North Carolina Death Penalty News

[pizzpoor]

MORE JUDGES: North Carolina's legal morass over the death penalty entered another courtroom Monday, when Administrative Law Judge Fred Morrison agreed to consider a petition from defense attorneys for five death row inmates.

THE ARGUMENT: The attorneys want to argue their case against lethal injection before the Council of State, a panel of the state's top leaders. The lawyers said they should have been allowed to speak at a February meeting where the council approved a new method for carrying out a death sentence.

THE DECISION: Morrison ruled the inmates are "aggrieved parties" under state rules and denied a motion from the state Attorney General's Office, which wanted the judge to dismiss a petition filed by the inmates' lawyers. The judge said he will hold a hearing, then consider whether to affirm or reverse the council's decision. His decision will go back to the council.


Posted on: May 01, 2007, 02:18:14 PMId like to comment on this but Ill be damned if I understand it....except to say that apparently means no death penalty in NC for who knows how long, while  ANOTHER long winded court battle winds its way through.

[thefan]

With this saying the discussion is over the NEW method why cant the state AGO say fine forget about the new method, go back to the old and keep the executions going? Do we really care which method they use if they stick to the sentencing of the person?

[Jeff1857]

Judge: Medical Board Wrong to Punish Death Penalty Docs


The North Carolina Medical Board overstepped its authority in threatening to discipline any physician who participates in an execution, a judge said Thursday at the same time that he tossed the legal dispute over the state's death penalty back into the laps of state officials, ruling that the Council of State needs to review the protocol for executions.

Senior Administrative Law Judge Fred Morrison Jr. noted that the medical board was wrong to say it would punish doctors for assisting in executions and that the board's efforts shouldn't prevent the state from carrying out death sentences.

"Palliative care from a doctor to prevent unnecessary suffering, prior to a person being injected with lethal drugs which can cause excruciating pain, is not unprofessional or unethical," Morrison wrote in his ruling. "To threaten to discipline a doctor for helping in this manner is not regulating medicine for the benefit and protection of the people of North Carolina."

Morrison concluded the Council of State – comprised of the governor, lieutenant governor and eight other statewide elected officials – failed to hear arguments from those representing the condemned inmates before they approved a new "execution protocol."

"The essence of due process is the right to be heard," Morrison wrote in his decision. "It was not proper procedure to consider only documents and comments from those proposing the protocol and not hear from counsel for the condemned inmates."

Morrison ordered the council to reconsider its approval of the new protocol. A spokeswoman for North Carolina Attorney General Roy Cooper, who sits on the Council of State, said his office was reviewing the judge's decision.

Members of the medical board promise to uphold the state constitution and follow the Council of State when they take their oaths of office. Because the state allows the death penalty under certain circumstances, the medical board shouldn't try to block executions, Morrison wrote.

"It is part of North Carolina’s public policy, which is not to be stymied by a non-binding position statement," he wrote.

Medical board members are reviewing the ruling and had no comment on it, spokesman Dale Breaden said. The board stands by its policy on capital punishment, he said.

The medical board adopted the policy in January, saying that participating in an execution would violate a physician's code of ethics. Any physician who took part in an execution faced having his or her medical license suspended by the board, according to the policy.

State law requires that a doctor be present at executions to guarantee that a condemned inmate doesn't suffer, which would violate the constitutional prohibition against cruel and unusual punishment.

Superior Court Judge Donald Stephens ruled in January that the medical board's policy and the state's protocol for carrying out executions conflicted with each other, and he placed several planned executions on hold until the Council of State could resolve the matter.

The Council of State revised the execution protocol in February, calling for a more active role by doctors.

2 inmates sued the state over the new protocol, and Morrison ruled Thursday that the Council of State needs to revisit the protocol.

"The state has made a very important policy decision that we're going to execute people," said Lucy Inman, an attorney representing death row inmate James A. Campbell, who was scheduled to die in early February. "It's an important and profound policy decision, and if we want to have public confidence in our policy, we need to be sure that it's imposed fairly and properly."

The protocol shouldn't allow a prison warden to halt an execution in process and shouldn't let a warden use a single monitor to determine if an inmate is unconscious during the execution, Morrison ruled. He also said state officials need to receive input from death-row prisoners before approving a new protocol.

Easley told WRAL that he didn't think the Council of State should hear from attorneys for death-row inmates while reviewing the execution protocol. Given the backgrounds of the council members, he said the panel doesn't have the expertise to make a decision in the matter.

Easley has called the debate, which has involved the council, two state agencies, several courts and an independent regulatory panel, a "Gordian knot." He urged the state legislature to try and resolve the dispute, but lawmakers adjourned for the year earlier this month without taking any action.

(source: WRAL News)

[pizzpoor]

Tell me jeff.... In your opinion, does this article mean that the DP may resume again in NC? From what I read, it seemed to be doubletalk, maybe you understand it better than I do?

[Jeff1857]

You're probably right PP. I think this ruling just means the med board won't be able to take action against a doctor. Saying that, I am sure that the DOC might have a tough time finding a doctor to go with the written protocols. I believe this ruling is just trying to draw some battlelines. I sure as heck don't think executions will begin again soon but I hope I'm wrong on that.

