S. Supreme Court Justice Samuel Alito were rejected.

Witness account by Bob Priddy:

Triple-killer John Middleton died peacefully at 7:06 p.m. yesterday evening, strapped to a gurney in the Bonne Terre prison’s death chamber after a frantic two-day effort by his attorneys to save his life.

Middleton was sentenced to death in 1997, two years after he murdered Alfred Pinegar.  He later was sentenced to death for the murders  of Randy Hamilton and Stacey Hodge, also in l995.

“You are killing an innocent man,” he said in his last statement.

Middleton barely moved as the lethal injection of pentobarbital was administered, turning his head slightly to the right after looking toward three members of his family when the curtains on the execution chambers windows were opened.  He showed no signs of distress or discomfort.

“Nineteen years seems like a long time to wait for justice,” said Michael Black, an uncle of Alfred Pinegar, after the execution, “It’s a lifetime for a little girl who had to grow up without her father…Our family has waited all this time, never forgetting that our son, grandson, uncle, nephew, father and best friend is not with us.”

“In those 19 years, we, as a family, have had to llive with the thoughts of John Middleton being able to enjoy a meal, the smell of spring in the air or any number of simple pleasures,” he continued, “These are things that Alfred, Randy and Stacey cannot enjoy . These simple things we cannot share with Alfred.”

Black said he can go to Pinegar’s grave “and tell him it’s done now; he has finally been punished for his crimes.”

Middleton, a methamphetamine user and dealer in northwest Missouri, murdered the three, considering them “snitches” who had informed law enforcement about his meth dealings.

His attorneys repeatedly filed appeals in the last few days, asserting that Middleton was mentally ill and delusional, therefore exempt from execution under federal standards that prohibit the execution of the mentally ill.  They also claimed a new witness, never identified, had stepped forward who could attest to Middleton’s innocence.

Although federal District Judge Catherine Perry twice issued stays, saying Middleton’s claims of insanity should be given proper judicial review, the 8th U. S. Circuit Court of Appeals overturned both of her stays.  The United States Supreme Court also rejected requests for stays.

The final hope for a stay, an appeal to the Missouri Supreme Court, was rejected about 5 p.m. in a withering opinion by a divided court (4-3) holding that a  doctor’s opinion about Middleton’s mental condition not  “even approaches a substantial threshold showing that Middleton suffers from…delusions”.  Instead, said the court, Middleton “plainly understands he is to be executed as punishment because he was found guilty of murdering his three victims; he simply believes “his chances of escaping execution.”

Events moved quickly after that decision.

According to a Corrections Department timeline, Governor Nixon denied clemency at 6:08.  The department was notified two minutes later than all pending petitions had been denied by the U. S. Supreme Court.   The rest of the timeline:

6:21-Middleton was moved to the execution chamber.

6:24-Execution warrant read to Middleton

6:37-Witnesses begin to move into their viewing positions.

6:52-U. S. Supreme Court denies an additional stay application

6:55-Prison officials get word of the action.

6:56-Attorney General Chris Koster gives go-ahead.

6:57-Governor Nixon says execution can proceed.

6:58-Injection of five grams of Pentobarbital begins.

7:00-Five minute timer set.

7:05-Medical personnel enter the chamber to look for vital signs

7:06-Middleton pronounced dead.

www.ozarksfirst.com

on: July 16, 2014, 12:25:10 PM 7 General Death Penalty / Executed Offenders (Graveyard) / Re: John Middleton - MO - 07/16/2014

Middleton stay to be lifted at 6 p.m.


July 16, 2014

A panel of the Eight Circuit Appeals Court has lifted a lower court’s stay of execution for John Middleton. But the order will not go into effect until 6 p.m. Middleton’s attorneys have asked for the full appeals court to review the findings.

The three-judge panel has put the stay in effect until 6 p.m. so Middleton’s legal team can take the case to the Missouri Supreme Court.

Middleton’s lawyers say he should not be executed because he is insane. Although a district judge ruled that the execution should be delayed until a hearing clears up that issue, the appeals court says the real test should be decided by the Missouri Supreme Court first.

The appeals court judges say District Judge Catherine Perry abused her position by granting an indefinite stay “because Middleton has not shown a substantial likelihood of success on the merits” of his federal claims. And it says federal courts cannot grant stays until Middleton has exhausted all of his claims in the state court system. The appeals judges say the way the federal court rules on a stay can be influenced by the findings of the state court.

Middleton remains in his small cell about fifty feet from the execution chamber at the Bonne Terre prison. The warrant for his execution is good until 11:59 tonight.

www.missourinet.com

on: July 16, 2014, 10:42:30 AM 8 General Death Penalty / Executed Offenders (Graveyard) / Re: John Middleton - MO - 07/16/2014

Appeals Court Vacates Stay in Missouri Execution


BONNE TERRE, Mo. — Jul 16, 2014, 1:05 PM ET

By JIM SALTER Associated Press

A federal appeals court has vacated a stay of execution for a Missouri death row inmate, and the case is now heading to the U.S. Supreme Court.

