Showing posts with label Italy. Show all posts
Showing posts with label Italy. Show all posts

Tuesday, May 3, 2011

From tomato sauce with pasta to Honorary German

Bild, Germany’s largest newspaper, yesterday came out in support of Mario Draghi’s candidacy for the role of ECB President, proclaiming him to be a “Honorary German Citizen”.

Clearly they don’t do things by halves…

In February Bild screamed "Mamma Mia!" over the thought of an Italian running the German currency. They claimed: “For Italians, inflation is a way of life, like tomato sauce with pasta.”

We’d expect that it won’t be too long until Merkel publicly comes out in support of Draghi (given that neither Sarkozy nor Bild would have supported him without her private approval).

To be honest, he’s been the only real candidate for a while – in terms of both skills and personality – but the fact that it took so long for an established professional, and the right man for the job, to overcome the massive stereotypes in Europe might say something about so-called EU unity… the picture doesn’t help either.

Wednesday, April 27, 2011

European death drugs to be used in two US executions next week

Drugs supplied by European pharmaceutical companies are set to be used to execute two US prisoners on the 3rd and 6th of May.

Anaesthetics from Denmark-headquartered Lundbeck and UK-based Dream Pharma will be used in the respective executions by lethal injection of Cary Kerr in Texas and Jeffrey Motts in South Carolina.

Several states are in possession of large supplies of sodium thiopental, the anaesthetic due to be used in the execution of Jeffrey Motts, which they were able to acquire from the UK in the delay before the British government imposed export controls. There are serious concerns that the drug, bought through back-channels from a tiny firm in an office in a driving school in Acton, may be faulty – leaving prisoners in severe pain during their executions. Three botched executions using the drug have already been carried out.

Meanwhile, Lundbeck continues to supply the barbiturate pentobarbital through a facility based in the USA. The barbiturate was not intended for use in lethal injections and has never been clinically tested for the purpose. The new protocol hastily adopted by Texas (in less than three weeks, without scientific or medical consultation) is recognised to be particularly dangerous. It calls for pentobarbital followed by pancuronium bromide and potassium chloride: a combination so risky and inhumane that vets explicitly outlaw it in the practice of animal euthanasia.

The execution of Cary Kerr on Tuesday will be the first in Texas using this lethal injection cocktail, and, if the state Department of Corrections (which boasts the busiest execution chamber in the USA) has its way, the first of many.

Death rows in the US have been looking abroad for execution drugs ever since the only domestic supplier ended production of sodium thiopental, the first stage in the (until recently) widely-used three drug execution cocktail.

Appalled by the prospect of complicity in US executions, Governments and pharmaceutical firms in Britain, Italy, Austria and India have found ways to prevent the use of their drugs for killing prisoners. Lundbeck has failed to take similar action and the Danish Government appears incapable or unwilling to exert any effective pressure.

Reprieve Investigator Maya Foa said: “With two executions looming, Lundbeck should be doing everything in their power to mitigate the damage done in their name. Delays are fatal, as the execution of Jeffrey Motts using British drugs on Friday will show. There are many simple and common mechanisms Lundbeck could use to prevent their drugs being used to kill people. Their continued reluctance to employ them is shameful.”

Source: Reprieve, April 27, 2011
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Saturday, April 23, 2011

France Threatens to 'Suspend' Schengen Treaty

THE DAILY TELEGRAPH: France has threatened to abandon European Union freedom of movement by “suspending” Europe’s Schengen Treaty due to an influx of Tunisian and Libyan migrants from Italy.

Italy has given up to 26,000 illegal migrants six-month residence permits, allowing them to travel freely in the border-free Schengen zone, which covers all EU countries except Britain and Ireland.

The decision to issue travel documents to the Tunisians and other Arab migrants has triggered a French warning over the 1995 treaty.

''It seems to us that we need to think about a mechanism that would allow us, when there is a systematic disruption at one of the EU’s external borders, to intervene with a temporary suspension for as long as the disruption lasts,” said an Elysée source. » | Bruno Waterfield, Brussels | Friday, April 22, 2011

Thursday, April 21, 2011

Wednesday, April 20, 2011

Indiana executions put on hold due to lack of drug

Prisons typically use the drug sodium thiopental as an anesthetic during lethal injections. But a DOC spokesman says although 14 people sit on death row, the state's supply has run out.

The execution of a convicted killer from Mishawaka has been put on hold along with all executions in the state of Indiana after the Department of Corrections ran out of a drug used during lethal injections, according to our reporting partners at the News Dispatch.

Prisons typically use the drug sodium thiopental as an anesthetic during lethal injections.

But a DOC spokesman says although 14 people sit on death row, the state's supply has run out.

Indiana is not alone.

According to a study, at least 16 of the 34 states with the death penalty have run out of the anesthetic.

The shortage comes after some Italian companies stopped making the drug because of legal restrictions there.

The state did not say whether it is considering other alternatives, but all executions, including that of Wayne Kubsch, who was convicted of killing his family in 1998, have been put on hold for now.

Source: WNDU, April 19, 2011
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Tuesday, April 12, 2011

Italy is testing the limits of EU integration


Italy's Lega Nord has probably been dreaming of this moment for years: a head-on European collision over immigration, with Italy pitted against the Commission and other EU governments. The 20,000 North African migrants stranded on the tiny Italian island of Lampedusa provided Italian Interior Minister Roberto Maroni (from Lega Nord, see picture) with an"opportunity" to make a point that he hardly would miss out on.

Speaking after yesterday's heated meeting of EU interior ministers in Luxembourg - where Italy found itself completely isolated with only Malta on its side - Maroni launched a full-scale attack on virtually everyone. He said that the EU is
"an institution which takes action quickly only to bail-out banks and declare wars, but when it comes to showing concrete solidarity to a country like Italy, then [the EU] hides itself...I wonder if it really makes sense [for Italy] to remain part of the EU."
Ouch!

Italy isn't in any way contemplating leaving the EU of course, so Maroni is engaging in political posturing. This is obviously a hugely sensitive issue, but Maroni needs to chill a bit. It's not like Italy has completely been left hanging, as Maroni seems to suggest. This year, the country receives roughly €140 million in EU funding aimed at tackling various migration-related issues. In addition, it hasn't exactly used the billions it has recieved in EU structural funding in the most effective way - Italy's south is probably the biggest bottomless pit for EU funding. Instead of wasting it, this money could be used to deal with social exclusion and create more jobs for migrants. Call it "concrete solidarity" with European taxpayers.

But there's lots more to this story, and Italy does have a point, in so far as the distribution of migrants across Europe is hugely uneven (though this doesn't only apply to southern Europe. Finland took in 700 asylum seekers in 2010 for example, whereas its neighbour Sweden last year accepted close to 30,000 of them, which alongside Malta, is the most per capita in Europe). This is to say that if the wave of migrants from North Africa continues, and intensifies, the European Commission, and the member states that support this agenda, has been given a pretty strong hook for pushing a common EU immigration policy, including "burden sharing" between member states. Writing in Swedish daily Dagens Nyheter, the EU's genial Home Affairs Commissioner, Cecilia Malmström, recently argued that, in the light of recent events in the EU's Southern neighbourhood,
“The need for a common EU policy on asylum and immigration is urgent...I hope that the current situation also contributes to the EU taking several steps forward towards a common asylum and immigration policy.”
For various reasons, Italy's clout in Europe has been seriously reduced recently - the country is unlikely to emerge as winners from this recent spat. However, calls for a common EU immigration policy won't go away - whether we agree or disagree with it, it's hard to a find more controversial area to outsource to Brussels, so this is likely to drag on.

In fact, it's up there with cross-border bail-outs and EU-enforced austerity measures, as the top issue that really will test the limits of European integration.

