Judge orders execution of Oregon death row inmate

A Marion County judge has authorized the Aug. 16 execution of Oregon death row inmate Gary Haugen, clearing the way for the first execution in this state in 14 years.

Haugen, 49, essentially volunteered to die by lethal injection, waiving all further appeals of his death sentence.

Barring a change of heart, he will be the first Oregon inmate put to death since double-killer Harry Moore of Salem was executed in 1997.

After 30 years in prison, Haugen said he doesn’t want to languish on death row or “rub elbows” with certain other condemned killers he despises.

“The bottom line is, I feel like a dinosaur in a world that is evolving around me,” he said.

Judge Joseph Guimond issued Haugen’s death warrant after a sometimes-contentious court hearing on Wednesday in which Haugen dumped his 2 attorneys and blasted their attempts to delay his execution.

Haugen, 49, described his decision to drop all his appeals as a self-sacrifice, intended to rivet attention on “the farce” of taxpayer dollars spent on death row and to protest the “hypocricy” of the justice system.

While more than 30 killers await execution on death row at the Oregon State Penitentiary in Salem, Haugen complained that there are serial killers — “mutants,” he called them — serving life sentences within the general inmate population at the same prison.

“I am willing to sacrifice myself, fall on my sword, if you will” to protest such inequities, he said.

Haugen and another inmate, Jason Brumwell, landed on death row in 2007, when both were convicted of killing a third inmate at the state penitentiary in Salem.

At a joint trial in Marion County Circuit Court, Haugen and Brumwell were convicted by a jury for the 2003 slaying of inmate David Polin.

Polin suffered a crushed skull and 84 stab wounds.

Prosecutors maintained that Haugen and Brumwell killed Polin because they mistakenly believed he snitched to prison officials about their use of drugs.

At the time of Polin’s murder, Haugen was in prison for the 1981 murder of his ex-girlfriend’s mother in Portland.

During sometimes-testy court proceedings on Wednesday, Haugen fired his court-appointed attorneys, Andy Simrin and Keith Goody. He complained that they had been acting against his wishes by filing legal motions and taking other steps to delay his execution.

“This is my time to choose,” Haugen said. He added: “They’re trying to take that away from me, your honor, and it’s damaging my spirit."

At Haugen’s behest, Simrin and Goody were formally removed as his attorneys. Haugen now represents himself in all legal matters.

In another unusual development, Haugen came to the defense of the judge who signed his death warrant.

Haugen heaped praise on Guimond after Simrin and Goody filed a motion on Tuesday seeking to recuse, or remove, the judge from the death warrant case. The motion was denied by Judge Thomas Hart, and Guimond then entered the courtroom to preside over the death warrant hearing.

Source: Statesman Journal, May 18, 2011

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Giving Life After Death Row

EIGHT years ago I was sentenced to death for the murders of my wife and three children. I am guilty. I once thought that I could fool others into believing this was not true. Failing that, I tried to convince myself that it didn’t matter. But gradually, the enormity of what I did seeped in; that was followed by remorse and then a wish to make amends.

I spend 22 hours a day locked in a 6 foot by 8 foot box on Oregon’s death row. There is no way to atone for my crimes, but I believe that a profound benefit to society can come from my circumstances. I have asked to end my remaining appeals, and then donate my organs after my execution to those who need them. But my request has been rejected by the prison authorities.

Click here to read the full article.

Source: The New York Times, March 5, 2011

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U.S.: 13 states including Alabama ask Justice Department aid in obtaining scarce execution drug

The Justice Department says it's reviewing a request by 13 states looking for the government's help obtaining supplies of a scarce execution drug.

States are scrambling to find enough sodium thiopental after its sole U.S. manufacturer ceased production and some overseas supplies dried up.

The states asked U.S. Attorney General Eric Holder Jan. 25 for help identifying sources for the drug or making federal supplies available to states. The states that signed the letter are: Alabama, Colorado, Delaware, Florida, Idaho, Mississippi, Missouri, Nevada, Oregon, Tennessee, Utah, Washington and Wyoming.

Arizona, Arkansas, California, Georgia and Tennessee have sought supplies in England, while Nebraska purchased a batch from India.

Justice Department spokeswoman Alisa Finelli says the agency will review the letter.