John Middleton was originally scheduled to die one minute after midnight Wednesday for killing three people in rural northern Missouri in 1995.

U.S. District Judge Catherine Perry granted a stay less than two hours before the execution, ruling there was enough evidence of mental illness that a new hearing should take place.

The 8th U.S. Circuit Court of Appeals ruled Wednesday that the execution could proceed, but Middleton's attorneys appealed to the U.S. Supreme Court.

Missouri law allows a 24-hour window for executions. That means if Middleton has not been executed by midnight Thursday, the Missouri Supreme Court would need to set a new execution date.

www.abcnews.com

on: July 16, 2014, 08:19:46 AM 9 General Death Penalty / Executed Offenders (Graveyard) / Re: John Middleton - MO - 07/16/2014

The 2nd stay issued by the federal judge is still in effect.  It was made too late for the 8th to respond to the AG's appeal.  Since the 8th lifted the 1st stay and SCOTUS wouldn't intervene it would seem that the X will proceed when all the hoops are jumped through.  MS has until midnight today to carry it out.

on: July 16, 2014, 07:39:36 AM 10 General Death Penalty / Stays of Execution / Re: Henry Watkins "Hank" Skinner - TX

Judge: DNA doesn't help Skinner case


Posted: July 15, 2014 - 4:44pm

By Jim McBride   

Convicted capital murder defendant Henry Watkins Skinner likely would have been convicted in a 1993 Pampa triple slaying even if his original defense attorney introduced DNA testing results from evidence recovered at the crime scene, a judge ruled Tuesday.

In a decision Tuesday, 31st state District Judge Steven Emmert said he had reviewed DNA laboratory reports, findings presented by the state and defense, testimony from forensic experts and other documentation before ruling against Skinner and his defense team.

“The court finds that the DNA testing results are not favorable to Henry W. Skinner because, had the results been available during the trial of the offense, it is reasonably probable that Skinner would nevertheless been convicted,” Emmert wrote in his ruling, which adopted proposed findings of fact submitted to the court by Texas Attorney General Greg Abbott’s office.

In 1995, a Tarrant County jury convicted Skinner of capital murder in the New Year’s Eve 1993 beating death of Twila Jean Busby, 40, and the stabbing deaths of her sons — 22-year-old Elwin “Scooter” Caler and 20-year-old Randy Busby.

Skinner, who later was sentenced to death by lethal injection, has claimed he was too intoxicated to kill the trio because he drank vodka and took codeine the night of the killings.

Attempts to reach Skinner’s attorneys for comment were unsuccessful Tuesday, but Abbott’s office said Skinner should now face the death penalty.

“Today a judge confirmed once again what the state has said all along: it is clear from all the evidence that Hank Skinner is guilty of the murder of Twila Busby and her two sons,” Lauren Bean, a spokeswoman for Abbott’s office, said in a statement. “It has been almost 20 years since he was convicted and sentenced to capital punishment for the murders. Skinner got the additional DNA testing he asked for, and it further confirmed his guilt. It is time for Skinner to face his court-ordered punishment and quit delaying justice for his victims’ families.”


Earlier this year, Emmert conducted a two-day hearing in Pampa over defense claims that DNA evidence in the case pointed to someone else.

Attorneys for the state argued in proposed legal findings filed in June that a bevy of DNA evidence in the case pointed solely to Skinner as the killer of his girlfriend and her two sons.

Skinner, 52, came only 20 minutes from execution in 2010 before the U.S. Supreme Court issued a stay of execution. After extensive legal wrangling, the state of Texas and Skinner’s defense team agreed in 2012 to conduct further DNA testing of evidence gathered from Twila Busby’s home at 804 E. Campbell St. in Pampa.

In its briefs, the state cited DNA results as evidence of Skinner’s guilt, including samples found on a storm door and eight samples from a bloody knife identified as the murder weapon. Skinner’s DNA profile appears on eight locations on the knife and no other “unidentified foreign” DNA profile was found on the weapon, according to the state.

“Regardless of any explanation that might be offered for innocent contact or transfer of DNA, the reported results consistently show that Skinner’s DNA is mixed in blood on the murder weapon in all locations tested,” the state said in its brief to the judge.