Friday, April 8, 2011

Merchants of death

An execution-frenzy may have been unleashed among death penalty U.S. States with execution drugs successfully sourced from India's Kayem Pharma Company. Will Indian authorities now tacitly condone the entry of generic drug manufacturers into a bloodthirsty niche of global commerce?

Brandon Rhode (31) was not in good shape when he was strapped into the execution chamber gurney on September 27 2010, in Georgia, United States. Six days earlier he had attempted suicide because, according to court documents, he did not want to be “put down like a dog.” As a result, he was left with “deep gaping wounds” from the razor he used to slash his neck and elbows. He was also said to have been brain-damaged from sheer blood loss.

Unfortunately for Rhode, convicted in 2000 of killing three persons during a burglary attempt, the worst was yet to come. For although medics spent 30 minutes trying to find a vein in Rhode's arm, into which they could insert needles to administer lethal drugs, something was clearly going wrong when the drugs started pumping. The first drug injected into Rhode, sodium thiopental, was supposed to render him unconscious, yet Rhode's eyes remained open throughout the procedure and moments before he was pronounced dead he was said to have turned his head and exposed the bandage over his slashed neck.

In a sworn declaration Mark Heath, a medical doctor and an expert witness in lethal injection cases, said: “Given the highly unusual provenance of the thiopental that was used in the Rhode execution, one explanation for the eyes remaining open is that the thiopental lacked efficiency.”

The “unusual provenance” that Dr. Heath mentioned in his report was a reference to the fact that the Georgia Department of Corrections (DOC) had imported the thiopental from Dream Pharma, a company located in the United Kingdom, “which operates out of the back of a driving school in London,” according to Dr. Heath.

Why did a key death penalty State of the U.S., itself a country steeped in a long and contentious history of capital punishment, have to resort to importing a lethal injection drug? A little bit of background is in order here, especially because since January execution drugs have entered the U.S. from yet another “unusual provenance” — Kayem Pharma Company of Mumbai, India.

While the history of the lethal injection goes back to May 1977, when the Oklahoma legislature first adopted it as a statute-supported method of execution, today 37 of the 38 death penalty States have lethal injection statutes. However, the entire execution “industry” in the U.S. relied on only one company for the supply of the lethal drugs cocktail — a firm called Hospira located in Lake Forest, Illinois. Emails, obtained by The Hindu, between Hospira and the Nebraska DOC, importer of thiopental from Kayem Pharma, made it clear that Hospira “do not support the use of any of our products in capital punishment procedures.”

Matters took a turn for the worse for States such as Nebraska when Hospira announced in the summer of 2010 that it had temporarily ceased production of thiopental due to a “shortage of raw materials.” Yet, according to Clive Stafford Smith, Director of a U.K.-based anti-death-penalty campaign group called Reprieve, the reason for the stoppage was that Hospira's plant was old and re-tooling it would be uneconomical given that thiopental is now off-patent.

Italy's stance

When Hospira sought to supply thiopental from a plant it owned in Italy, Reprieve campaigners worked with the Italian government, which was said to have been “shocked that Italy might be involved in the execution business,” and eventually “suggested to Hospira Italy that if they exported any drugs used for executions they might end up losing their export licence altogether.” At this point, according to Mr. Smith, Hospira made the “sensible decision” to cease production of the drugs altogether.

With the supplies of thiopental dwindling rapidly around the U.S., death penalty States saw themselves faced with two options. First, some of them, such as Ohio, Arizona, Oklahoma and Texas, switched to another anaesthetic, pentobarbital, commonly used for euthanising animals, and whose effects on human beings for execution purposes has never been tested.

States such as Ohio and Oklahoma have already executed four prisoners using pentobarbital, despite anaesthesia specialists such as David Waisel of Harvard Medical School warning that “the use of pentobarbital as an agent to induce anaesthesia has no clinical history... [and] puts the inmate at risk for serious undue pain and suffering.”

Act of desperation

In what might well have been an act of desperation, State executioners then decided to start importing thiopental, in the first instance from Dream Pharma in the U.K. Scarcely imagining the enormity of the legal backlash that would ensue, Arizona led the way, quickly executing Jeffrey Landrigan on October 25 2010 using the British thiopental. Georgia followed suit, executing Emmanuel Hammond on January 25 2011, having already executed Rhode.

The instant it was revealed in the British media that a home-grown company was supplying lethal drugs for U.S. executions, there was a flurry of public and legal campaigns mostly targeting two Liberal Democrats, Business Secretary Vince Cable and Foreign and Commonwealth Office Minister of State Jeremy Browne.

They initially declined to intervene; however they reversed that decision, reportedly after seeing evidence that the drug was only being exported for use on death row. Mr. Cable said: “In light of new information I have taken the decision to control the export of sodium thiopental. This move underlines this government's and my own personal moral opposition to the death penalty in all circumstances without impacting legitimate trade.”

The Kayem deal

Enter Nebraska DOC's transactions with Kayem Pharmaceuticals Private Limited, a small generic drug manufacturer based out of Marian Colony in Borivali, Mumbai. A series of emails, which The Hindu has in its possession, began between a representative of the Nebraska DOC and a Kayem sales representative in November 2010, the subject of discussion being the export of 500 one-gram vials of thiopental, valued at $2,056.15, from Mumbai to Nebraska.

The deal appeared to be progressing smoothly until the shipment reached Omaha around mid-December. A hold-up occurred at that point owing to the FDA's lack of clarity on whether or not the Nebraska DOC had a sufficient legal basis for importing the lethal drug. The FDA finally relented on January 7, 2011, making what informed observers described as a “political decision to not review the importation of the drugs.” It, however, clarified its position to the Nebraska DOC, saying: “In keeping with established practice, FDA does not review or approve products for the purpose of lethal injection. FDA has not reviewed the products in this shipment to determine their identity, safety, effectiveness, purity or any other characteristics.”

Yet with this action the FDA has risked unleashing an execution-frenzy among thiopental-starved death penalty States.

Already a likely victim of Indian-made thiopental has been identified — Carey Dean Moore (53). He awaits execution in the Nebraska DOC, now the owner of enough Kayem-manufactured thiopental to execute 166 men.

With the U.S.' patchy record of untested anaesthetics that fail to produce the expected unconsciousness, Moore may also expect the same outcome as Rhode, which Dr. Heath described thus: “There is no dispute that the asphyxiation caused by pancuronium [the second, paralytic agent administered] and the caustic burning sensation caused by potassium [the third, heart-stopping agent administered] would be agonising in the absence of adequate anaesthesia.”

Unless last week's seizures of Kentucky's and Tennessee's stocks of imported thiopental by the U.S. Drug Enforcement Agency are repeated in other States and the proliferation of these untested drugs eventually stopped, we could enter a new era of “cruel and unusual punishment” for death row inmates across the country. Already, it is possible that the dubious Indian barbiturate has found its way into the broader healthcare system and reached the DOCs of several States.

India's options

And for India, itself a user of capital punishment, although in the “rarest of rare” cases, it is anybody's guess as to whether authorities will follow the stellar example of the U.K. and Italy and ban the export of lethal drugs to the U.S. Perhaps in a stroke of irony it will be economics rather than morality that will stall the entry of Indian generic drug manufacturers into this bloodthirsty niche of global commerce.

According to Reprieve's Mr. Smith, “Kayem can expect to be party to U.S. litigation for decades. It may have made them a small profit at the start, but they will end up paying lawyers until their profits have vanished one hundred times.”

Indeed, even as Reprieve held a press conference in Mumbai this week to raise awareness of the issue in the country, Kayem announced: “In view of the sensitivity involved with sale of our Thiopental Sodium to various... prisons in USA and as alleged to be used for the purpose of lethal injection, we voluntary declare that we... refrain ourselves in selling this drug where the purpose is purely for lethal injection and its misuse.”

