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OHIO IS ALLOWED execute a condemned killer seven years after prison authorities tried and failed to do it the first time.
Romell Broom cried in pain after receiving 18 needle sticks during a 2009 botched execution that was called off after two hours.
The Ohio Supreme Court has now ruled by a vote of 4-3 that the state prisons agency can carry out a second execution.
In doing so, the court rejected arguments that it would amount to cruel and unusual punishment and double jeopardy.
Prosecutors had argued double jeopardy doesn’t apply because lethal drugs never entered Broom’s veins while executioners unsuccessfully tried to hook up an IV. They also said a previously unsuccessful execution attempt doesn’t affect the constitutionality of his death sentence.
Broom’s solicitors called the ruling disappointing and said they were exploring “additional legal remedies.”
Ohioans to Stop Executions, the state’s largest anti-death penalty group, called on Gov. John Kasich to commute Broom’s sentence to life without parole.
With a federal appeal of the ruling likely, a second execution is years away. In addition, Ohio already has more than two dozen death row inmates with firm execution dates but no lethal drugs to use on them.
Broom was sentenced to die for raping and killing 14-year-old Tryna Middleton after abducting her in Cleveland in 1984 as she walked home from a football game with two friends.
Justice Judith Ann Lanzinger sided with the state in the case, saying the execution never began because the drugs weren’t administered.
“Because Broom’s life was never at risk since the drugs were not introduced, and because the state is committed to carrying out executions in a constitutional manner, we do not believe that it would shock the public’s conscience to allow the state to carry out Broom’s execution,” Lanzinger wrote.
The majority opinion said it was unclear why Broom’s veins couldn’t be accessed, a fact that brings the rejection of his appeal into question, Justice Judi French wrote in a dissent:
If the state cannot explain why the Broom execution went wrong, then the state cannot guarantee that the outcome will be different next time.
His 2009 execution was stopped by then-Governor Ted Strickland after an execution team tried for two hours to find a suitable vein. Broom has said he was stuck with needles at least 18 times, with pain so intense he cried and screamed.
An hour into the execution, the Department of Rehabilitation and Correction recruited a part-time prison doctor with no experience or training with executions to try — again, unsuccessfully — to find a vein.
Broom, 59, has been back on death row since. No new execution date has been set.
Broom’s appeals in federal court were on hold while the state court heard the constitutional arguments.
Broom was told of the decision and is in good spirits, said defence attorneys Timothy Sweeney and Adele Shank.
The state’s top public defender said it’s long been understood that the government gets one attempt at an execution.
“Whether you believe it’s the hand of God or just basic government failure, as happened in this case, they don’t get to do this again,” said Tim Young, head of the Ohio Public Defender’s Office.
The 18 times Broom was stuck with needles as he lay strapped to a gurney demonstrate the execution had begun, said Kevin Werner, executive director of Ohioans to Stop Executions.
The governor’s office wasn’t yet aware of the group’s petition or request for mercy, said spokesman Joe Andrews.
Relive the pain
Requiring Broom to endure another execution attempt would double up his punishment by forcing him to relive the pain he’s already been through, Shank and Sweeney argued last year.
During a June hearing, Chief Justice Maureen O’Connor asked Shank about a prison official’s testimony that Broom may have caused the problems with his veins by ingesting an entire box of antihistamines the day before to dehydrate himself.
Shank, in seeking to rebut the state’s argument about purposeful hydration, said she saw Broom drinking coffee the day of the execution. Chris Schroeder, an assistant Cuyahoga County prosecutor, said the antihistamines allegation was not part of the state’s argument.
In 1947, Louisiana electrocuted 18-year-old Willie Francis by electric chair a year after an improperly prepared electric chair failed to work. The US Supreme Court ruled 5-4 to allow the second execution to proceed, rejecting double jeopardy arguments.
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It’s going to be gas when he gets away with this as well.
@Trust The Chalice: Gets away with what? Using the wrong word.