Source: Associated Press, Feb. 8, 2011

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Hospira to Stop Making Lethal-Injection Drug

The sole U.S. maker of a key execution drug has decided to permanently halt production of the drug, which could lead many states to face delay in carrying out the death penalty.

The decision made on Friday by Hospira Inc. caps months of controversy over thiopental sodium, an anesthetic that has long been used by states as a part of a cocktail of drugs administered during a lethal injection.

Hospira's decision puts a wrench in the nation's capital-punishment system. States can attempt to use another anesthetic in place of thiopental, but such a switch likely would need to be approved by courts and possibly state legislators.

Many states have run out of thiopental, forcing prison officials to delay executions. The drug shortage followed a 2009 decision by Hospira to suspend production due to manufacturing issues.

The Lake Forrest, Ill., company had planned to resume producing thiopental in the first quarter of 2011 at a company plant in Liscate, Italy. But in December, the Italian parliament issued an order binding the government to ensure that Hospira's Italian-made thiopental would not be used in lethal injections.

In the face of that opposition, Hospira ultimately decided to exit the thiopental market, said company spokeswoman Tareta Adams. "This will be a challenge for [medical] customers and we regret that," Ms. Adams said. "But we don't want to put our Italian facility at risk that the product will be misused" by U.S. prisons.

Hospira, she said, has had discussions with its drug distributors to see if the companies could block the drug from being sold to prisons, but Hospira ultimately decided there was no way to ensure the drug would not be "misused" by prisons.

Late last year, a drug used to euthanize animals was approved for use in capital punishment in Oklahoma. The shortage of thiopental sodium had prompted the state to seek court clearance to use pentobarbital as a substitute.

U.S. District Judge Stephen Friot in November approved the use of pentobarbital and denied requests to delay the executions of two Oklahoma inmates, whose attorneys had protested its use.

The state has said in court filings that veterinarians regard pentobarbital "as an ideal anesthetic agent for humane euthanasia in animals" and that it is "substantially" similar to thiopental.

Judge Friot's ruling could prompt other states to use pentobarbital, and thus prevent delays in capital punishment. In the early 1970s, Oklahoma was the first state to approve the use of thiopental in capital punishment, and it later become the nationwide standard for lethal injections.

Source: The Wall Street Journal, January 21, 2011

How Italian Catholics pulled the plug on US executions

The news has broken today that the sole US manufacturer of a key drug used in lethal injections will cease production because authorities in Italy, where the drug was to be made, wanted a guarantee that it wouldn't be used to put inmates to death.

Hospira Inc. of Lake Forest, Ill, had decided to switch production of the anaesthetic sodium thiopental from its North Carolina plant to Liscate, outside of Milan. But the Italian Parliament wanted the company to control the product's distribution to prevent it being used for executions. Hospira decided it couldn't make that promise and has decided to suspend production -- potentially throwing the death penalty system in the US into disarray.

But what's missing from today's reports is that behind the Italian Parliament's insistence is a lay Catholic movement dedicated -- among many other things - to the eradication of the death penalty around the world. The Rome-based Community of Sant'Egidio had been engaged in discussions with Hospira's Italian subsidiary, Hospira SL, which led to meetings with the Foreign Affairs minister, Franco Frattini, and the Ministry of Health. The result of those meetings was an agreement that the production of the drug in Italy would have to be for strictly therapeutic purposes. The company has long deplored its use in executions, and said it regretted the need to cease production.

Hospira's choice to end production because it couldn't give that guarantee was described as "highly responsible" by Sant'Egidio's spokesman, Mario Marazziti, who said: "It highlights the point that therapeutic drugs and doctors should never be used to bring about death".

Sodium thiopental is already in short supply after the British government last November also banned the UK manufacture of the drug following a campaign by the British NGO Reprieve. According to the Wall Street Journal's law blog, Hospira's decision means the death penalty system in the US "is potentially thrown into turmoil". States can attempt to use another anaesthetic instead -- Oklahoma, for example, has switched to a drug used to euthanise cats and dogs -- but it involves seeking clearance from the courts, which is likely to delay executions.

There is a lesson here about globalization. It's not just the market that's gone global. It's civil society pressure, too.