However, if the lethal drugs export persists, even as India clamours for a more prominent place on the world stage, it will have to hide the embarrassing fact that it tacitly condones its merchants of death.

Source: The Hindu, Opinion, Narayan Lakshman, March 8, 2011
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Wednesday, March 16, 2011

DEA seizes execution drugs obtained on the black market by Georgia

ATLANTA (Reuters) - U.S. authorities seized Georgia's supply of a drug used in executions on Tuesday because of concerns about how it was imported, a move praised by death penalty opponents.

U.S. Drug Enforcement Administration agents took control of the state's sodium thiopental, a sedative that attorneys for several death row inmates have said was improperly obtained.

"We commend the DEA for forcing the Department of Corrections to stop using black market execution drugs," said Sara Totonchi, executive director of the Southern Center for Human Rights in Atlanta.

Authorities offered few details about the motive for the seizure except to say there were questions about how the state had obtained the drug.

"DEA became aware of this situation today," Special Agent Chuvalo J. Truesdell said. "We took control of the controlled substances, and it's now a regulatory matter."

He declined further comment because of the ongoing investigation.

The Georgia Department of Corrections said it had requested federal assistance after questions were raised about how the drug was imported.

"We're working with them to make sure we're in compliance in the way we handle controlled substances," Corrections spokeswoman Peggy Chapman said.

The federal government stepped in following a letter sent last month to U.S. Attorney General Eric Holder on behalf of Georgia death row inmate Andrew Grant DeYoung.

With sodium thiopental in short supply nationally, Georgia corrections officials ordered the drug from a pharmaceutical distributor in London, England, DeYoung attorney John Bentivoglio wrote in the February 24 letter.

The state received 50 vials of sodium thiopental in July, Bentivoglio said, citing public records.

But Bentivoglio said the state was not registered to import the controlled substance and failed to notify DEA about the shipment.

"I think it raises very troubling questions about the lengths to which they would go to pursue lethal injections when that process requires careful attention to the integrity of the process," Bentivoglio told Reuters on Tuesday.

Totonchi said her center first raised questions about the state of Georgia's purchase from England in federal court filings for death row inmate Emmanuel Hammond, who was executed in January.

Sodium thiopental is the first of a sequence of three drugs administered in U.S. lethal injections that paralyze breathing and stop the heart. A sedative is legally required in all lethal injections of U.S. death row inmates.

Hospira Inc. of Illinois, the only U.S. company that manufactured sodium thiopental, said in January it would stop making the drug after Italy, where it planned to move production, objected because the European Union has banned the death penalty.

Several states have either run out of supplies of sodium thiopental or switched to using pentobarbital, a barbiturate that is often used to euthanize pets and other animals.

Georgia had 106 inmates on death row at the beginning of 2010, according to the Death Penalty Information Center. The state has no executions scheduled at this time, according to the Center, which tracks the death penalty in the states.

Source: Reuters, The Raw Story, March 16, 2011
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Thursday, March 10, 2011

Illinois Governor Pat Quinn signs death penalty ban, commutes 15 death row sentences to life

SPRINGFIELD — Gov. Pat Quinn today signed into law a historic ban on the death penalty in Illinois and commuted the sentences of 15 death row inmates to life without parole.

Quinn signed the legislation in his Capitol office surrounded by longtime opponents of capital punishment in a state where flaws in the process led to the exoneration of numerous people sentenced to death.

"For me, this was a difficult decision, quite literally the choice between life and death," Quinn wrote in his signing statement. "This was not a decision to be made lightly, or a decision that I came to without deep personal reflection."

"Since our experience has shown that there is no way to design a perfect death penalty system, free from the numerous flaws that can lead to wrongful convictions or discriminatory treatment, I have concluded that the proper course of action is to abolish it," Quinn wrote. "With our broken system, we cannot ensure justice is achieved in every case."

"For the same reason, I have also decided to commute the sentences of those currently on death row to natural life imprisonment, without the possibility of parole or release," the governor wrote.

A small group of lawmakers also was on hand, including lead sponsors Rep. Karen Yarbrough, D-Maywood, and Sen. Kwame Raoul, D-Chicago. Senate President John Cullerton, D-Chicago, and House Majority Leader Barbara Flynn Currie, D-Chicago also attended. Lt. Gov. Sheila Simon, who lobbied Quinn to sign the ban, was there.

The ban comes about 11 years after then-Gov. George Ryan declared a moratorium on executions after 13 condemned inmates were cleared since Illinois reinstated capital punishment in 1977. Ryan, a Republican, cited a Tribune investigative series that examined each of the state's nearly 300 capital cases and exposed how bias, error and incompetence undermined many of them.

Since then, Illinois approved reforms to the capital punishment system, including taping interrogations under a proposal forged by President Barack Obama when he served in the Illinois Senate. Only two days before leaving office in January 2003, Ryan commuted the death sentences of 164 prisoners to life in prison. Quinn and his predecessor, Rod Blagojevich, kept the moratorium in place.

In 1972, the U.S. Supreme Court struck down death penalty statutes in 40 states, including Illinois. Five years later, Illinois reinstated capital punishment, and it has been among the 35 states that currently allow executions. Illinois could join New York, New Jersey and New Mexico, all of which have done away with the death penalty in the last three years.

The death penalty ban would take effect July 1.

Quinn did not have to immediately act on the 15 death row inmates, but chose to commute their sentences to life in prison.

One of them is Brian Dugan, sentenced to death for the 1983 rape and murder of 10-year-old Jeanine Nicarico, of Naperville. Dugan had been serving two life sentences for two other rape-murder cases, but his death sentence brought a major chapter of a long-running, controversial case to a close. Rolando Cruz and Alejandro Hernandez — two of three men originally charged with the girl's murder — served years on death row before they were cleared.

As Quinn campaigned for governor last fall, he held firm to the moratorium as a way to see how well the reforms are working. The governor also said he supported the death penalty for the worst crimes.

Quinn made his decision after an intense lobbying effort from those on both sides of the issue.

Cook County State's Attorney Anita Alvarez, Illinois Attorney General Lisa Madigan and other prosecutors urged Quinn to veto the ban and take a hard-line stance to keep the death penalty.

The governor also heard from anti-death-penalty luminaries including South African Archbishop Desmond Tutu and Sister Helen Prejean, a New Orleans nun whose time spent with a condemned inmate became the basis for the movie "Dead Man Walking."

Family members of murder victims also made emotional pleas. Among them was Cindy McNamara, whose daughter, Shannon, was murdered in 2001 while attending Eastern Illinois University.

Shannon McNamara was asleep in her locked off-campus apartment when she was raped, strangled, beaten and stabbed. Her body was left in the living room. A washcloth was stuffed in her mouth.

Former EIU student Anthony Mertz was convicted, becoming the first person sent to death row after Ryan emptied it.

"We have the death penalty for a reason," Cindy McNamara wrote in a letter to Quinn. "This is the reason!"

The Tribune examination found at least 46 inmates sent to death row in cases where prosecutors used jailhouse informants to convict or condemn the defendants. The investigation also found at least 33 death row inmates had been represented at trial by an attorney who had been disbarred or suspended; at least 35 African-American inmates on death row who had been convicted or condemned by an all-white jury; and about half of the nearly 300 capital cases had been reversed for a new trial or sentencing hearing.

Source: Chicago Tribune, March 9, 2011


Illinois Becomes 4th State in Four Years to Abandon the Death Penalty

Gov. Pat Quinn signs legislation
today ending the death penalty.
Illinois Governor Pat Quinn took the final step today in ending the death penalty and replacing it with a sentence of life without parole. The law also requires that state funds used for the death penalty be transferred to a fund for murder victims’ services and law enforcement. The ban on capital punishment comes after an 11-year moratorium on executions declared by former Republican Governor George Ryan, and makes Illinois the 16th state to repeal the death penalty. It also marks the lowest number of states with the death penalty in more than 30 years.

