Tuesday, January 20, 2004

OHIO: Judges join dissent on execution delay

Lewis Williams - his attorneys argued that he was mentally retarded, was executed by lethal injection on Jan. 14 2004 in Lucasville, Ohio at age 45.

In Columbus, 5 federal appeals court judges say a convicted killer's request to delay his execution was illegally denied because 2 senior judges participated in the vote.


4 judges on the 6th U.S. Circuit Court of Appeals on Thursday added their names to a 5th judge's dissenting opinion in the case of condemned inmate, [prisoner], Lewis Williams, executed Wednesday in Lucasville. Federal law allows senior judges to participate in a vote by the full court only if the judges participated in the initial panel ruling on the same case, said the 5 judges.

Judge Eric Clay was the first to call the vote illegal, in an opinion Tuesday as the court ruled against blocking Williams' execution.

Williams, 45, struggled with guards and pleaded for help until the end Wednesday at the Southern Ohio Correctional Facility in Lucasville. He was sentenced to death for shooting a Cleveland woman in a 1983 robbery.

The 4 judges who added their names Thursday: Boyce Martin of Louisville; Martha Craig Daughtrey of Nashville, Tenn.; Karen Nelson Moore of Cleveland; and Guy Cole of Columbus. (source: Cincinnati Enquirer)

Expanded viewing of executions increases accountability

The disturbing mental images created by witness descriptions of Wednesday's execution of Lewis Williams clearly requires Ohio prison officials to revisit a recent decision.

Under pressure from the ACLU to allow witnesses to view the entire proceedings leading up to executions, the state changed its policies for Williams' execution, the 9th since Ohio resumed death sentences.

Those opposed to the death penalty wanted greater access to view the condemned as they are brought to the execution chamber, prepared for their lethal injection and strapped into the bed. In the past, curtains were drawn until the inmate, [prisoner], was restrained and prepared to offer a final statement.

Williams, who 'professed his innocence' until his final moments, was the first Ohio inmate, [prisoner], to struggle with the state's execution team, even gripping a door frame in an effort to delay his death. The scene disturbed everyone from public defenders to the prison's director, making one wonder if the ACLU got more than it bargained for.

State officials immediately began a probe to determine if Williams struggled more because of the increased public viewing or if he would have behaved in the same manner no matter what. Unfortunately, we'll never really know. [?]

[Or who 'professed his innocence' until his final moments?]

Either way, we see nothing wrong with the increased accountability the new policy provides. Ohio prison officials should welcome a chance to show how professionally they handle this difficult process.

By This Is Incredible posted 20 January 04

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