Source: America Magazine, January 21, 2011


States Face Shortage of Key Lethal Injection Drug

The sole American manufacturer of an anesthetic widely used in lethal injections said Friday that it would no longer produce the drug, a move likely to delay more executions and force states to adopt new drug combinations.

The manufacturer, Hospira Inc., of Lake Forest, Ill., had originally planned to resume production of the drug, sodium thiopental, this winter at a plant in Italy, giving state corrections departments hope that the scarcity that began last fall would ease.

But the Italian authorities said they would not permit export of the drug if it might be used for capital punishment. Hospira said in a statement Friday that its aim was to serve medical customers, but that “we could not prevent the drug from being diverted to departments of corrections” and the company did not want to expose itself to liability in Italy.

Hospira does not have domestic facilities that can make sodium thiopental, said Daniel Rosenberg, a spokesman, and has decided to “exit the market.” No other American companies manufacture the drug, which has largely been supplanted by alternatives in hospitals but is used by 34 of the 35 states that use lethal injection to carry out the death penalty. An average of 55 executions have taken place annually over the last 10 years, with 46 last year and 52 in 2009, virtually all of them by lethal injection.

During what had been described as a temporary halt to production last year, scarcity of sodium thiopental led to delays in scheduled executions in at least two states, California and Oklahoma.

The extent to which execution schedules will be further disrupted by the drug shortage is not yet clear, but it could be considerable. In many states, adopting a new protocol for lethal injections requires formal proposals, public comment and often challenges in court — a process that can take months or more, said Richard Dieter, executive director of the Death Penalty Information Center. But in others, switching drugs might be done more quickly, by administrative fiat.

Lethal injections commonly involve a sequence of three drugs that is set by state regulations: an anesthetic — sodium thiopental in every state but Oklahoma — intended to prevent pain, followed by a muscle relaxant and a drug that stops the heart.

As the shortage became acute last fall, California and Arizona obtained shipments of sodium thiopental from England, but the British government has since refused to allow exports of drugs for use in capital punishment, a policy that is under consideration by the entire European Union.

Those were two of several special shipments to corrections departments permitted by the Food and Drug Administration in 2009 and 2010, said Christopher Kelly, a spokesman for the agency. “No shipments are currently being held,” Mr. Kelly said on Friday.

Texas, which carries out more executions than any other state, has an aging stock of sodium thiopental that will expire in March, leaving it unusable.

“There currently are four executions scheduled in Texas — two in February, one in May and one in July,” said Michelle Lyons, director of public information at the Texas Department of Criminal Justice. “At this time, we have enough sodium thiopental on hand to carry out the two executions scheduled in February. In March, our supply of this particular drug is set to expire.”

“The Texas Department of Criminal Justice will explore other options, including possibly seeking an alternate drug for use in Texas’ lethal injection process,” she said in an e-mail.

Two states, Ohio and Washington, use only one drug, sodium thiopental, which is fatal at larger doses for executions.

“What I can tell you is Ohio does have enough sodium pentothal to carry out the execution scheduled in February,” said JoEllen Smith, a spokeswoman for the Ohio Department of Rehabilitation and Correction, using an alternate name for the drug. “But beyond that we are going to decline to comment on our supply of the lethal injection drug.”

Officials in Washington said that they had not had time to consider how to adapt to the news that sodium thiopental will no longer be available. The state has seven people on death row, but no executions are currently scheduled.

Officials in Arizona, where 134 people are on death row, said they had enough sodium thiopental for five executions, although none are currently scheduled.

Many states are expected to follow the lead of Oklahoma, substituting pentobarbital — another, more easily available anesthetic — in a similar three-drug sequence.

Pentobarbital is widely used in veterinary medicine and is also used in legal human euthanasia in Oregon. Death penalty opponents challenged the switch last year in Oklahoma, arguing that the effectiveness of pentobarbital in preventing pain during executions had not been proved. But a federal judge sided with the state, which has since used the new drug in three executions.

Jerry Massie, a spokesman for the Oklahoma Department of Corrections, said the department orders the drug through a “private pharmacist” but would not specify who.

Only one company, Lundbeck Inc., now markets injectable pentobarbital in the United States, according to the F.D.A., but the agency said it was not aware of any shortage.      