@M Co: been a see you next Tuesday…
@M Co: there are none so blind as those who cannot see.
@Trust The Chalice: Obama the slayer followed by Trump the betrayer. Betrayed every woman in his life. Betrayed and alienated his staff from day one. Betrayed the FBI. Betrayed the CIA. Betrayed his friend and lawyer Cohen. Betrayed all his business partners and employees. Betrayed the Kurds to the benefits of Daesh. Has constantly betrayed his country since he has taken up office to the benefits of the chief puppet master Vladimir. In fairness though he hasn’t betrayed the FSB yet. I wonder why?
@Trust The Chalice: Get away with what? Quick!! Call the word police!! I’m offended!!
Lynch syndrome, also known as hereditary non-polyposis colorectal cancer is a type of inherited cancer syndrome associated with a genetic predisposition to different cancer types.
The Jack Lynch Tunnel is an immersed tube tunnel and an integral part of the N40 southern ring road of Cork in Ireland.
Lynch: Irish: reduced Anglicized form of Gaelic Ó Loingsigh ‘descendant of Loingseach’, a personal name meaning ‘mariner’.
That’s enough Lynching for today.
@Sean O’ Donovan: comment of the week!! :)
@Sean O’ Donovan: ha ha ha I was wondering where you were going with that, it’s been a long day I clearly need sleep
@Devilsavocado: for 13 people….maybe!
I know very little about lynching but did some research on the back of this. Came across the Jesse Washington lynching in 1916 and am not the better for it. How anyone could use the term lynching to describe anything other than a brutal murder by an angry mob is just incredibly sad. America has tumbled under this reality TV president. The Chinese and Russians must be looking on with glee.
Alexandria Ocasio-Cortez says it’s best……
“It is atrocious that the President would refer to one of the most horrifying, violent practices of white supremacists to pretend he is a victim of anything but his own actions.”
That man outstupids himself…every singe day! Amazing!
@Paul Furey: quoting a looney. Nice!
@Paul Furey: coming from a genius that’s on record for saying the world is going to end in 12 years.
L’homme d’orange est mauvais.
Yup, Trumpys as persecuted as black people have historically been in the US. totally apt comparison.
@GrahamMManning: It would be incorrect to assign the term and the action to only one race in US history.
@Mary Morrisey: 72.65% is fairly high to be fair.
@Mary Morrisey: proportionately, in respect of lynching, it would not. But you stay classy trying to defend Trumpy on this one as well as all the others.
The more he attacks these probes and impeachment the more guilty (guiltier didnt look like a real word) he looks
This is a Cliff Clavin (Cheers) moment, but…
Eh… there’s a widly supported theory that the term lynching is Irish in origin & may be derived from an event in 1493 when James Lynch FitzStephen, the mayor of Galway, strung up his own son from an upstairs window of his house for murdering a young Spanish house guest, who the young Lynch FitzStephen feared might become a rival for the attention of his girlfriend.
I did not know that this word was only reserved for African-Americans who experienced lynching in the past and that use of the word in any other context was considered racism…. Race-baiting dims at it again.
@Jack Simpson: the guy cant even sneeze without the media and irrelevant readers in other countries twisting it.
@Jack Simpson:Remember when Trump tried to lynch those 5 innocent black teenagers ? I do
@David: It would insult some snowflake somewhere I’m sure.
If you cant do the time Trump, dont do the crime. (In other words, stop wingeing like a spoilt child Trump)
@Dave Harris: what crime? There have only been alleged crimes.
@Jack Simpson: if it walks like a duck…….
@Terry Cahill: No evidence needed in that case!
Trump being lynched, Boris being ditched, almost a bit of a poem forming.
Did not the republicans not attempt to impeach Bill Clinton? Short memory i guess.
@Tim Pot: Bill Clinton committed federal crimes. Big difference.
@Jack Simpson: What federal crimes were those,kiddo ?