"The Illinois repeal is an indication of a growing national trend toward alternatives to the death penalty, and an increased focus on murder victims' families and the prevention of crime," said Richard Dieter, Executive Director of the Death Penalty Information Center. "In light of our current economic climate, the public has increasingly recognized that resources used for the death penalty could be diverted to higher budgetary priorities, such as law enforcement and victims’ services."

Many murder victims’ families were among the strongest supporters of the Illinois repeal. In a letter to the Illinois General Assembly, murder victims' families wrote, "A legal system that wasn’t bogged down with committing tremendous resources on capital cases could prosecute and sentence countless other crimes and take dangerous people off the streets before they commit murder. Dollars saved could be put toward counseling for victims of crime or other services we desperately need as we attempt to get on with our lives." The letter was signed by more than 30 individuals who had loved ones murdered in Illinois.

The high costs of the death penalty were influential in the passage of the repeal. Conservative Republican Senator Dan Duffy of Lake Barrington said, "We have spent over $100 million of taxpayer money defending and prosecuting death row cases. The death penalty does not make our society safer, I believe. It has been an ineffective and expensive use of our scarce resources."

In the last few months, the death penalty has been under scrutiny in other states as well. Days after the Illinois General Assembly voted for the repeal, Ohio Supreme Court Justice Paul E. Pfeifer, who as a Republican state legislator played an influential role in shaping the state’s current death penalty statute, stated: “I have concluded that it is exceedingly difficult for this statute to be administered in a fair and just way… Gov. [John] Kasich and the governors after him, I believe, need to consider commuting all of those sentences to life in prison without the possibility of parole, and I think it's time for Ohio to at least entertain the discussion of whether or not we are well served by having a death penalty."

Across the country, use of the death penalty is declining as states are using alternative punishments like life imprisonment without the possibility of parole. Death sentences in the United States have dropped by over 60% since the mid-90s. A recent poll conducted by Lake Research Partners showed that 61% of U.S. voters chose various alternative sentences over the death penalty as the punishment for murder. The same poll also listed the death penalty last in a list of priorities for state spending.

Since 1976, Illinois has carried out 12 executions. In the same period, 20 inmates have been exonerated from the state’s death row, the 2nd highest number in the United States. In 2003, 3 years after the moratorium was imposed, Governor Ryan issued a blanket commutation, reducing the sentences of 167 death row inmates to life and pardoning 4 inmates. Since then, Illinois has had 2 different commissions to study the death penalty and has implemented some reforms, yet continues to face an error-prone and costly system.

In the meantime, use of the death penalty has declined sharply in Illinois. In the 1990s, the state averaged over 10 death sentences a year. In 2009 and 2010, the state imposed only 1 death sentence each year.

Illinois is the 4th state in the last 4 years to abandon the death penalty. New Mexico and New Jersey voted to abolish the death penalty in 2009 and 2007, respectively. New York’s death penalty law was declared unconstitutional in 2004, and the last person was removed from death row in 2007. More states are expected to introduce legislation to repeal the death penalty in 2011, including possibly Connecticut, Kansas and Maryland.

Source: The Death Penalty Information Center is a non-profit organization serving the media and the public with analysis and information on issues concerning capital punishment. DPIC was founded in 1990 and prepares in-depth reports, issues press releases, conducts briefings for the media, and serves as a resource to those working on this issue. DPIC is widely quoted and consulted by all those concerned with the death penalty. March 9, 2011


Statement of Murder Victims’ Families for Human Rights

Murder Victims' Families for Human Rights congratulates Illinois Governor Quinn on signing into law the recently passed legislation abolishing the state's death penalty. We applaud the state's decision to redirect funds formerly spent on the death penalty to services for families of homicide victims and training of law enforcement personnel. As family members of murder victims, we know that each homicide is a theft of a unique, irreplaceable, deeply loved human life, representing a world of devastation for the victim’s surviving families.

A commitment to helping these victims' families and law enforcement personnel who work to protect us is a positive step forward for Illinois.

Source: MVFHR, March 9, 2011


Community of Sant’Egidio: 'Illinois has joined the world of civilization'

It is the 16th American state in which killing is not sanctioned by law

The Community of Sant’Egidio invites Governor Pat Quinn and a delegation of the state’s House of Representatives and Senate, along with American abolition activists, to celebrate the historic event at the Coliseum in Rome

Illinois became the 16th American state to have abolished the death penalty today after Governor Pat Quinn signed the bill approved by the two houses of the State Assembly. It was an exceptional and historic day in the United States. A ten-year process leading to a stop to executions in Chicago’s state thus drew to a close, with a large bipartisan majority confirming that the death penalty is an irremediably pernicious instrument for the judicial system.

On January 6, 2011, the House of Representatives of the state of Illinois voted 60-54 in favor of the definitive abolition of capital punishment. 5 days later, on January 11, the State Senate approved the proposal with a 32-25 vote. All that was needed was the endorsement of Governor Pat Quinn, who after weighing all of the elements at his disposal put his signature on the historic document.

Illinois is the third American state to have repudiated the death penalty in the last 4 years, following New Jersey and New Mexico. This unprecedented acceleration shows how the death penalty in the United States is in difficulty and is destined to become a weapon of the past. The development of historic dimensions came just a few weeks after a stop was put to the production of sodium thiopental one of the substances used in the U.S. for lethal injection, following a campaign spearheaded by the Community of Sant’Egidio and major anti-death penalty organizations, from Reprieve to Hands off Cain, and aided by the British and Italian governments.

The Community of Sant’Egidio closely followed the campaign launched the Illinois Coalition Against the Death Penalty, coordinated by Jeremy Schroeder, as well as the initiatives of the entire American abolitionist movement It plans to celebrate the abolition of the death penalty in Illinois with a special event in Rome: the lighting of the Coliseum, international symbol of the global battle for a system of justice that respects human life at all times.

The development marks a decisive step toward abolition of the death penalty in the whole United States. In 2010 there was the lowest number of executions in the country since 1999: 46, representing a 12 % drop since the year before. 2010 was also the year in which the lowest number of death sentences were handed down in the United States since 1976: 114, 2/3 less than 15 years earlier, 1996, a record year for death sentences.

An unmistakable trend, a progressive structural decline, confirmed by the recent electoral victories of governors publicly opposed to capital punishment in California, New York State and Massachusetts. In Texas, which holds the record with 17 executions, there were less than 10 death sentences handed down. For the first time, an American judge challenged the constitutionality of the death penalty.

Precedents:

At the end of January 2000 former Governor George Ryan, a Republican, suspended all executions after it was shown that thirteen death sentences had been commuted since 1976, the year the death penalty was officially reinstated at the federal level, because the prisoners were proven innocent. That was 1 more prisoner than the 12 death row convicts proven guilty. These numbers represented an evident anomaly for capital punishment in the large American state, a manifest gap also present in all of the other states which maintain the death penalty.

The commission created by Ryan to shed full light on the dynamics of capital sentences in Illinois came to the conclusion, after 2 years of study, that no penal system can ever be so perfect as to rule out sensational judicial error. The death penalty, with its definitive and irreparable characteristic, thus inherently represents a premise for an extremely unjust punishment. Not only that. The commission also discovered how external factors, such as ethnic identity, social class, geography, the emotional susceptibility of public opinion, the ineptitude of defense lawyers, affect the use of the death penalty in the sentencing process.

In January 2003, near the end of his mandate, Governor Ryan commuted 167 death sentences to life imprisonment after discovering the large number of errors made in the respective trials. It was the 1st widespread amnesty ever declared in American death rows. Ryan’s successors kept the moratorium in effect. It was shown that it cost the state over 100 million dollars to support the few dozen remaining inmates on death row. Even for this reason alone, a growing number of American states are wondering if it is worthwhile to pursue the path of legal assassination.