The defense, in its brief, presented an alternate theory as to how Skinner’s DNA was found on the blade used in the boys’ slayings. The defense noted that Skinner reportedly had suffered a knife cut prior to the slaying.  ;D

“If the bloody kitchen knife was used to inflict Mr. Skinner’s injury, his blood could easily have migrated from its blade to its handle, a phenomenon regularly encountered in cases involving stabbings. It also could have been transferred there during the swabbing process in the laboratory,” the defense argued.  ;D

Skinner’s attorneys also contend that scientific evidence established that no mixture of Skinner’s blood and that of the victims was found in the boys’ bedroom and none of Skinner’s blood was found in a blanket covering Randy Busby’s body.  ;D

“Particularly in light of those facts, a juror could reasonably conclude that Mr. Skinner’s DNA at various locations in that bedroom shows that he was there, but only after someone else had stabbed Mr. Busby,” the brief states. “What the post-trial DNA testing adds to that conclusion is that the blood on his hand was only his own and not that of any of the victims — which to a reasonable juror would make it seem less — not more — likely that Mr. Skinner was the murderer.”  ;D

www.amarillo.com

on: July 15, 2014, 07:04:31 AM 11 General Death Penalty / Scheduled Executions / Re: Joseph Rudolph Wood III - AZ - 07/23/2014


Court to hear Arizona death row inmate's appeal
 

Updated 6:49 pm, Monday, July 14, 2014

PHOENIX (AP) — Attorneys for an Arizona death row inmate are asking a federal appeals court to postpone their client's execution until officials reveal details about the two-drug combination that will be used to put him to death.

The lawyers for inmate Joseph Rudolph Wood filed a brief Monday at the 9th Circuit Court of Appeals in a bid to delay the July 23 execution.

Wood is asking the appeals court to reverse a lower court's decision last week that rejected arguments that the prisoner's First Amendment rights were violated by the state's refusal to reveal the drugmakers and other details.

Attorneys for the state argue there is no First Amendment right to the information Wood sought.

Wood is scheduled to be executed for the August 1989 shooting deaths of his estranged girlfriend, Debra Dietz, and her father, Eugene Dietz, at an automotive shop in Tucson.

Wood's lawyers argue that their client has a First Amendment right of access to non-confidential information connected to executions, which are already open to journalists to attend. They also contend that the access to the executions themselves extends to documents related to such executions.

The appeals court will hear arguments in the case on Friday.
   
www.newstimes.com

Keep playing that drug secrecy card ambulance chasers and all your boyfriends will end up dead.

on: July 11, 2014, 07:12:26 AM 12 General Death Penalty / Scheduled Executions / Re: Joseph Rudolph Wood III - AZ - 07/23/2014

Arizona inmate's bid to postpone execution denied


July 10, 2014 - 10:05 PM

By JACQUES BILLEAUD, Associated Press

PHOENIX (AP) — A federal judge on Thursday denied an Arizona death-row inmate's request to postpone his July 23 execution until officials reveal details about the two-drug combination that will be used to put him to death.

U.S. District Judge Neil Wake rejected Joseph Rudolph Wood's argument that his First Amendment rights were violated by the state's refusal to provide the information, such as the makers of the drugs and how the state developed its method for lethal injections.

"The court concludes that the First Amendment does not provide a right to access to the specific information Wood seeks," Wake wrote in his 15-page ruling.

Wood's lawyers said prison officials violated their client's First Amendment rights by refusing to provide the detailed information. Attorneys for the state argued there was no First Amendment right to the information Wood sought.

"Every citizen, including death row prisoners, has First Amendment rights," Wood's attorney, Dale Baich, said after the judge's ruling. "On appeal, we will ask the Ninth Circuit to order Arizona to comply with the First Amendment and disclose information about its execution process before it conducts human experimentation on Mr. Wood."

The arguments by Wood's attorneys are an example of a new legal tactic in death penalty cases, which emerged as states face problems getting supplies of lethal-injection drugs.

In the past, states used the same three-drug combination and didn't have problems getting access to the drugs, until the maker of a sedative used in executions decided not to make it anymore. Then, states started to shield the identity of the drug makers.

Arizona prison officials intend to use the sedative midazolam and painkiller hydromorphone.

In October, another federal judge ordered Arizona officials to provide more information on the drugs it planned to use in two death penalty cases. The judge had ruled the inmates had established a First Amendment right to the information, such as the drug's manufacturer. Prison officials released the information, and both inmates were executed shortly thereafter.

Wood, 55, is scheduled to be executed for the August 1989 shooting deaths of his estranged girlfriend, Debra Dietz, and her father, Eugene Dietz, at an automotive shop in Tucson.

Wood and Debra Dietz had a tumultuous relationship in which he periodically assaulted her. Wood fatally shot Dietz's father in the chest. Dietz was on the phone calling for help when Wood grabbed her around the neck and shot her in the chest. Wood acknowledged his role in the killings, but he said they weren't premeditated.

www.cnsnews.com

on: July 10, 2014, 04:41:34 PM 13 General Death Penalty / Executed Offenders (Graveyard) / Re: Eddie Wayne Davis - FL - 7/10/14

Last words and such...

Davis made no final statement.