Source: The New York Times, January 22, 2011
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Death Sentence Executions Rare In Oregon

PORTLAND, Ore. -- A Marion County jury recommended the death penalty Wednesday for a father and son convicted in a bank bombing that killed two police officers.

There are currently 36 men, now including Bruce and Joshua Turnidge, on death row in Oregon. A death penalty execution has not happened in the state since 1997.

Even after someone is sentenced to death, appeals and legal proceedings can keep them on death row for years.

But, knowing exactly how long the Turnidges could remain on death row is difficult to say.

"The most we can say is how long it is taking right now. And, right now it's taking in excess of 20 years," said Jeff Ellis, the capitol resource counsel for Oregon.

"Oregon has only executed two people in what we call the modern era, since the death penalty was re-instated by the United States Supreme Court. And, both of those people gave up their appeals. In other words, they said to courts, 'I don't want to appeal anymore. I want to be executed,'" he said.

Those two men were Douglas Franklin Wright and Harry Charles Moore

On Sept. 6, 1996, Wright became the first person executed in Oregon in 34 years. He received the death penalty for murdering three transients on the Warm Springs Indian Reservation.

In the days leading up to his execution, he confessed to an additional kidnapping and murder of a 10-year-old boy.

After an automatic appeal, Wright decided he would not appeal again.

"In fact, he volunteered this statement to me which is that if he had a choice of execution, it would be by firing squad because that is the method he used on his victims," said Frank Thompson from the Santiam Correctional Institution in regards to Wright's decision.

Instead of dying by firing squad, Wright became the first person in Oregon to be killed by lethal injection.

Eight months later on May 16, the state executed Moore by lethal injection. He was sentenced to die for murdering his half-sister and her former husband.

Like Wright, Moore volunteered to die.

Moore said he didn't want to wait on the death row he despises while appeals creep through the justice system.

Since Wright and Moore, other men have received the death penalty but no one else has been executed.

Source: kptv.com, December 22, 2010

Capital Punishment in Oregon - Facts & figures

Law Reinstated in Oregon

Bed used during execution

Oregon reinstated capital punishment in 1984, but the state's first execution in 34 years did not occur until September 6, 1996. At 12:16 a.m., Douglas Franklin Wright died by lethal injection in the execution room at Oregon State Penitentiary in Salem. That event focused an enormous amount of interest, curiosity and attention on the Department of Corrections and how executions are conducted, what its like to live on death row, and the entire issue of capital punishment in Oregon.

Life on Death Row

Once a male offender is convicted of aggravated murder and sentenced to die, he is sent directly to Oregon State Penitentiary. Although no women are sentenced to death in Oregon, their treatment would be comparable. They would be housed, however, at Coffee Creek Correctional Facility until shortly before the execution is scheduled to occur.

Oregon's death row inmates are segregated from the general population, with one inmate to a cell. All death row inmates are classified as maximum custody. Inmates on death row are permitted the same personal property in their cells as are inmates in general population, with the exception of those items that pose a threat to safety or security. For example, no metal items or glass containers may be kept in cells. Items inmates may purchase include televisions and radios (both to be used with headphones). Inmates may purchase items from the canteen (prison store) once per week.

Inmates may not keep a change of clothes in their cells, but rather must exchange clothing items on a one-for-one basis, three times a week.

Inmates are allotted a minimum 40 minutes of inside exercise (including showering and shaving) and 90 minutes of outside exercise per day, a minimum of five days per week. Inmates who choose to forgo outside exercise are limited to the inside exercise period.

Inmates may place collect telephone calls using the inmate telephone system from 6:00 a.m. to 10:00 p.m., by signing up. Other calls may be allowed as necessary.

Inmates are also provided one half hour of nondenominational religious counseling per week. If an inmate's spiritual needs cannot be met by prison clergy or volunteers, an outside spiritual advisor may be brought in.

Educational materials are provided to inmates upon written request although subject to review. Inmates also work as tier orderlies, in-house painters and yard orderlies.

Inmates are allowed reasonable visitations, but all visiting is non-contact and must be scheduled in advance.

Death Row housing rules are articulated by Oregon Administrative Rules 291-93-005 to 291-93-020.

