RICHMOND
Virginia's moratorium on the death penalty was ended Wednesday by Gov. Timothy M. Kaine shortly after the U.S. Supreme Court upheld the constitutionally of lethal injections.
"In light of the Supreme Court ruling, executions will move forward according to the procedures that were in place prior to the court's decision," Gordon Hickey, Kaine's press secretary, said in a written statement. "The governor will continue to review any clemency requests on a case-by-case basis."
Kaine halted all executions on April 1 pending the high court's decision. The governor's action gave a temporary reprieve to Edward Nathaniel Bell, who had been scheduled to die April 8 for the 1999 murder of a Winchester policeman. Kaine, at the time, rescheduled Bell's execution for July 24.
The Supreme Court ruling is expected to end an unofficial national moratorium on the death penalty that has been in place since Sept. 25, when justices accepted appeals from two condemned Kentucky prisoners that lethal injections can cause extreme pain that constitutes cruel and unusual punishment. During the interim, no death sentences have been carried out in the United States, and at least 31 executions in 14 states have been postponed by governors or courts.
Lethal injection is the main method of execution in 35 of the 36 states that allow capital punishment. Nebraska uses electrocution.
By a 7-2 vote in the case, Baze v. Rees, the high court upheld Kentucky's execution procedures and ruled that the prisoners failed to prove that the risk of pain from lethal injections violate the Eighth Amendment.
Kentucky, Virginia and most other states allowing lethal injections use three drugs to induce death: sodium thiopental to render unconsciousness; pancuronium bromide to paralyze the muscles; and potassium chloride to cause heart failure.
Lawyers for the Kentucky prisoners argued that if the first drug doesn't work, the second one renders the prisoner unable to cry out or signal while the third drug is causing "an excruciating, burning pain."
The court, however, ruled that the risk of pain from improperly carried out lethal injections does not constitute cruel and unusual punishment.
"An execution method violates the Eight Amendment only if it is deliberately designed to inflict pain," Chief Justice John G. Roberts Jr. wrote in the decision.
"Some risk of pain is inherent in any method of execution - no matter how humane - if only from the prospect of error in following the required procedure," Roberts wrote. "It is clear, then, that the Constitution does not demand avoidance of all risk of pain in carrying out executions."
The Kentucky prisoners did not challenge their death sentences; they contended they could be executed in a way that offered less risk of a pain-causing mistake. Their lawyers argued that they be put to death more safely by a single, large shot of barbiturates.
Roberts, however, wrote that the high court "has never invalidated a state's chosen procedure for carrying out a sentence of death," as cruel and unusual.
Dissenting from the decision were Justices Ruth Bader Ginsburg and David H. Souter. Ginsburg wrote that she "would not dispose of the case so swiftly given the character of risk at stake." She favored sending the case back to Kentucky courts with instructions to examine the safety of its execution protocol.
Justice John Paul Stevens wrote an opinion agreeing with the majority decision but questioning whether capital punishment remains necessary when many states, including Virginia, can sentence murderers to life sentences in prison without parole.
The decision will not halt legal challenges to the safety of lethal injections in Virginia, said Jon Sheldon, a Fairfax County attorney who is president of Virginians for Alternatives to the Death Penalty. "Oddly enough, it may open the issue up," he said.
Sheldon said Virginia has a protocol that varies from Kentucky's and is open for legal interpretation. He said Kentucky uses 3 grams of anesthetic to render a prisoner unconscious whereas Virginia uses 2 grams. He said Kentucky, unlike Virginia, has a trained medical person by the inmate's side. And Kentucky halts the execution for a minute to ascertain that the anesthesia has taken effect while Virginia automatically administers the next drug.
Kaine would not comment on the high court's decision. A devout Roman Catholic, Kaine opposes the death penalty but promised to enforce the sanction when he ran for governor in 2005. During his time in that office, four executions have been carried out.
Although he has issued two stays in addition to Bell, Kaine has not commuted a death sentence.
Virginia has executed 98 people since 1976, second to Texas. Kevin Green, who killed a Mecklenburg County convenience store clerk in 1998, is scheduled to be executed on May 27.
Warren Fiske, (804) 697-1565, warren.fiske@pilotonline.com
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So intent on killing
Amazing! So many have no qualms about putting another to death, even if a possibility exist that an innocent person could be led to the gallows. Amazing, how so many pro death penalty folks, quote only Scripture that supports their opinion & ignore all that doesn't.
Since some of you are so eager to kill, why not join the military in a nation led by a war-mongering despot? You'd be able to kill to your heart's desire. As I wrote earlier, there are & have always been, innocent people on Death Row. To all who claim to be people of Faith, remember, there is no degree to sin. In the eyes of a Supreme Being, a "little white lie", is just as big a deal as murder.