He ate a last meal of chopped steak with onion gravy, home fries, Brussels sprouts, corn, cherry ice cream and a Dr. Pepper.

Factoids...

Davis was the 7th inmate executed in Florida this year and the 88th since executions resumed.
His was the 24th US execution in 2014 and the 1383rd since 1976.

The skinny...

As a Missouri condemned inmate before him, Davis appealed that a medical condition would render LI cruel and unusual punishment.  The 8th Circuit bought it for Missouri but the 11th for Florida did not...lights out.

on: July 10, 2014, 09:25:40 AM 14 General Death Penalty / Executed Offenders (Graveyard) / Re: Eddie Wayne Davis - FL - 7/10/14

Florida man to be executed Thursday for raping, strangling girl


Thursday, July 10, 2014, 12:02 PM

TALLAHASSEE - A Florida man who confessed to the rape and murder of a child is scheduled to die by lethal injection on Thursday.

Another convicted murderer in Georgia had his death sentence also due to be carried out on Thursday commuted to life imprisonment.  >:(

Their cases follow a string of executions in the U.S. South last month including those of two other men in Florida and Georgia.

Florida's Eddie Wayne Davis, 45, was sentenced to death in Florida after he admitted to taking an 11-year-old girl from her mother’s home, sexually assaulting and strangling her in 1994.

Davis confessed three times to the murder of Kimberly Waters, who was found strangled in a dumpster. He was 25 years old at the time of her killing but his defense team claimed that he was mentally still a juvenile.

The Georgia man, Tommy Lee Waldrip, was convicted of the 1991 shooting death of a man who had been scheduled to testify against his son in an armed robbery trial.

Waldrip, 68, shot Keith Evans, then beat him to death and set his truck on fire, according to trial testimony. Evans had worked as a clerk in the store Waldrip’s son had allegedly robbed.

Both Davis and Waldrip lost court appeals this week seeking to halt their executions. But the Georgia Board of Pardons and Paroles on Wednesday granted Waldrip clemency and commuted his death sentence to life without parole.  >:(

It was the fifth death sentence commuted by the Parole Board since 2002 and the first since April 2012.

The board typically does not cite reasons for its decisions. Age could have been a factor in the decision as Waldrip would have been the oldest person to be executed in Georgia since the U.S. Supreme Court reinstated the death penalty in 1976.

The Florida Supreme Court on Monday rejected Davis' claim that a metabolic blood disorder known as porphyria might cause him to have a painful reaction to midazolam, the first of three drugs used by the state in executing convicted killers.

Davis would be the seventh person executed in Florida this year while Waldrip would have marked Georgia's second death row execution of 2014.

Read more: http://www.nydailynews.com/news/crime/florida-man-executed-thursday-raping-strangling-girl-article-1.1861868#ixzz375E1xTib

on: July 08, 2014, 11:13:15 AM 15 General Death Penalty / Inmates Removed From Death Row / Re: Tommy Lee Waldrip - GA - 7/10/14

Waldrip loses another appeal to stop execution


By Rhonda Cook The Atlanta Journal-Constitution

A federal judge has rejected murderer Tommy Lee Waldrip’s appeal to stop his lethal injection set for Thursday evening, finding that a successful execution of another man three weeks ago invalidates the claim that not knowing the source of the drug to be used puts Waldrip at risk of an unconstitutionally painful death.

Senior U.S. District Judge William O’Kelley repeatedly referenced in his order Tuesday the findings of another federal judge who heard the appeal of Marcus Wellons, who was put to death June 17 by a drug made specifically for him by a compounding pharmacy that was not identified.

Wellons also argued that Georgia’s secrecy law threatened his Eight Amendment protection from cruel and unusual punishment because he could not verify the quality of the drugs made by an unidentified compounding pharmacy.

“There has been no indication that anything untoward happened then,” O’Kelley said about Wellons’ execution, which was the first since Georgia law made a state secret the identities of the source of lethal injection drugs and the anyone who participated in the execution. “The (Department of Corrections), operating under the current drug protocol as well as the secrecy act, has carried out an execution which was undisputedly successful from an Eighth Amendment perspective.”

O’Kelley said Waldrip could not argue there was a “substantial likelihood” that his death could be unconstitutionally painful in light of “the reliability of the DOC’s source for pentobarbital and its personnel” in the Wellons execution.

In their last-minute appeals, Waldrip’s lawyers are making the same arguments they made last month as Wellons’ execution approached. Both times lawyers for the condemned challenged the 1-year-old law that was adopted to get around the difficulty of finding lethal injection drugs in light of the nationwide increasing public pressures on the companies that make them.

Georgia has never named the compounding pharmacy that made the sedative pentobarbital for Wellons’ and now Waldrip’s executions.

www.ajc.com

Waldrip should change ambulance chasers...everyone of them that played the drug secrecy card watched their boyfriends get snuffed.  8)
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