Execution Policies/Procedures

It is the policy of the Department of Corrections to discharge its statutory responsibility to carry out death sentences while maintaining the safety and security of institutions as well as department staff and their families. Consistent with these policies, executions are conducted in a manner designed to protect the anonymity of department staff and other persons involved. Witnesses to executions agree not to describe, so as to identify, any staff.

Except as provided by statute, no employee of the Department of Corrections shall be required to participate in the execution of an inmate sentenced to death. The department provides professional support for all employees involved in an execution.

Receiving a Death Warrant

Commonly 45 days or more before a specified execution date, a death warrant is issued by the trial court judge in the county of commitment. The superintendent of Oregon State Penitentiary notifies the director of the Department of Corrections that an execution is scheduled and will take place as soon after midnight as possible on the date specified in the death warrant. The director, in turn, notifies the governor of the impending execution.

The superintendent also notifies the county medical examiner and requests the presence of the examiner or a representative at the execution and that the examiner be prepared to issue a certificate of death. The superintendent is responsible for selecting the executioner, whose identity remains confidential.

The director sends a written order to purchase the lethal substances required for execution, along with a copy of the death warrant, to a drug wholesaler. Supplies and equipment are also assembled and prepared by the superintendent or his designee.

Arrangements will be made to ensure the telephone company has installed two dedicated emergency telephone lines that will ring directly into the execution room. The director will advise the governor and the attorney general of the telephone procedures.

The assistant superintendent of security is responsible for selecting two six-person special security teams (primary and back-up) to assist with the execution. In the weeks leading up to the execution date the assistant superintendent of security and the special security teams conduct drills simulating the movement and restraint of the inmate. They rehearse many scenarios along with medically trained personnel who are responsible for insertion of intravenous catheters and other staff who have assignments in the execution room.

Witness to the Execution

A number of people are invited to witness an execution. These people are specified both in statute (ORS 137.473) and administrative rules (291-024-0020 (3)). They include: one or more physicians, the attorney general, the sheriff and district attorney of the county in which the judgment was rendered and one or more victim relatives. Additionally the inmate may select no more than five friends or relatives and no more than two religious representatives.

Five media representatives are invited to witness the execution: two selected by the Oregon Association of Broadcasters, two selected by the Oregon Newspaper Publishers´ Association (one of whom must be from the county in which judgment was rendered), and one representative of the Associated Press. These reporters will act as pool reporters for other media who are assembled in a designated media center on penitentiary grounds.

Other people, including peace officers, may be invited at the discretion of the superintendent.

Witnesses must be at least 18 and pass a security check. They also must be properly attired.

Countdown to Execution

Four Days

No less than four days prior to a scheduled execution date, the condemned inmate is transferred from his cell on death row to a special cell in the Intensive Management Unit (IMU), a separate super-maximum facility within the walls of Oregon State Penitentiary. The execution room cell is adjacent to the 73.5 sq. ft. execution room. Prior to Douglas Franklin Wright's execution the execution room was used as office space. Since 1996 it is used exclusively for executions because of necessary modifications and partitioning.

After transfer to the execution room cell, the condemned inmate is supervised 24-hours a day by a correctional officer, who keeps a log of all activities. All incoming mail is photocopied and the originals placed in storage in order to prevent the inmate receiving drug-infiltrated paper. The inmate is provided telephone privileges with the approval of the superintendent.

The condemned inmate is permitted one hour of exercise per day, so long as it causes no security or safety risks. The inmate is not permitted contact with any other inmates. He is served the same food as other inmates assigned to the IMU. New institutional clothing is issued to the inmate and is exchanged as needed.

At the discretion of the superintendent there may be daily visits with members of the inmate's family, approved religious representatives, and others who are on the inmate's approved visiting list and requested by the inmate.

Two Days

Forty-eight hours prior to execution, the superintendent ensures that all arrangements have been made for the execution and that sufficient additional correctional officers are scheduled to work the evening prior to the execution.

The superintendent ensures that his/her executive assistant has either prepared or obtained a certificate of death that reflects the cause of death as execution by lethal injection. A form authorizing release of the body, to be signed by the mortician, is also prepared in advance.

One Day

Twenty-four hours prior to execution a medically trained individual prepares and secures the necessary syringes with the lethal solutions, and separately prepares and secures back-up syringes. Secure storage is the responsibility of the assistant superintendent of security.

