Judge Tosses Oklahoma’s Death Penalty Law

 

I know one new bill I’m probably going to be voting on this year.

Oklahoma County District Judge Patricia Parrish has ruled the state’s death penalty law unconstitutional. Judge Parrish found that Oklahoma’s law violated due process because it blocked inmates from learning the names of the companies that manufacture the drugs used in executions.

Drugs used in executions are becoming more scarce because overseas companies refuse to make them due to their objections to the death penalty, and domestic manufacturers want to avoid the controversy surrounding the issue. Attorneys for death row inmates had requested information about the drug manufacturers as part of discovery for what sounds like a potential appeal.

I would guess that there will be legislation to deal with this before the House this year. I am opposed to the death penalty, which makes me part of a tiny minority in the Oklahoma legislature. In fact, I am the only Oklahoma legislator who opposes abortion, embryonic stem cell research, euthanasia and the death penalty. I guess that makes me the only 100% pro life member of the Oklahoma legislature.

My advice to Oklahoma’s death row inmates is to be careful what you wish for. If the drugs for “painless” executions become unavailable, our Oklahoma legislators are perfectly capable of restoring older methods of execution such as the electric chair, firing squads or hanging.

From the Associated Press:

OKLAHOMA CITY (AP) — An Oklahoma judge ruled the state’s execution law unconstitutional Wednesday because its privacy provision is so strict that it that prevents inmates from finding out the source of drugs used in executions, even through the courts.

After condemned inmates gasped or complained they were “burning” during executions in January, inmates Clayton Lockett and Charles Warner asked Oklahoma prison officials who was making the drugs that would kill them and whether the material was pure.

However, under state law, no one is allowed to disclose the source of drugs used in a lethal injection — even if an inmate sues and seeks the information as part of the discovery process. Oklahoma County District Judge Patricia Parrish said that prevents the inmates from exercising rights under the Constitution.

“I think that the secrecy statute is a violation of due process because access to the courts has been denied,” Parrish ruled.

The supply of drugs used in lethal injections has dried up in recent years as European manufacturers object to their use in executions and U.S. companies fear protests or boycotts.

Some death-penalty states have sought to buy or trade drugs with other states, and some have turned to compounding pharmacies that face less scrutiny from federal regulators. Many, like Oklahoma, made the process secret, too, to protect their suppliers.

Oklahoma Pharmacy Says It Won’t Provide Drugs for Missouri Execution

 

An Oklahoma pharmacy, The Apothecary Shoppe, says it will not provide drugs for the Missouri execution of Michael Taylor. The execution in scheduled for February 28.

Mr Taylor’s attorneys filed suit against The Apothecary Shoppe in an effort to stop them from providing the drugs. Taylor pled guilty to the kidnapping, rape and murder of a 15-year-old girl.

This story raises all sorts of interesting questions. It’s one thing to support the death penalty and another to take part in an execution. A lot of people support the death penalty in theory and have not thought through the ramifications of what it actually involves.

My personal feeling is that Pope John Paul II’s teaching on this subject are exactly right. The death penalty is not necessary to protect the public. We can lock these people up and never let them out again.

I read Ann Rule’s book about Ted Bundy because Bundy is the single best argument for the death penalty I know of. He escaped from incarceration twice. During the second escape, he committed a number of heinous murders, including the rape and murder of a child that he abducted from her school. This murder is the one for which he was finally executed. If we can’t keep these guys locked up, then the death penalty is a necessity.

From FoxNews.com:

An Oklahoma pharmacy has agreed not to provide Missouri with a made-to-order drug for an inmate’s execution scheduled for later this month, according to court documents filed Monday.

According to the documents, The Apothecary Shoppe, of Tulsa, will not prepare or provide pentobarbital or any other drug for use in Michael Taylor’s execution. The documents ask a judge to dismiss the case that Taylor’s lawyers had filed against the pharmacy seeking to stop it from providing the execution drug. A hearing is scheduled for Tuesday.

Taylor’s attorney, Matt Hellman, said that as part of the deal, the pharmacy acknowledged it has not already provided any drug to the Missouri Department of Corrections for the execution, which is scheduled for Feb. 26.

The department and the Missouri attorney general’s office did not immediately return calls Monday night seeking comment about the agreement or the status of Taylor’s execution.

Missouri Gov. Jay Nixon indicated last week that the state has drugs to carry out Taylor’s execution. Nixon, speaking at a news conference Thursday, did not directly answer “yes” or “no” when asked about availability of the execution drug but said, “In order to complete that ultimate responsibility, that’s necessary. The Department of Corrections is prepared to carry out that execution.”

Taylor pleaded guilty to abducting, raping and stabbing to death a 15-year-old Kansas City girl in 1989.


CLOSE | X

HIDE | X