[Granny B]

With this saying the discussion is over the NEW method why cant the state AGO say fine forget about the new method, go back to the old and keep the executions going? Do we really care which method they use if they stick to the sentencing of the person?

Hey, Fan, glad to see you back and posting.

[prodpgirl]

"He also said state officials need to receive input from death-row prisoners before approving a new protocol."

Needs the death row prisoners' opinions?  Wouldn't those be biased?

"We have a new protocol for your execution, we want to know what you think.  Do you approve?"   

[Peter]

Ok,

There's not so many Western Countries that have the dp anymore. So why don't the ones that have it use it effectively? (anti in practice, me).

Ok,

So it is against the oath of a doctor to administer a lethal dose or effectively kill someone. Why not have the law changed so that specialist qualified doctors can participate. Nope, they wouldn't be weirdos, sadists or sickos but people that were entrusted with carrying out the sentence of the law and proud to carry out the duty entrusted to them by the State.

Peter M.

[Jeff1857]

I don't have an answer to your question Peter. I have a better question though. Why can't all these states adopt Texas standards?They have it down to a fine science.

[Jeff1857]

Anti-death penalty forces are pushing the legislature in its final days to pass a law that would allow capital murder defendants to challenge prosecutors' decisions as racially biased. But to get such a law, death penalty foes may have to accept a move to restart executions, which have been stalled for more than a year.

Senate Democrats are talking among themselves about trying to pass a measure aimed at addressing racial bias in death penalty cases. The House has already passed a bill that would allow murder defendants to use statistical evidence to suggest that race is a significant factor in prosecutors' seeking the death penalty or in juries' imposing it. The state NAACP president is prodding senators to approve the measure.

If Senate Democrats move forward with it, Republicans see a chance to get something they've been fighting for — a provision that may allow the state to resume executions, which have been stalled for more than a year partly because the Department of Correction can't find doctors who'll take part in them, as the law requires. Last year, the N.C. Medical Board adopted an ethics policy that forbids doctors from doing anything more than being present at executions.

Sen. Phil Berger, the chamber's Republican leader, said the racial bias bill may allow the GOP to add a proposal that frees medical personnel to participate in executions without fear of disciplinary action.
------------------------------------------------------------------
Hopefully NC will be back on track soon.

http://www.mcclatchydc.com/200/story/44145.html

[Jeff1857]

A death row inmate singled out by Republican gubernatorial candidate Pat McCrory has responded.

At a recent debate, the Charlotte mayor said that the moratorium on the death penalty should be lifted, noting that the convicted killer of two Queen City police officers was still on death row.

"Listen, this is personal to me," McCrory said. "Two young police officers that were shot by one man with their gun, and this man has still not been dealt with even though a jury of his peers convicted him ... There's no reason we should have the moratorium right now."

At the debate, McCrory did not name the killer, Alden J. Harden, but he did name the police officers, Andy Nobles and John Burnette. Harden was sentenced to death in August of 1994 for the killings, which took place the previous October.

Contacted by Dome at Central Prison in Raleigh, he said in a handwritten letter that Charlotte police have killed "many unarmed young black men" in recent years.

"I am being dealt with," he wrote. "The moratorium is set to help make sure that more people like you and my so called peers don't take it 'personal' as well, but rather look at the law. Because everyone has a right to fight for themselves under the law."

He wrote that "there's every reason" to have a moratorium.

The full text of McCrory's remarks and Harden's response after the jump.

—————

Remarks of Republican gubernatorial candidate Pat McCrory on Aug. 19:

"I think law allows us to lift the moratorium on the death penalty. Listen, this is personal to me because we have several police officers that were killed in Charlotte over twelve years ago now, Officers Burnette and Nobles. Two young police officers that were shot by one man with their gun, and this man has still not been dealt with even though a jury of his peers convicted him for a crime that he did and he has yet to be dealt with. There's no reason we should have the moratorium right now."

Letter from death row inmate Alden J. Harden sent the week of Aug. 25:

PEER: One belonging to the same societal group, grade or status. One that is of equal standing with another ... I've yet to be convicted by a jury of ... my ... peers ...

Over the past twelve years, Charlotte police officers have shot, and killed many unarmed young black men.

Always being cleared after a "thorough" internal investigation.

That seems to hold no 'personal value' to you at all. I am being dealt with. The moratorium is set to help make sure that people like you and my so called peers don't take it 'personal' as well, but rather look at the law. Because everyone has a right to fight for themselves under the law. There's every reason we should have the moratorium right now.

Alden J. Harden
Death Row / Central Prison

http://projects.newsobserver.com/under_the_dome/death_row_inmate_responds_to_mccrory
-------------------------------------------------------------------
I sure hope Mayor McCrory gets to be our next governor.

[JeffB]

One way or the other, I'm sure the courts will work their way through this and we'll be able to proceed with the vaccines.

[pizzpoor]

THe Nuremburg war crimes trials went faster than this process has.

[JeffB]

Yeah really.  Well, I think we'll be back online after the 1st of the year.  Go Tarheels.

[Lloyd]

Yeah really.  Well, I think we'll be back online after the 1st of the year.  Go Tarheels.

GO AWAY TARHEELS  Far away.  And take the Dukies with you.

THe Nuremburg war crimes trials went faster than this process has.

I thought those went pretty fast.  Sure as hell they didn't dick around with carrying out the sentences.