@Jack Simpson: Trump has committed treason. A much greater crime. Putin’s sock puppet has done everything asked by Vladimir. He even supported Putin over the CIA. A treacherous act committed in pube. When did another US president do such a thing? Never . He is the greatest US traitor since the Rosenbergs and they got to ride old sparky.
@SteoG: public not pube. .
@SteoG: “Trump has committed treason”
It’s easy to make statements but you’ll have to back them up with evidence. How exactly did he support Putin and in what way was it treasonous?
@Will: One example is publicly taking up the side of Putin over the CIA. Hosting members of the Russian kleptocracy in the Oval Office and allowing their unsecured electronic devices. Track his money and investors Russian oligarchs who use him as a dirty money laundry. Plenty of evidence. Dr Timothy Snyder is a highly regarded historian who specialises in Russia and Eastern Europe. His recent work The Road to Unfreedom outlines plenty more evidence including sources
https://www.theguardian.com/books/2018/apr/15/the-road-to-unfreedom-russia-europe-america-timothy-snyder-review-tim-adams
@SteoG: You are making grand statements but that’s about it. I don’t see any solid evidence of treason.
If the evidence is out there and available to everyone why have the Democrats not started an official impeachment process?
@Will: The USA is weak on treachery since the Rosenbergs. If a Russian citizen cooperated with any Western agency to the same degree they would be bathed in novichok or served polonium tea as you well know.
The evidence of treachery is clear, it is impeccable. The fact that you refuse it does not negate it. Timothy Snyders book presents and provides impeccable sources. What the cowardly Democrats do is neither here nor there. Russian state security and its Internet warriors are out in force spreading denials. I am sure that you and your fellow colleagues would like your chief asset to continue the good work.
@SteoG: You’ve been watching too many James Bond movies. The way you’re going on you’d think Putin resides under a volcano, plotting to destroy the world.
@Jack Simpson: No I don’t. I can just as easily assert that you’re watching too much RT. He is a lying authoritarian kleptocrat not a reasonable person. He has been doing everything in his power to destabilise and interfere with anybody he deems an enemy. The way your going on you’d think he is your employer.
The Democrats had no problems referring to Clinton’s impeachment as a lynching back in 1998 and the media reported it without anybody losing their tiny minds.
As crass and insufferable as Trump is it’s sad to see the Democrats and the media collectively lose any sense of perspective due to their hatred of the man.
If they played a straight game they’d have a much better chance of getting rid of him.
.
So, should he be lynched then?
@Paraic: eh, no. Why would you ask that?
@Paraic: No, of course not, just impeached.
@GrahamMManning: If he thinks it’s the same as impeachment…
@Paraic: ah ok. Fair nuff but still no.
String him up
@Damien Kearns: except he loves comments like that. I’m no DT fan but Clarke is OTT here. The phrase ‘lynch mob’ is frequently used without racial intent.
@Alan McArdle: not in America.
@Nyantoon Chol: That is the part that some people are clearly struggling on,.
@Alan McArdle: whether he meant the racial undertones or not, its STILL a stupid comparison. This guy’s persecution complex is unreal! Congress is following a constitutional process. Lynch mobs are angry, murderous mobs intent on extracting their own vicious justice. No comparison. Period.
@Nyantoon Chol: absolutely !
@lambda sensor: “Congress is following a constitutional process”
Congress is not following any kind of constitutional procedure here. The house has not voted on impeachment therefore the current behind closed doors inquiries amount to little more then a Democrat publicity stunt and is in fact a kangaroo court (without any judicial power).
If they were so sure of their position on impeachment they would hold a proper vote and the process would be conducted out in the open.
@lambda sensor: cool the jets there, pal. He hasn’t the brains to realise the undertones of what he says but to jump on it and blowing it up to something that likely wasn’t intended does his opponents no favours
Draining the swamp as trump put it, Is coming back to bite him in the ass!
@Aaron Jones: He is the swamp.
Croc o shite
have your say