US court: Inmate who survived '09 execution can be put to death

[webfact]

Court: Inmate who survived '09 execution can be put to death
By ANDREW WELSH-HUGGINS

COLUMBUS, Ohio (AP) — The state can try again to put to death a condemned killer whose 2009 botched execution was called off after two hours, the Ohio Supreme Court said Wednesday.

The court by a 4-3 vote rejected arguments by death row inmate Romell Broom, whose attorneys said giving the state prisons agency a second chance 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.

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 put them to death with.

Justice Judith Ann Lanzinger sided with the state in the case, saying the execution never began because the drugs were never 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," French said.

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.

His 2009 execution was stopped by then-Gov. 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's appeals in federal court were on hold while the state court heard the constitutional arguments.

Broom, 59, has been back on death row since. No new execution date has been set.

A message was left with Broom's attorneys seeking comment. 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," Tim Young, head of the Ohio Public Defender's Office, said Wednesday.

Ohioans to Stop Executions, the state's leading anti-death penalty group, criticized the ruling, saying the 18 times Broom was stuck with needles as he lay strapped to a gurney demonstrate the execution had begun.

Requiring Broom to endure another execution attempt would double up his punishment by forcing him to relive the pain he's already been through, his attorneys, Adele Shank and Timothy Sweeney, argued in a court filing 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 U.S. Supreme Court ruled 5-4 to allow the second execution to proceed, rejecting double jeopardy arguments. A state's administration of its criminal law isn't affected by due process rights, when "an accident, with no suggestion of malevolence, prevents the consummation of a sentence," the court ruled at the time.

Ohio prosecutors said lower courts properly determined that any mistakes happened during Broom's execution preparations, not the actual procedure.

Schroeder said the evidence shows that the state wasn't deliberately trying to hurt Broom and that nearly two dozen successful executions since 2009 mean such an event couldn't happen again.


-- (c) Associated Press 2016-03-17

[Catoni]

"Broom has said he was stuck with needles at least 18 times, with pain so intense he cried and screamed."

Cried and screamed from the needle pain ? ? Oh... the poor man..... I don't feel sorry for the animal at all.. I feel sorry for his victim very much...

I wonder how much fear and pain the 14 year old girl that he raped and murdered went through ? ?

Stuck with needles? ? I've been a blood donor for years....( O neg.... so they love my blood) they use big thick needles in your veins...doesn't hurt....at most I feel an itch feeling with the needle in me.

And none of my travel vaccinations hurt...

My Sak Yant tattoos from a Buddhist monk outside of Chiang Mai hurt a lot more... and I went back to him on two other occasions for more..

[kamahele]

The death penalty should be abolished. It is not a deterrent as it was marketed to America years ago and it makes "us" just like "them" (killers). This guy has already been put to death. The procedure was a horrible, painful failure. Enough already.

[roblam]

Despite punishment being a just means for achieving closure, it is sad to see it rendered 32 years later. Is the long wait part of the punishment concept for death row inmates? Reflecting on what they did and what's to (inevitably) come certainly seems so.

[SOTIRIOS]

...wow....isn't he supposed to be set free.....

[MyFriend You]

Thailand doesn't use the death penalty as much as they used too - I witnessed a public execution in Ban Chaang in the seventies of a Thai convicted of killing a US Air Army Colonel - tied him to a pole and shot that man full of holes - no 'secret bullet in rifle' in that squad.

[chickenslegs]

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.

Broom has suffered far less than his victim - and has lived 32 more years.

Time he got what he deserves.

[Catoni]

The death penalty should be abolished. It is not a deterrent as it was marketed to America years ago and it makes "us" just like "them" (killers). This guy has already been put to death. The procedure was a horrible, painful failure. Enough already.

As a Buddhist, I don't agree with the death penalty either. But I've yet to see a executed man kill again. The death penalty does seem to deter the killer that is executed.

Even here in Canada..... I am sickened every time I hear of a paroled killer or escaped killer that kills again..... It's senseless and sickening...

So, yes.... as much as I am against the death penalty.... it is indeed a deterrent. Those executed killers will NEVER kill another innocent person.

Instead of the death penalty, I would build a large prison with at least three sets of razor topped walls and electric fence, and have a strict law that they never get out except when they die of old age... NEVER get out until they die of old age or sickness. NO parole... stay there 'till they start to rot.

And no..... needles are not a horrible painful experience.. I've had more than you can count, and I continue to donate blood....which uses some of the largest diameter needles in the veins...probably a larger diameter than the needles used for execution. Needles of that size don't seem to stop me from donating every two months.

As I said, I found the Khem Sak used for my Sak Yant tattoos to be much more painful then even the blood donation needle.

And I returned twice for more Sak Yant.

Either what was giving him pain was ...1. the thought of leaving this world.... or else 2. he has a very very low pain tolerance... . or 3. he is just bullshitting about the needle pain. I would guess a combination of 1 and 3.