Illinois “is no longer in the company of countries which commit the worst violation of human rights: it has joined the world of civilization, putting an end to the suppression of innocent lives”, commented Senator Kwame Raoul, one of the key sponsors of the anti-death penalty bill.

Source: Sant'Egidio, March 9, 2011


Capital punishment in the United States

The governor of Illinois on Wednesday signed a bill banning the death penalty in the state. The following are some facts and figures about the death penalty in the United States since 1977, when executions resumed following the lifting of a ban on the practice by the U.S. Supreme Court the previous year.

* There have been 1,242 executions in the United States since 1977. The peak year was 1999, when 98 were carried out, while no inmates were put to death in 1978 and 1980. The number of executions dropped 12 % last year to 46. 8 people have been executed so far this year.

* The year 2009, the last for which data is available, saw 112 death sentences imposed, the lowest number over the past three decades. The peak year was 1996 when 315 were handed down.

* The death penalty is sanctioned by 34 of the 50 states and the U.S. government and military -- not counting Illinois, where the ban will take effect July 1. Lethal injection is the main method used by all of the death penalty states.

* The Death Penalty Information Center said there have been 138 exonerations of death row inmates since 1973.

* Texas has been by far the most active death penalty state in the post-1976 era, with 466 executions. Virginia is a distant 2nd at 108.

* In 2008, the United States ranked fourth in the world in the number of executions carried out with 37. China carried out by far the most with 1,718, followed by Iran with 346, Saudi Arabia with 102, the United States, Pakistan with 36, and Iraq with 34.

Source: Reuters, March 9, 2011


Scott Turow: The conservative argument to abolish the death penalty

This week's abolition of the death penalty in Illinois is commonly viewed as a triumph for progressives. But some of the most persuasive arguments for doing away with capital punishment basically reflect conservative views. The last decade has seen many noted conservatives like George Will, Richard Viguerie and L. Brent Bozell III emerge as death-penalty opponents. One reason that abolition became a political possibility here was not simply because it attracted Republican votes in the House and the Senate, but because many conservatives have grown more ambivalent about the issue and less fierce in their opposition.

Here are some of the leading conservative arguments for ending executions.

The death penalty is one more government program that's failed.

This oft-quoted observation is an elaboration on comments and more than a clever turn of phrase by former Illinoisan, George Will, perhaps the nation's leading conservative columnist.

Illinois reinstituted capital punishment in 1977, after the U.S. Supreme Court struck down all prior statutory schemes as unconstitutionally arbitrary and capricious. We have now conducted a 33-year experiment in seeing whether death sentences can be meted out in a rational, proportionate fashion that has clearly failed.

I was a member of the 14-person Commission on Capital Punishment appointed by then-Gov. George Ryan in 2000 to study the death penalty. I started out ambivalent, because I knew there will always be certain murders and killers who will cry out for this ultimate form of retribution. But after two years I came to realize that we will never construct a capital system that functions with anything resembling fairness.

Despite decades of legislation and litigation aimed at establishing procedural bulwarks, the imposition of the death penalty in Illinois remained haphazard. Studies authorized by the commission found that, in Illinois, defendants were five times more likely to be sentenced to death if they committed their crimes in rural areas, as opposed to cities; twice as likely to be sentenced to death if they killed a woman; and 21/2 times more likely to be capitally sentenced for the murder of a white person, as compared to an African-American.

Worst of all is the institutional propensity to sentence innocent people to death. Since 1977, 20 people have been sentenced to death in our state only to be legally absolved of the murders that put them on death row. This reflects what I refer to as the paradox of capital punishment. We have lived with the illusion that we can reserve capital punishment for the so-called "worst of the worst," the most heinous, brutal or repetitive murders. What we have failed to realize is that those very crimes stir our deepest anxieties and outrage, and thus are hardest to deal with in the kind of rational, highly deliberative way that taking a life should require. As a result, police, prosecutors, judges and juries too often have engaged in a rush to judgment that ignores the presumption of innocence and has led now and then to the law's ultimate nightmare, condemning the innocent.

For conservatives who believe government is too large, too inefficient and too unwieldy to deliver health care, or even the mail for that matter, it should come as no surprise that government efforts to justly select those worthy of death has been a moral disaster.

The death penalty is a waste of money.

Study after study has shown that the death penalty costs far more than sentencing defendants irrevocably to life in prison without parole. That may seem counterintuitive because executions, of course, shorten prisoners lives. But the costs before that point overwhelm those savings. Most of the money is spent dealing with people like me — lawyers. Everyone recognizes that in U.S. Supreme Court Justice Potter Stewart's famous phrase, "death is different." We want to be sure that the condemned have enjoyed every legal right before they die, and as a result we have pyramided costs: 2 defense lawyers at trial —almost always government paid because capital defendants are overwhelmingly poor — and prosecutors to match them. Then there are the endless parade of appeals and post-conviction proceedings, which typically cost the state money for more than a decade.

Of course, if the death penalty clearly served a practical purpose like saving lives, these increased costs might be worth it. But in Illinois we have experienced a steady decline in our murder rate since Gov. Ryan first declared the moratorium on executions in January 2000 that has remained in place since. Murders in the vast majority of cases are impulsive acts by people who give no thought to getting caught. Thus the idea of deterrence is largely phantom. In a state that is now $15 billion in debt we cannot afford to throw good dollars after bad on a system that exists only to do a botched job of vindicating citizens' sense of moral outrage.

The death penalty is incomaptible with the notion of limited government.

In western Europe, all of our allies have outlawed the death penalty, most them taking that step after World War II. The reason was not so much popular opposition as historical experience. In Germany, Hitler had come to power as the result of his election, and proceeded to enact a series of tyrannical laws. The fact that the horrors of the World War II sprang directly from a democracy run amok persuaded European intellectuals and politicians that the state should never have the lawful power to kill.

In the United States, we are cheerfully oblivious to those risks and with good reason. From 1998 to 2001, for example, we saw one president impeached, another empowered without a popular majority, and our nation attacked by a pernicious foreign force; never once in any of those crises did we see troops in the street. The extraordinary durability of the American democracy is one of our greatest achievements, but it is naive to believe in Sinclair Lewis' phrase that it can't happen here. The conservative-libertarian view that says that the powers of government must be strictly limited supports drawing a clear line prohibiting a democratic government from ever lawfully killing any of the citizens from whom it draws power. That way a regime that vanished its political enemies or executed despised minorities would mark itself, whatever the legal rigamorole, as an outlaw.

At the end of the day, Illinois' abolition of capital punishment is part of an evolving national recognition that the death penalty is truly un-American.