Penitentiary staff work in concert with the Oregon State Police, the Salem Police and the Marion County Sheriff's office for perimeter security including crowd control, traffic control and penitentiary access. Inmate visiting may be limited or suspended the day before and after an execution.

A media center is set up on penitentiary grounds to accommodate the needs of the media. Only media who have arranged for credentials prior to the execution are admitted to the media center.

The inmate's last meal is personally prepared and served about 6 p.m. by a staff member assigned by the food services manager.

An emergency command center is established in the superintendent's office to manage institutional affairs during the hours preceding and immediately following an execution. The assistant superintendent of Program Services is assigned to manage the command center.

The emergency telephone lines in the Execution Room are checked at 6 p.m. and again at 9 p.m. At 9:30 p.m. they are tested every half-hour until 11:30 p.m. The command center will establish radio contact with the officer-in-charge of the IMU to ensure that messages can be conveyed in the event that institutional or emergency telephone lines become inoperable.

All witnesses and designated media representatives gather in pre-arranged locations at approximately 10 p.m. They remain under staff supervision while on penitentiary grounds. Prior to being escorted to the IMU they are briefed by staff about procedures and what to expect; they are also visited by a counselor who offers information on the psychological effects of witnessing an execution. Security procedures require witnesses to pass through one or more metal detectors. Witnesses may not carry recording devices once they assemble on penitentiary grounds. The only hand-carried items allowed within the penitentiary are note pads and pens or pencils issued by the department.

The Final Minutes

At 11:30 p.m. the assistant superintendent, Security, confirms that the clock used to determine the time to carry out the execution is accurate. The superintendent accompanies the executioner(s) to the execution room and ensures that the confidentiality of the executioner is not compromised.

Once restraints have been applied to the inmate, the Special Security Team leader instructs the officer supervising the execution room cell to open the cell door. The leader supervises the activities of the Special Security Team members, who escort the inmate in security restraints from the cell and position and properly restrain the inmate on the table. There are no visits once the inmate has been moved to the execution room.

Medically trained individuals connect a heart monitor to the inmate which helps determine when death has occurred. They also insert two intravenous catheters -- one primary and one back-up -- in the most appropriate locations on the inmate's body, usually the arms and/or hands.

Following insertion of the intravenous catheters the witnesses are escorted to the witness area. Two correctional captains are stationed in the witness area to assist witnesses and maintain decorum. If at any point in the execution process a stay of execution is ordered, the superintendent shall halt all execution procedures and the witnesses shall be removed.

The Execution

Immediately prior to execution, the assistant superintendent, Security, inspects all straps, and with the assistance of medically trained staff, makes a final inspection of the intravenous catheters and the injection equipment. Upon authorization from the superintendent the window coverings are lifted so the witnesses can see the inmate in position on the table. The table is designed to slightly elevate the inmate´s head so witnesses have full view of the actual execution.

If no stay of execution has been received via the open phone lines to the governor and the attorney general, as soon after midnight as possible, the superintendent signals the executioner to begin injection of lethal solutions into the injection port of the intravenous catheters. As prescribed by ORS 137.473, the lethal solutions include an ultra-short acting barbiturate in combination with a chemical paralytic agent and potassium chloride or other equally effective substances sufficient to cause death.

The executioner signals the superintendent when infusion of the lethal substances has been completed. Once death occurs, the time is noted. The superintendent summons a medical professional to officially certify the inmate´s death. The superintendent announces the time of death to the witnesses. The time of death is conveyed via telephone to the communications manager who announces it to the media assembled in the media center.

After the witnesses leave the execution area, they are joined by the superintendent who conveys the inmates last words. Media witnesses are escorted to the media center to share their experiences and impressions with their colleagues as prearranged. Other witnesses are escorted off of penitentiary grounds.

The assistant superintendent, Security, will remain to supervise the removal of the body. The body is released to a funeral home after the body is properly identified using identification photographs for comparison. The State Police are notified when the execution is complete and the body is ready for removal.

The inmate´s predesignated contact person will be notified to contact the funeral home to which theinmate´s body was taken. This contact person will also receive the inmate´s personal property and any amount of money in the inmate´s trust account, after deducting any expenses incurred by the department and related to the death of the inmate.

©1997 Oregon Department of Corrections