Edited March 17, 2016 by Catoni

[Dap]

...wow....isn't he supposed to be set free.....

After abducting, raping and murdering a 14 year old? I would sincerely hope not.

[Grouse]

How very civilised

In prison for 25 years before the botched execution

Second execution confirmed legal after another 7 years in prison

Certainly cruel but not unusual in that Christian land!

[rickirs]

Time to consider the Smith & Wesson XVR 460 Magnum for executions.

There will be no failures.

[Humberstone]

...wow....isn't he supposed to be set free.....

After abducting, raping and murdering a 14 year old? I would sincerely hope not.

Based on the concept of double jeopardy,which his advocates are arguing for,he would be eligible for release.

Double jeopardy should be scrapped for capital offences though. It made sense in medieval England but not now with advances in forensic science and with so many wrongful acquittals it seems ridiculously outmoded.

[Baerboxer]

The death penalty should be abolished. It is not a deterrent as it was marketed to America years ago and it makes "us" just like "them" (killers). This guy has already been put to death. The procedure was a horrible, painful failure. Enough already.

I don't care if it acts as a deterrent or not. It's a suitable punishment for a man who rapes and kills a 14 year old.

[Baerboxer]

How very civilised

In prison for 25 years before the botched execution

Second execution confirmed legal after another 7 years in prison

Certainly cruel but not unusual in that Christian land!

Yes, he should have been executed much sooner.

[Neurath]

The death penalty should be abolished. It is not a deterrent as it was marketed to America years ago and it makes "us" just like "them" (killers). This guy has already been put to death. The procedure was a horrible, painful failure. Enough already.

As a Buddhist, I don't agree with the death penalty either. But I've yet to see a executed man kill again. The death penalty does seem to deter the killer that is executed.

Even here in Canada..... I am sickened every time I hear of a paroled killer or escaped killer that kills again..... It's senseless and sickening...

So, yes.... as much as I am against the death penalty.... it is indeed a deterrent. Those executed killers will NEVER kill another innocent person.

Instead of the death penalty, I would build a large prison with at least three sets of razor topped walls and electric fence, and have a strict law that they never get out except when they die of old age... NEVER get out until they die of old age or sickness. NO parole... stay there 'till they start to rot.

And no..... needles are not a horrible painful experience.. I've had more than you can count, and I continue to donate blood....which uses some of the largest diameter needles in the veins...probably a larger diameter than the needles used for execution. Needles of that size don't seem to stop me from donating every two months.

As I said, I found the Khem Sak used for my Sak Yant tattoos to be much more painful then even the blood donation needle.

And I returned twice for more Sak Yant.

Either what was giving him pain was ...1. the thought of leaving this world.... or else 2. he has a very very low pain tolerance... . or 3. he is just bullshitting about the needle pain. I would guess a combination of 1 and 3.

I don't agree with the death penalty either. But I've yet to see a bullshitter bullshit again. The death penalty would seem to deter the bullshitter that is executed.

[Neurath]

Quite apart from this person's guilt, it's crazy that those who don't trust their government with gay marriage will trust it with the power to execute them.

[Chongalulu]

"Broom has said he was stuck with needles at least 18 times, with pain so intense he cried and screamed."

Cried and screamed from the needle pain ? ? Oh... the poor man..... I don't feel sorry for the animal at all.. I feel sorry for his victim very much...

I wonder how much fear and pain the 14 year old girl that he raped and murdered went through ? ?

Stuck with needles? ? I've been a blood donor for years....( O neg.... so they love my blood) they use big thick needles in your veins...doesn't hurt....at most I feel an itch feeling with the needle in me.

And none of my travel vaccinations hurt...

My Sak Yant tattoos from a Buddhist monk outside of Chiang Mai hurt a lot more... and I went back to him on two other occasions for more..

Please tell us how you get on at your next visit to Madam Thrasharse's spanking emporium as that seems to be your propensity!

[helpisgood]

I don't have any sympathy for that death row inmate, but it sure sounds like Ohio has been spending a heck of a lot of money prosecuting this case. Maybe it would have been better to put him away for life and spend the money on schools, bridges or whatever. I think Nebraska, not a liberal bastion, came to about the same conclusion.

From I understand, rotting away for life or a long sentence in some of those max facilities can be very tough.

[jesimps]

Wonderful! He won't be released at a later date to kill again.

Cue the bleeding hearts.

[jesimps]

The death penalty should be abolished. It is not a deterrent as it was marketed to America years ago and it makes "us" just like "them" (killers). This guy has already been put to death. The procedure was a horrible, painful failure. Enough already.

It isn't about deterrent it's about revenge and closure for the victims' families and to ensure some poor kid walking around today isn't killed by him on his release from his "Life" sentence.

It's also acting in accordance with the law, if you murder someone you get put down.

What annoys me is the time it takes them to sort out the appeals. Seven years in this case.