Source: Scott F. Turow, a Chicago attorney and best-selling author, was a member of the Commission on Capital Punishment; Chicago Tribune, March 9, 2011


Statement from Governor Pat Quinn on Senate Bill 3539

Today I have signed Senate Bill 3539, which abolishes the death penalty in Illinois.
For me, this was a difficult decision, quite literally the choice between life and death. This was not a decision to be made lightly, or a decision that I came to without deep personal reflection.
Since the General Assembly passed this bill, I have met or heard from a wide variety of people on both sides of the issue. I have talked with prosecutors, judges, elected officials, religious leaders from around the world, families of murder victims, people on death row who were exonerated and ordinary citizens who have taken the time to share their thoughts with me. Their experiences, words and opinions have made a tremendous impact on my thinking, and I thank everyone who reached out on this matter.
After their guidance, as well as much thought and reflection, I have concluded that our system of imposing the death penalty is inherently flawed. The evidence presented to me by former prosecutors and judges with decades of experience in the criminal justice system has convinced me that it is impossible to devise a system that is consistent, that is free of discrimination on the basis of race, geography or economic circumstance, and that always gets it right.
As a state, we cannot tolerate the executions of innocent people because such actions strike at the very legitimacy of a government. Since 1977, Illinois has seen 20 people exonerated from death row. Seven of those were exonerated since the moratorium was imposed in 2000. That is a record that should trouble us all. To say that this is unacceptable does not even begin to express the profound regret and shame we, as a society, must bear for these failures of justice.
Since our experience has shown that there is no way to design a perfect death penalty system, free from the numerous flaws that can lead to wrongful convictions or discriminatory treatment, I have concluded that the proper course of action is to abolish it. With our broken system, we cannot ensure justice is achieved in every case. For the same reason, I have also decided to commute the sentences of those currently on death row to natural life imprisonment, without the possibility of parole or release.
I have found no credible evidence that the death penalty has a deterrent effect on the crime of murder and that the enormous sums expended by the state in maintaining a death penalty system would be better spent on preventing crime and assisting victims’ families in overcoming their pain and grief.
To those who say that we must maintain a death penalty for the sake of the victims’ families, I say that it is impossible not to feel the pain of loss that all these families share or to understand the desire for retribution that many may hold. But, as I heard from family members who lost loved ones to murder, maintaining a flawed death penalty system will not bring back their loved ones, will not help them to heal and will not bring closure to their pain. Nothing can do that. We must instead devote our resources toward the prevention of crime and the needs of victims’ families, rather than spending more money to preserve a flawed system.
The late Cardinal Joseph Bernadin observed, “[i]n a complex, sophisticated democracy like ours, means other than the death penalty are available and can be used to protect society.” In our current criminal justice system, we can impose extremely harsh punishments when warranted. Judges can impose sentences of life imprisonment without the possibility of parole. Where necessary and appropriate, the state can incarcerate convicted criminals in maximum security prisons. These means should be sufficient to satisfy our need for retribution, justice and protection.
As Governor, I took an oath to uphold our state’s Constitution and faithfully execute our laws. Honoring that oath often requires making difficult decisions, but I have found none to be as difficult as the one I made today. I recognize that some may strongly disagree with this decision, but I firmly believe that we are taking an important step forward in our history as Illinois joins the 15 other states and many nations of the world that have abolished the death penalty.


Source: Illinois Government News Network, March 9, 2011


Ryan hails death penalty abolition, calling it ‘a long time coming'

Former Gov. George Ryan, who fought aggressively to abolish the death penalty after he left office — and who issued the moratorium against state executions when he was governor — dispatched this exclusive message to the Sneed column after Gov. Quinn signed historic legislation ending executions in Illinois.

“It’s been a long time coming,” said Ryan, who is now serving a sentence for public corruption at a federal prison in Indiana.

“I’m so glad the legislation has finally passed and Gov. Quinn signed the bill. It’s the result of all the good work of those who fought long and hard in advance of anything I did to help bring this about. I just hope more states join in as well as the federal government.

“We now know with a moral certainty an innocent person will not be put to death in Illinois. I want to thank Gov. Quinn for making the right call."

Ryan’s son, Homer, who talked to his father Wednesday evening, told Sneed: “I was with my dad the night he made his decision to place a moratorium on executions in Illinois. This was not an easy decision, but it came down simply to killing an innocent person. There are flaws in every system but this is what really bothered him."

“I’m sure George was absolutely elated,” said Rob Warden, executive director of Northwestern University’s Center on Wrongful Convictions. “It was very gracious of Gov. Quinn to give George credit during his press conference,” added Warden.

A somber note: “But you know . . . even though I’m absolutely elated and never thought I’d see this happen in my lifetime, there is something very surreal about it,” said Warden. “It all happened so quickly and without much [fanfare]."

Source: Chicago Sun-Times, March 9, 20011


Gov. Pat Quinn turned to Bible and writings of late Cardinal Joseph Bernardin for difficult death penalty decision


Gov. Pat Quinn turned to the Bible for wisdom. He drew strength from the writings of the late Cardinal Joseph Bernardin. And he pored over the impassioned pleas from families of murder victims who begged him to give them a chance at closure.

Finally, after 2 months of struggling with what he said is the hardest decision he's had to make as governor, Quinn decided over the weekend to abolish the death penalty in Illinois and clear out death row.

"It is impossible to create a perfect system, free of all mistakes," Quinn said Wednesday, moments after signing the death penalty ban into law. "I think it's the right and just thing to abolish the death penalty and punish those who commit heinous crimes — evil people — with life in prison without parole or any chance of release."

The governor conceded he talked to few of the families of victims of the 15 murderers on death row, and he grasped for ways to console them.

"There are no words in the English language, or any language, to ease your pain," Quinn said soberly. "I want to tell them, it's impossible, I'm sure, to ever be healed. But we want to tell all of the family members, the family of Illinois … we want to be with you. You're not alone in your grief."

It was a legacy moment for Quinn, whose historic action might end up as the foremost achievement of a governor previously noteworthy for his succession of the impeached Rod Blagojevich.

Newly elected to his own term, Quinn's decision also caps a strong liberal shift for a state that had long been known for centrist, pragmatic politics. In the last few months, Democrats led by Quinn have imposed a major income-tax increase, legalized civil unions for same-sex couples and taken the death penalty off the books.

The political impact of those measures will play out in the coming years. Quinn already is being criticized by lawmakers and prosecutors who point out that violent criminals can now kill police officers and murder multiple victims without fear of losing their own lives.

Rep. Dennis Reboletti said the "big winners" were murderers on death row.

"The people of the state of Illinois aren't the winners," said Reboletti, R-Elmhurst.

A man of Catholic faith, Quinn cited Bernardin's own words: "In a complex, sophisticated democracy like ours, means other than the death penalty are available and can be used to protect society."

Life sentences to maximum security prisons, Quinn said, "should be sufficient to satisfy our need for retribution, justice and protection."

The governor called it impossible to create a justice system "free of all discrimination with respect to race or economic circumstances or geography" in a state where 102 separate state's attorneys impose different standards. And he weighed what's the appropriate justice for the worst killers against how Illinois exonerated 20 people once "in grave danger" of facing an irreversible punishment.

Pressed for a deeper explanation, Quinn acknowledged that child killer John Wayne Gacy, the poster boy for why Illinois has used the death penalty, committed the heinous crimes of an "evil man."

But Quinn said a system that risks killing an innocent man "cannot stand."

One of those whose sentence was commuted is Brian Dugan, sentenced to death for the 1983 rape and murder of 10-year-old Jeanine Nicarico, of Naperville. Dugan had been serving 2 life sentences for 2 other rape-murder cases, but his death sentence for Nicarico's murder had seemingly brought a measure of closure to a saga seared into the collective minds of Chicago-area residents.

Yet that chapter did not end without exposing overwhelming human mistakes. Rolando Cruz and Alejandro Hernandez — two of three men originally charged with the girl's murder — served years on death row before they were cleared.

Quinn signed the bill in his office with only a handful of leading supporters, including the chief sponsors from each chamber, Rep. Karen Yarbrough, D-Maywood, and Sen. Kwame Raoul, D-Chicago. The two clutched pens Quinn used to sign the legislation as they hugged behind the governor's wooden desk.

Tears welled in Raoul's eyes several minutes after Quinn defended his decision.

"God bless the state of Illinois. The light of God is shining," Raoul said. "Shining positively upon our state. This is a historic day. We enter into this business trying to have some impact on lives. There's no greater impact that you can have than to do something that will save a life."

Yarbrough said she once supported the death penalty but that the exonerations serve as a "painful and stirring reminder that death is an absolute penalty. Once imposed, there is no second chance, no reversal and no way to correct a mistake."

Exonerated former inmate Gordon "Randy" Steidl, who spent 17 years in prison, including 12 on death row, was among the death penalty opponents who praised Quinn.

