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Friday, May 2, 2014

Report on botched Oklahoma execution reveals Clayton Lockett was shocked with stun gun, injected in groin


"The botched Oklahoma execution of Clayton Lockett was largely due to a collapsed vein during the lethal injection, and the needle was inserted in the groin area instead of the arm after prison officials used a stun gun to restrain him, a prisons report said on Thursday."

Cenk Uygur (http://www.twitter.com/cenkuygur) host of The Young Turks breaks down the story and discusses reactions from Donny Deutsch, Senator Tom Coburn and Senator James Inhofe. 

"Pressed on "Morning Joe," Senator Tom Coburn conceded that the episode raises questions "about the death penalty and whether or not that, in and of itself, is appropriate and whether you can do that humanely." But Coburn said the number of botched lethal injections is "very, very small." "Humans make errors," Coburn said.

Read more from Politico here:

Read more from Reuters here: 



Prison officials in Oklahoma inserted lethal drugs into an inmate's groin after failing to find a vein elsewhere during an execution that went wrong.

They took 51 minutes to find a suitable vein and did not realise the one they chose in his groin had collapsed.

Clayton Lockett succumbed to a heart attack 10 minutes after his execution was stopped, as he writhed and mumbled.

The corrections department disclosed new details of his last moments in a letter to the state governor.

It shows that Lockett fought with guards attempting to remove him from his cell on the morning of his execution.

He was subsequently shocked with a stun gun and taken to a prison infirmary, where a cut said to be self-inflicted was treated.

17:27 - Lockett restrained on execution table
17:27 - Doctor begins looking for a vein
18:18 - Insertion in groin complete, covered with sheet
18:23 - Sedative administered
18:33 - Doctor declares Lockett unconscious, second and third drugs injected
18:42 - Lockett is restless, shades lowered
18:44 - Vein collapse discovered
18:56 - Execution halted
19:06 - Lockett dies from a heart attack
All times local - Central Time

The intravenous line was placed in Lockett's groin and covered with a sheet, according to prisons director Robert Patton's letter to Oklahoma Governor Mary Fallin, which included a detailed timeline.

It became dislodged and was not discovered until 21 minutes after the execution began and all the lethal drugs had been administered.

"The drugs had either absorbed into tissue, leaked out or both," Mr Patton wrote.

"The director asked the following question, 'Have enough drugs been administered to cause death?' The doctor responded, 'No.'"

The doctor detected a faint heartbeat and Mr Patton halted the execution but it was too late to save Lockett's life.

Oklahoma Governor Mary Fallin (left) has called for 
a review into the execution of inmate Clayton Lockett

Charles Warner's execution was initially rescheduled for 13 May, but Ms Fallin said on Thursday she was open to issuing a 60-day stay if need be.

"If it does require more time, then yes, I think they should take more time," she told US media. "We need to get it right."

Ms Fallin also ordered an "independent review" of the state's execution protocols, saying the state's department of public safety would lead the inquiry.

Her call for a review was echoed by Mr Patton in his letter.

Lockett was sentenced to death for shooting 19-year-old Stephanie Neiman and watching as two accomplices buried her alive in 1999.

Ms Neiman and a friend had interrupted the men as they robbed a home.

The problems surrounding Lockett's execution come amid a wider debate over the legality of the three-drug method and whether its use violates guarantees in the US constitution "against cruel and unusual punishment".

US states have encountered increasing problems in obtaining the drugs for lethal injections, amid an embargo by European pharmaceutical firms.

http://www.theguardian.com/world/2014/may/01/oklahoma-clayton-lockett-tasered-before-botched-execution

Clayton Lockett, the death-row inmate who was the subject of a botched execution by the state of Oklahoma, was Tasered by prison staff and had cut his own arm on the day of the failed procedure, according to a timeline released by the state's corrections chief on Thursday.

The document released by the director of the corrections department, Robert Patton, shows that medical staff could not find a suitable vein on any of his limbs in which to inject the lethal drugs intended to kill him, and had to use his groin instead. Lockett died, apparently from a heart attack, 43 minutes after his attempted execution began and 10 minutes after it had been called off.