Bet his young victim would have loved another seven years of life but she wasn't given the choice.

Also, how dare you put us, on a par with him for supporting his execution. He's a rapist and cold blooded murderer of a child for goodness sake. What's up with people like you?

Edited March 17, 2016 by jesimps

[jesimps]

Quite apart from this person's guilt, it's crazy that those who don't trust their government with gay marriage will trust it with the power to execute them.

Complete blx post.

[Ulic]

Strapped down in an execution room, poked in the arm by the executioners and pumped

full of toxic medication that was supposed to kill him, but the ruling is he was never really

in any danger. So....if you shoot a guy and he is saved at the hospital by a team of doctors

and nurses you are not dead, you cannot be charged with attempted murder because

with the hospital and staff there you were never really in any danger. OK.

I mean I have no problem with executing him because a bunch of incompetents did not

do a proper job, but don't piss on the guy and tell him its raining. (ie. don't tell him he

was not in any danger)

[Catoni]

"Broom has said he was stuck with needles at least 18 times, with pain so intense he cried and screamed."

Cried and screamed from the needle pain ? ? Oh... the poor man..... I don't feel sorry for the animal at all.. I feel sorry for his victim very much...

I wonder how much fear and pain the 14 year old girl that he raped and murdered went through ? ?

Stuck with needles? ? I've been a blood donor for years....( O neg.... so they love my blood) they use big thick needles in your veins...doesn't hurt....at most I feel an itch feeling with the needle in me.

And none of my travel vaccinations hurt...

My Sak Yant tattoos from a Buddhist monk outside of Chiang Mai hurt a lot more... and I went back to him on two other occasions for more..

Please tell us how you get on at your next visit to Madam Thrasharse's spanking emporium as that seems to be your propensity!

What are you talking about ? ? Who in the world is "Madam Thrasharse"....and can you explain how you know about her "emporium" ? ?

I take it you're one of her customers....

[arjunadawn]

Is it right to try to kill this man again?

It is absurd to mark the threshold of a valid execution attempt at Rx actively infusing into the patient or not. Why this point? The Rx could likewise have been injected into the IV solution, or placed in piggyback bag for bolus injection, or even infused all the way down the line but no further then the access port on the arm. Why not the point where the condemned witnessed the Rx being hung on the piggyback bag to the patent IV? Why not the point where they strapped him in and lay the equipment on the setup table? ...When they injected the bolus injection into the bag, or line?

This is cruel and unusual punishment. Appeals to whatever this guy did to deserve the sentence are red herrings. Should a man go through the process of being put to death twice? Whether the state failed to execute the first attempt does not make it incumbent on this man to receive a second attempt at death by the state.

If the state placed one bullet in a chamber and spun the chamber of a .44 then pulled the trigger, this act alone would be called cruel and unusual punishment. It makes little difference if it can be argued the State meant to place 5 other bullets in the chamber as well but State forgot, or something unforeseen caused the other bullets not to be loaded, thus making the man a victim of chance. It is still cruel and unusual. To assert next time the State will ensure all 6 bullets are placed in the chamber effectively means the man is being teased, put to death twice.

[Catoni]

Is it right to try to kill this man again?

It is absurd to mark the threshold of a valid execution attempt at Rx actively infusing into the patient or not. Why this point? The Rx could likewise have been injected into the IV solution, or placed in piggyback bag for bolus injection, or even infused all the way down the line but no further then the access port on the arm. Why not the point where the condemned witnessed the Rx being hung on the piggyback bag to the patent IV? Why not the point where they strapped him in and lay the equipment on the setup table? ...When they injected the bolus injection into the bag, or line?

This is cruel and unusual punishment. Appeals to whatever this guy did to deserve the sentence are red herrings. Should a man go through the process of being put to death twice? Whether the state failed to execute the first attempt does not make it incumbent on this man to receive a second attempt at death by the state.

If the state placed one bullet in a chamber and spun the chamber of a .44 then pulled the trigger, this act alone would be called cruel and unusual punishment. It makes little difference if it can be argued the State meant to place 5 other bullets in the chamber as well but State forgot, or something unforeseen caused the other bullets not to be loaded, thus making the man a victim of chance. It is still cruel and unusual. To assert next time the State will ensure all 6 bullets are placed in the chamber effectively means the man is being teased, put to death twice.

I don't agree with capital punishment. But there is no such thing as "... being put to death twice..." as you put it.

A person can be put to death only once. He is not a human... he is a monster, as are all living creatures that rape and kill little girls or boys.

If you abduct and brutally rape and murder a little girl.... don't be shocked or surprised that some people might want to put you to death for the rape and murder killing that you committed on an innocent little girl.

Perhaps this guy should be handcuffed, and his ankles shackled... and then left in a closed room for half an hour with the girl's family who have baseball bats and knives.

If you don't want "..cruel and unusual..." then don't go doing cruel and unusual on others.... especially children.