"He made a decision today, a moral, righteous decision, when he realized that there are flaws in this system that almost took my life and 19 other men in Illinois," Steidl said.

Not everyone at the Capitol cheered, given the legislation cleared the General Assembly with only a few votes to spare in the waning days of a lame-duck session in January. Death penalty proponents already are seeking to reinstate capital punishment.

Rep. Jim Durkin, R-Western Springs, predicted Quinn's actions would haunt him if he plans to run for re-election in 2014.

Quinn chose to focus on the arguments lawmakers gave when they approved the ban. He also deflected questions on how he campaigned last fall as a death penalty supporter. Quinn had kept in place the moratorium first imposed by Republican adversary and predecessor Gov. George Ryan, who cleared death row in 2003 by commuting to life in prison the death sentences for more than 160 inmates.

But Quinn hesitated when asked to draw comparisons between his actions and those of Ryan, who is serving time in federal prison for corruption. The governor said the 2 each followed their consciences.

"I think God wants you to do it that way," Quinn said.

Source: Chicago Tribune, March 9, 2011


Quinn ends death row at Pontiac prison

Pontiac Correctional Center
Gov. Pat Quinn signaled the end of Pontiac Correctional Center's role as home to Illinois' death row Wednesday.

Although state prison officials are not sure what will happen to the 22 cells reserved for condemned prisoners, the governor's decision to abolish the death penalty and commute the sentences of the 15 men on who reside there will symbolically and physically alter the makeup of the 140-year-old lockup.

Quinn's landmark move also will end Dwight Correctional Center's role as the designated death row for women and eliminate Tamms Correctional Center as the home of the state's execution chamber, last used in 1999 when Andrew Kokoraleis was executed by lethal injection.

The formal abolition will go into effect on July 1, meaning death row will technically remain in place until then.

The 15 residents of the gallery whose sentences were commuted to life in prison without the possibility of release eventually will be moved into other units.

"I know they will stay in a maximum-security facility," said Illinois Department of Corrections spokeswoman Sharyn Elman.

John Maki, executive director of the John Howard Association, a prison watchdog group, was on a team surveying Pontiac on Jan. 11 -- the day the Illinois Senate approved the death penalty abolition.

He said condemned prisoners were curious about what the abolition would mean for their sentences, which are served in isolation from the general prison population.

Elman could provide no timetable for when the prisoners would be moved out of their current cells, but Maki said the inmates should be prepared for significant changes, including possibly having to share a cell with another inmate.

"Their life in prison arguably gets worse," Maki said.

At least one state lawmaker said Pontiac officials should be given clear directions on what to do with the inmates.

"Those correctional facilities need to know what to do with those death row inmates and transition them to wherever they will be housed to comply with the law as it stands now," said state Rep. Jason Barickman, R-Champaign, who represents Pontiac.

Elman said it is too early to know how the emptied space will be used. For the most part, the section set aside for condemned inmates looks similar to the rest of the 1,650-inmate facility.

"It's basically indistinguishable from other parts of the prison," said Maki.

There is no official space dedicated to a female version of death row at Dwight because there were no women sentenced to death at the time of Quinn's action.

If there were, however, Elman said they too would be separated by sight and sound from other inmates.

Source: Bloomington Pantagraph, March 9, 2011
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Thursday, March 3, 2011

U.S.: Replacement execution drug ample, but has issues

ATLANTA — On paper, the drug that states are increasingly counting on to replace a sedative used in executions shares several drawbacks with the one that's no longer readily available.

Both were intended for other uses. Each was or is made by only one company in the U.S. And the substitute drug will have to run the same legal gauntlet that the first drug survived.

There is one key difference, however: Experts say there is plenty of the replacement, pentobarbital, and it's not likely the manufacturer will abruptly halt production and touch off the kind of supply crisis that struck the first drug's maker.

There already was a shortage of sodium thiopental before its manufacturer, Hospira Inc., said in January it would no longer make the drug, sending most of the 35 death penalty states scrambling for an alternative. The Lake Forest, Ill.-based company quit production when lawmakers in Italy, home of the company's new factory, demanded assurances that the substance would not be used in executions.

Lundbeck Inc., which makes pentobarbital, is based in Denmark -- another European country that opposes the death penalty.

However, Lundbeck and outside experts said there is no shortage in sight. And independent data collected by a health firm showed the drug's sales have steadily increased since 2005.

A shortage doesn't appear to be on the horizon, though it could arise without warning, said Dr. David Varlotta, a Tampa, Fla., anesthesiologist who sits on the board of the American Society of Anesthesiologists. That could throw the capital punishment calendar in the U.S. off schedule all over again.

"The shortages come up so rapidly, we don't have time to prepare," he said, noting that his hospital is facing shortfalls of key anesthetics because of the volatility of the supply chain.

Using pentobarbital for lethal injections also raises medical questions, since it has only been used in a few executions and rarely is used in humans. Varlotta, for one, said he has not used pentobarbital since 1986.

"If departments of corrections are moving toward pentobarbital, they're moving away from the expertise of anesthesiologists," said Varlotta, who was appointed in 2007 to study Florida's lethal injection procedure after a botched execution there.

Others say there's no reason to fear a switch. Mark Dershwitz, a University of Massachusetts anesthesiologist, said pentobarbital could be readily adopted by states as long as the supply holds up. The biggest difference between the two drugs, he said, is that pentobarbital knocks out patients longer.

"And no one can say that's a disadvantage when used in an execution," he said.

The shortage of sodium thiopental -- which for more than 30 years has been the first of a three-drug cocktail used by dozens of states -- had corrections departments across the country delaying executions and looking to overseas manufacturers not approved by federal regulators. Officials had hoped the more potent pentobarbital would ease the crisis.

Oklahoma adopted pentobarbital last year as part of its three-drug combination. As the shortage of sodium thiopental grew worse, Ohio announced it would use it alone to put inmates to death. And an Associated Press review revealed every state but South Carolina said it is considering switching to alternatives, which is only likely to intensify scrutiny of pentobarbital.

Sally Benjamin Young, a spokeswoman for Lundbeck's U.S. subsidiary that makes pentobarbital, would not disclose how much pentobarbital the company manufactures in the U.S. each year. But she said the company has had no supply problems thus far and did not expect future supply issues.

However, using the drug for executions is not what the company intended and "goes against everything we're in business to do," she said.

The drug was originally introduced to market in 1973 and Lundbeck acquired the product rights in 2003, Young said. The company, whose U.S. headquarters are a few miles from Hospira's in Deerfield, Ill., has been making the drug in the same Kansas facility since 2007, and Young said Lundbeck has no plans to move the product to another factory.

Sales of pentobarbital grew by 16 percent between 2009 and 2010, according to IMS Health. The independent firm said some $25.5 million worth of the drug, brand name Nembutal, was sold in 2010 -- more than double the $10.1 million sold in 2006.

Lundbeck said it has no way of keeping the drug out of death chambers. And it's unlikely the Danish government can step in as Italian authorities did, said Maya Foa, an investigator with London-based civil rights group Reprieve, which opposes the death penalty. Regulators could be hamstrung because the company's manufacturing plant is in the U.S., she said.

"There's not a lot they can do about it," said Foa, who is visiting Denmark this week to meet with local officials. "They say once they sell a product, they have no control over how it's used."

Pentobarbital likely will have to pass legal muster in U.S. courts. As they did with sodium thiopental, inmates have begun to argue that the drug does not adequately sedate the condemned, leading to a painful death that violates the constitutional ban on cruel and unusual punishment.

The U.S. Supreme Court ultimately ruled that sodium thiopental was constitutional.

Source: Chicago Tribune, March 2, 2011
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Wednesday, February 23, 2011

The EU should impose sanctions on Gaddafi

Over on the Spectator's Coffee House blog, we set out the case for imposing sanctions on Gaddfi's regime (while also looking at the difficulties EU member states are facing in coming up with a common policy on Libya, in what is a painfully familar story).