Patton recommended an indefinite stay of executions in Oklahoma until procedures for judicial killings in the state are completely rewritten and staff retrained. The execution of another inmate, Charles Warner, also due to have been carried out on Tuesday, has already been postponed.

“It will take several days or possibly weeks to refine the new protocols,” Patton wrote in a letter to the Republican governor of Oklahoma, Mary Fallin. “Once written, staff will require extensive training and understanding of new protocols before an execution can be scheduled. I recommend asking the court of criminal appeals to issue an indefinite stay of execution.” Patton said he supported an “external investigation” of Lockett's death.

Fallin said on Thursday that she had the authority to grant a 60-day moratorium before the attorney general would petition the appeals court for an extension. “We need to take as long as possible to get the answer right,” she told reporters.

Alex Weintz, a spokesman for Fallin, said the state “will not proceed with any executions until department of corrections protocols can be reviewed and updated, and staff then trained to implement those new protocols.”

The timeline published by Oklahoma details a chaotic scene in the death chamber before and during the failed execution, as staff struggle to place an intravenous line into Lockett, report that he was unconscious, but then did not spot that the IV connection had failed because they had covered Lockett groin with a sheet, to prevent that area of his body from being seen by witnesses.

The document is notable as much for what it leaves out as for what it reveals: there is no mention of the three minutes in which witnesses saw Lockett thrashing violently on the gurney and attempting to speak, despite having been declared unconscious. Neither does it say anything about what happened in the ten minutes between the procedure being called off and the moment Lockett died.

Lawyers, state officials and journalists from media groups including the Guardian witnessed the first 16 minutes of the attempted execution before officials drew the blinds that separated the viewing room from the death chamber. For the final three visible minutes, Lockett writhed, groaned, attempted to lift himself off the gurney and tried to speak, despite a doctor having declared him unconscious.

Oklahoma corrections director Robert Patton addresses the media about the execution of Clayton Lockett. 
Photograph: John Clanton/AP

Lockett was convicted in 2000 and sentenced to death for the kidnap and murder of a 19-year-old, Stephanie Neiman, during a home invasion the previous year. She survived the initial assault, and Lockett ordered two accomplices to bury her alive. He also raped one of her friends. His accomplices are serving life sentences.

Neiman had graduated from high school only two weeks before her death. Her parents, Steve and Susie Neiman, supported Lockett's sentence. After his death on Tuesday, the Neimans issued a statement, saying: “We are thankful this day has finally arrived and justice will finally be served.”

The timeline released by Patton shows that just after 5am on Tuesday, Lockett had refused to be restrained when officers arrived to take him for X-rays. A correctional emergency response team (Cert) was called to use force on him, and he was Tasered at 5.50am. Three minutes later he was found to have a self-inflicted cut on his arm. At 8.15am, the wound was determined not to be serious enough to require sutures.

Oklahoma's timeline also goes into detail about what happened before and during the attempted execution. At 5.22pm, Lockett was restrained on the execution table, but a suitable vein could not be found anywhere on his body in which to insert an intravenous line. Veins on his legs and arms were rejected before a doctor examined his neck, and then finally his groin.

The timeline reveals that the insertion point was covered by a sheet “to prevent witness viewing of the groin area”. The execution began at 6.23pm with the injection of the first of a cocktail of three drugs, but the intravenous line – covered by the sheet – was only checked after 6.44pm, when the blinds between the execution chamber and the viewing room were lowered.

The report says: “The doctor checked the IV and reported the blood vein had collapsed, and the drugs had either absorbed into tissue, leaked out or both. The warden immediately contacted the director by phone and reported the information to the director.”

According to the timeline, Patton asked if enough drugs had been administered to cause death, to which the doctor replied “no”. The director then asked if another vein was available to complete the execution, and if so, were there enough drugs left. The doctor answered no to both questions, the timeline reveals.

The doctor reported a “faint heartbeat”, and at 6.56pm, Patton called off the execution. The timeline does not detail what happened between then and 7.06pm, when Lockett was declared dead.

