Death Penalty in Ohio

As the whole death penalty thing continues with its perhaps last dying breathes across the country, Ohio remains at at least one fulcrum.

It is one of the 34 states that still has the death penalty on its books and pending executions.

This past week the Ohio Dept. of Corrections submitted a revised lethal-injection procedure to the Southern Ohio District Court in response to Judge Gregory Frost’s criticism last July 8^th. that” the state’s adherence to its own procedures and protocol as ‘haphazard’ and unacceptable, indefinitely stopping Kenneth Wayne Smith’s scheduled July 19^th. execution, and leading Gov. Kasich to postpone the scheduled Aug. 16 execution of Brett Hartmann until next year. A Columbus Dispatch article said “the 17-page protocol makes no dramatic changes, but ‘bolsters documentation and clarifies instructions,’ requiring an independent review of each lethal-injection procedure with the intent to assess and ensure adherence to the policy and provide recommendations for improvement."

“The new policy is the result of a comprehensive quality-control review of all aspects of the management of the offender prior to and through the lethal injection procedure,” Carlo LoParo, spokesman for the Ohio Department of Rehabilitation and Correction said. “It mandates explicit compliance with all aspects of the written policy directive.”

Most eminently affected by Judge Frost’s decision are Billy Slagle and Joseph Murphy. The Court has ordered Slagle to refile motions for a temporary restraining order and preliminary injunction with a hearing on those on September 13. Murphy, who wasn’t part of the case until July 21^st, needs to re-file those initial papers which will be addressed at a Sept. 7^th. hearing. (Court’s order on Aug. 23)

While that aspect plays out, the Dayton Daily News, this past weekend, carried a story about State Rep. Terry Blair’s having introduced legislation back in March to abolish the death penalty in Ohio and replace it with life imprisonment without parole for the worst crimes. ( HB 160 analysis)