We argue,
The EU spends €460 million a year in operational costs alone on its new foreign policy department, the External Action Service, headed up by Catherine Ashton. This body - created by the Lisbon Treaty - was Europe’s ‘great white hope’ for the global stage, finally allowing it to speak with one voice and therefore giving it leverage where it previously had none.

It hasn’t quite worked out that way. Caught between Cairo and Tripoli, the EU has received yet another reminder that its bureaucracies and institutions cannot magically replace 27 individual foreign policies, as EU leaders continue their bickering over what to do.

The EU’s response to the turbulence in Libya has been fragmented at best, and contradictory at worst. Italian PM Silvio Berlusconi – one of the few EU leaders with some clout in Libya – initially said that he didn’t wish to “disturb” Colonel Gaddafi since the situation was “evolving”. Czech Foreign Minister Karel Schwarzenberg maintained that the EU should not "get involved too much" because, "If Gaddafi falls, then there will be bigger catastrophes in the world”, though he later said he had meant something else.

In stark contrast, Finland, France – and in more careful language also Germany – have called for sanctions to be imposed on Gaddafi, including a travel ban and a freeze on his and his family’s assets, something categorically rejected by Italy and a few other countries. Still others have spoken in terms of general condemnation but proposed no concrete action, a group including Britain so far. Meanwhile, no one is paying much attention to the EU’s alleged foreign policy chief, Catherine Ashton. It all feels awfully familiar.

Does the absence of a common EU stance matter? I believe it does. While it’s true that the EU’s leverage in Libya and some other parts of Northern Africa and the Middle East is very limited, when Europe does pull together it can actually exert influence in its backyard. Enlargement remains the EU’s greatest foreign policy achievement made possible through a mix of aid and trade incentives.

So what should be done?

The UK should throw its full weight behind German, French and Finnish calls for sanctions, including an EU-wide travel ban on Gaddafi and his family, as well as a freezing of their assets across the bloc. Other possible responses, such as imposing a no-fly zone over Libya, should also be explored. The Colonel’s delirious speech yesterday – and his son’s comments that the family will fight “to the last bullet” – have confirmed that Gaddafi ranks amongst the Mugabes of this world (if anyone for a second thought otherwise).

Finnish Foreign Minister Alexander Stubb put it best when he said that "How can we on one side look at what's going on in Libya, with almost 300 people shot dead, and not talk about sanctions or travel bans, and at the same time put travel bans and sanctions in Belarus?". EU-wide sanctions could hurt Gaddafi – financially and politically – but waiting for too long will lessen their impact.

In terms of responding to the challenges in the wider region, David Cameron is absolutely correct in calling for radical reform of the EU’s neighbourhood policy, which together with other European programmes (such as the European Investment Bank), has dished out billions to the region, with few strings attached. In future, no reform on the human rights front should mean no cash.

At the same time, the EU needs to use other incentives and tools to promote long-term democratic and economic transformation in the region. For example, the EU should consider opening up its markets to more goods from North African countries on the path towards democracy. This should include agricultural products, which at the moment face a patchwork of tariffs in various guises before they can enter Europe. These barriers are contributing to rural poverty in North Africa and therefore instability. The UK is in a strong position to spearhead such trade reforms.

To give with aid on the one hand and take away through trade restrictions with the other makes no sense. Alas, it’s symptomatic of the inconsistency that too often characterises the EU’s relations with the outside world.

The Libyan protesters’ push for change presents an opportunity for Europe to put this right.

Friday, February 18, 2011

Ohio executes Frank G. Spisak Jr.

Frank G. Spisak Jr.
Serial killer Frank G. Spisak Jr., a Hitler devotee whose 1982 murder spree on the Cleveland State University campus terrified a city, was executed Thursday morning, the state said.

The death sentence was carried out at the Southern Ohio Correctional Facility via intravenous lethal injection. The time of death was 10:34 a.m. His sentence was imposed in 1983 by the Cuyahoga County Common Pleas Court.

Spisak, 59, read his final statement — a German language reading of Revelation 21:1-7 — which begins, “Then I saw a new heaven and earth, for the first heaven and the first earth had passed away."

In a prepared statement, Cora Warford, the mother of one of Spisak’s victims, said, “In memory of my baby boy, Brian Warford, I can finally say justice has been served. Spisak will have to stand before a higher court one day as we all will, and may God have mercy on his soul.”

Witnesses to Thursday’s lethal injection were to include Brian Warford’s two brothers, the daughter of victim Timothy Sheehan, and John Hardaway, who survived being shot by Spisak. The lead prosecutor in the case, Donald Nugent, now a federal judge, also was to witness the execution. Spisak’s attorneys and a friend, Bill Kimberlin, were to witness on his behalf.

Kimberlin is a professor of psychology at Lorain Community College who studies death row inmate. Kimberlin became acquainted with Spisak while doing that research, said Carlo LoPara, spokesman for the Ohio Department of Rehabilitation and Correction.

Spisak, 59, arrived at the Lucasville prison from death row in Mansfield just before 10 a.m. Wednesday. “His mood was calm and reserved,” LoParo said.

He ate a “special meal” of spaghetti, tossed salad, chocolate cake, root beer and coffee Wednesday night, LoParo said. He spent the night resting in bed and listening to music. He wrote a letter.

Two priests conducted a Roman Catholic Mass for Spisak at the death house at 7 a.m. Thursday, three hours before the scheduled execution. “There was an indication during the Mass he was a bit emotional,” LoParo said.

He said Spisak’s body is to be cremated and the state will handle disposition of the remains.

A self-acknowledged disciple of Adolf Hitler, Spisak, 59, killed 3 men, wounded Hardaway and shot at a woman. He later admitted he went on “hunting parties” to kill blacks in hopes of fomenting a race war in Cleveland.

The survivors later identified Spisak as their assailant. Spisak admitted to the crimes, but unsuccessfully argued at his 1983 trial that he was legally insane.

In a clemency report last month that unanimously recommended against sparing Spisak’s life, the Ohio Parole Board told Gov. John Kasich that Spisak remains fascinated by Nazis and still reads books about Hitler, though he says he no longer agrees with Hitler’s philosophies. Spisak has said he learned racial tolerance by associating with blacks on death row.

“Spisak’s expressions of remorse for his victims are insincere and manipulative,” the report said. It noted that in 2004, Spisak wrote a threatening letter to the son of one of his victims. The son, Brendan Sheehan, was an assistant Cuyahoga County prosecutor and is now a common pleas judge.

Kasich denied clemency, and a federal appeals court on Tuesday denied Spisak’s last-minute bid for a stay of execution. The U.S. Supreme Court declined to step in.

Spisak’s attorneys attempted to halt the execution by quoting anti-death penalty statements this year by former Ohio Supreme Court Justice Paul Pfeifer, a Republican who helped to write the state’s death penalty law while in the legislature. Pfeifer said he no longer supports the death penalty and the process lacks the proper reviews.

Spisak is to be the last Ohio inmate to be executed using the drug sodium thiopental, whose production in Italy has been discontinued amid controversy about its use in capital punishment.

The state intends to use another single drug — Pentobarbital, also known as Nembutal — in future executions, beginning with that of Johnnie Baston of Toledo on March 10. Including Spisak, 9 executions are set for 2011 in Ohio.

Spisak becomes the 1st condemned inmate to be put to death this year in Ohio and the 42nd overall since the state resumed capital punishment in 1999.

Spisak becomes the 7th condemned inmate to be put to death this year in the USA and the 1241st overall since the nation resumed executions on January 17, 1977.

Related article: "Two voices, one story", Gamso for the Defense, Feb. 17, 2011

Sources: Springfield News Sun, Rick Halperin, Feb. 17, 2011
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