At an open meeting of the board of corrections on Thursday, Patton refused to answer a question from the Guardian about whether any attempts were made to revive Lockett, and walked out of the room.

Fallin was asked later whether she believed that what happened to Lockett was constitutional. “That will be answered by the courts and by those that are in authority,” the governor said, adding that she did not know if any attempts had been made to resuscitate Lockett after the execution was called off.

Oklahoma governor Mary Fallin. Photograph: Sue Ogrocki/AP

Attorneys for Lockett and Warner had challenged Oklahoma's secrecy about the source of death penalty drugs, which is permitted under a state law enacted in 2011. The state used a cocktail of drugs in Tuesday's procedure in dosages that were untested in American executions. But the timeline appears to indicate that problems with the execution could be attributed to the failure even to inject the drugs properly.

Madeline Cohen, a lawyer for Warner, the second of the two inmates due to have been put to death on Tuesday, agreed with Patton's conclusion that an indefinite suspension of executions was necessary.

“As the Oklahoma department of corrections dribbles out piecemeal information about Clayton Lockett's botched execution, they have revealed that Mr Lockett was killed using an invasive and painful method – an IV line in his groin,” she said. “Placing such a femoral IV line requires highly specialised medical training and expertise.

“Furthermore, the timeline the department of corrections has released strongly indicates that the femoral IV was never properly inserted, and the drugs were injected into Mr Lockett's flesh, rather than his veins,” she said.

Specialists expressed particular alarm that the final minutes of the attempted execution were obscured from public view. “It’s abysmal that they had the gall to close the curtains at a time when transparency was essential,” said one expert familiar with drugs used in Oklahoma’s botched execution of Lockett, who declined to be named. “That’s when witnesses were most needed to report back what happened to the rest of the country.”

The expert said that it should have been possible to save Lockett’s life once the execution had been called off and even after the drugs had been administered. Medics could have very likely saved Lockett by deploying a breathing tube, placing him on a ventilator, and applying tourniquets to his arms to prevent the drugs reaching his heart, the specialist said.

Cohen expressed concern about the failure by the timeline released on Thursday to account for what happened in the ten minutes between the suspension of Lockett's execution and his death. “We need so many answers,” she said

On Wednesday, Fallin directed the Oklahoma department of public safety to review what happened to Lockett. Lockett's body was moved overnight to the Southwestern Institute for Forensic Science in Dallas, which will carry out a postmortem examination.

Lockett's attorneys expressed doubt that the review would be independent. The commissioner of the department of public safety, Michael Thompson, is a Fallin appointee and was in the execution viewing room on Tuesday night. Fallin “did not assign this duty to a neutral, third party with independent interests”, said Dean Sanderford, an attorney for Lockett.


“Instead, she has charged the commissioner of the department of public safety with the job. The DPS is a state agency, and its commissioner reports to the governor. As such, the review proposed by governor Fallin would not be conducted by a neutral, independent entity. In order to understand exactly what went wrong in [Tuesday’s] horrific execution, and restore any confidence in the execution process, the death of Clayton Lockett must be investigated by a truly independent organisation, not a state employee or agency.”

Dogs Are Even Being Abused! Hammond cop abuses k9 unit


A police officer is being investigated after being caught on video abusing his K-9 dog. 

The officer, from Hammond, Indiana, was filmed during a traffic stop after he and his dog were called to the scene to search a car for drugs. 

The video, filmed by a civilian in a nearby home, shows an unidentified officer hitting the dog with the leash and dragging him up and hanging him in mid-air.

The officer, who has since been placed on administrative leave, was seen whipping the dog and holding him up by the scruff of the neck

The video was posted YouTube on April 30 with the comment: 'Hammond cops abuses K9 unit and slaps dog with leash and lifts dog by throat.'

Outraged viewers posted comments below, calling the police officer an 'utter scumbag' and 'damn monster'. 

In a statement, Hammond police department said: 'The Department has observed behavior by the K-9 handler that appears to be inconsistent with acceptable training guidelines.'

The officer has been placed on administrative leave. It is unclear if he is being paid while on leave. 

MailOnline was awaiting a comment from the K-9 Unit of the Hammond Police Department. 

Four of the dogs in the K-9 unit are trained to detect narcotics and two are trained to detect explosives.

The police's website states that 'training is major part of the duties of a K-9 Team'.

Execution Chaos: Witnesses Say Executions Are Botched As States Use Unte...


- As drug companies refuse to let their products be used for the death penalty, states are using untested drug combinations that .




Just after midnight tonight, convicted murderer Herbert Smulls was executed by the Missouri Department of Corrections. On February 5, Christopher Sepulvado, convicted of killing his stepson in 1992, will meet the same fate in Louisiana.

It’s likely that both men will die not knowing what exactly is being shoved into their veins.

Information about the drugs that will be used to kill these men—including where they came from, or if they’ve been tested for purity—has been kept a closely guarded secret by state correctional departments in both Louisiana and Missouri.

States became much more secretive about where they procure execution drugs from after sources of name-brand, FDA-approved drugs made their products unavailable for executions in the United States in 2010 and 2011.

Lawyers that represent both condemned prisoners have been trying to get their states to reveal information about the drugs, but have so far been unsuccessful.

Both Missouri's and Louisiana’s state correctional departments argue that the identities of these pharmacies are protected under a state law that allows the identity of those involved with executions to be kept confidential.

Lawyers that represent both condemned prisoners argue that states must answer questions about whether or not the execution will be humane and comport with the Constitution. Without information about the drugs, those questions have gone unanswered.

According to Megan McCracken, Eighth Amendment Resource Counsel at U.C. Berkeley School of Law's Death Penalty Clinic, “If lawyers for the condemned prisoners can't get the information [about the drugs], then they cannot meet their legal burden in court to show that there's a substantial risk of harm.”

By keeping this information a closely guarded secret, states are asking condemned inmates to take their word for it that the source is legitimate and the drugs won’t result in cruel and unusual punishment when administered.

However, new information reveals that Louisiana may be breaking the law to execute Christopher Sepulvado on February 5.

In a court document filed on Friday, Louisiana officials admitted that the Department of Corrections has not yet obtained the pentobarbital for Sepulvado’s execution. Instead, officials admitted they are “in the process of procuring 15 grams of pentobarbital,” and would disclose more information when they have the drug in their possession. The court document can be viewed in full below:



The Supreme Court has issued an execution date for Herbert Smulls, 56, who was sentenced to death for the 1991 shooting of Stephen and Florence Honickman at a St. Louis County jewelry store they owned and operated. The Supreme Court has issued an execution warrant, allowing the state to execute Smulls by lethal injection Jan. 29, 2014.

Typically, customers would make an appointment with the Honickmans to examine jewelry for sale. In July, 1991, a person identifying himself as Jeffrey Taylor called the Honickmans and made an appointment to buy a diamond. “Jeffrey Taylor” was later identified as Herbert Smulls.

July 22, 1991, Smulls and Norman Brown went to the Honickmans’ store. After viewing several diamonds, Smulls and Brown left the store without making a purchase.

On the afternoon of July 27, 1991, Smulls and Brown followed another customer into the store. Florence Honickman was unable to show any jewelry at that time but suggested she might be able to help them later.

Smulls and Brown returned to the store that evening. After viewing some diamonds, Smulls and Brown went into a hallway, purportedly to discuss the diamond prices. A short time later, Florence looked up and saw Smulls aiming a pistol at her. She then ran and hid behind a door. Smulls fired three shots at her, striking her arm and side. Smulls then fired several shots at Stephen Honickman, who was struck three times. Smulls and Brown stole jewelry worn by Florence as she lie on the floor with serious injuries, and then took other items in the store.

After the two men fled, Florence called police. Stephen died from his wounds; Florence suffered permanent injuries from the attack.

Brown remains in prison on two life sentences without the possibility of parole, plus 90 years. Brown is 37 years old.