Where is the problem?
"Kaine halted all executions on April 1 pending the high court's decision. The governor's action gave a temporary reprieve to Edward Nathaniel Bell, who had been scheduled to die April 8 for the 1999 murder of a Winchester policeman. Kaine, at the time, rescheduled Bell's execution for July 24."
I notice several posters compalin bitterly that the govenor spared the life of a cop killer. This is simply not true. The quote listed above spells out the intention of the state and govenor. The article also states that Kaine has never commuted a death sentence.
The complaints seem to be partisan and not factual.
People Who Have Received The Death Penalty
Who have received the death penalty..have committed murder again before the sentence was carried out.. Ted Bundy escaped & re-murdered in another state(FL)..Pee Wee Gaskins (SC) killed another inmate from inside his cell, in another cell, & if I remember correctly on another floor as well.. I think the penalty takes too long to be carried out.. Makes me think of Saddam, who did his "rope dance" fairly quickly after his sentence, and was buried 24 hours later. He didn't get to kill anyone else after his sentence. I kinda admire Iraq for that policy...
Idea!
You know how you can check a block on your federal tax return that designates money to political campaigns? How about a block on your state return (on the far left side of course) where YOU can have some of your RETURN go into a fund to keep death row inmates incarcerated instead of executed. When the fund goes dry, your time has come. If you want to keep em alive YOU PAY FOR IT.Stop asking me to.
In his comedy show
Ron White talks about Texas putting in an express lane. I think that is actually a great idea. In addition, I think the "condemed" should be killed the way that they killed. Shot someone, shoot the shooter. Stabed them, they get stuck. And going back quite a few years, nail your victim to a chair and set fire to the house, guess what.......
THE DEATH PENALTY IS CALLED FOR IN THE BIBLE
Esbar wrote: "...the death penalty is so blatantly against everything The Bible teaches."
I would like to direct Mr/Ms Esbar's attention to the following passages from the Bible.
Genesis 9:6 - "Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of God made He man."
Exodus 21:12 - "He that smiteth a man, so that he die, shall be surely put to death."
Now, there are those that will argue that, since that is Old Testament, it has no relevance. Well, if that's the case, then why does the Christian Bible contain the Old Testament? Isn't the Bible the unerring word of God? Or are Christians allowed to pick and choose what sections of the Bible they wish to follow? Besides, didn't Jesus say, in Matthew 5:17, that he didn't come to destroy the old laws, i.e., the Old Testament?
Sometimes
the death penalty is the only possible course of action. Canada does not have d.p. There was a serial killer who escaped. The very first thing he did was go on another killing spree and killed 4-5 more people. When they caught him, they put him back in the same cell where he sits and plots how to escape and kill again.
There are even some serial killers that say, if they get out of prison, they will kill again and again because they like it too much. How will life in prison be beneficial to anyone in those types of extreme cases.
So sometimes it is necessary to take a stand that maybe you don't like, but it is the only way to protect others.
yes-me-again
Thank you Orion...I said pretty much the same thing about esbar's comment but TVP would not post mine. I agree with you 100%. They are animals and should be put down and, not 10 years later. From the court room to the death chamber!
It is a deterrent
I can put to rest all arguments about the death penalty being a deterrent. Not one prisoner that was tried, convicted, sentenced to death and executed has reoffended. It deterred these offenders and we will no longer have to worry about them. It absolutely is a deterrent. If anyone can disprove my statement, I will gladly retract my statement. They show no mercy when they kill their victims, but all of these advocates are quick to jump to their defense. I think capital punishment should be carried out in the same manner as the criminals used on their victim.
Yeah, some of you really need to learn to read...
Kaine did not give clemency, he did not commute the sentence...he delayed it until the Supreme Court ruled on it! Geeesssh! That said, "Hanging by the Gonads until Dead!". Now that's Cruel and Unusual Punishment!
If "life in prison" actually
If "life in prison" actually meant life in prison, we wouldn't need the death penalty. Abolish parole, then we can abolish the death penalty. I think the death penalty is a deterrant for crime. When is the last time someone who got the death penalty committed a crime again?
Death Penalty..no mercy for murderers
KY..The needle probably wouldn't have hurt so much if the darn murderer would have stopped squirming. I agree with previous post Hang Em High..
The governor said he would
The governor said he would abide by the laws and will of the people. It shows integrity that he removed the temporary halt just as he said he would after the Supreme Court hearing.
I have commented before that Mr. Timbrook is rightfully sensitive but that his comments were premature and harsh. Now he can see that we all want justice for his son and the Governor is on our side.
Never once did the governor say anything during all of this to indicate he was using this oppportunity to advance his personal feelings on the death penalty. He only followed the prudent path of waiting out an important ruling like most other states. In fact now no one can challenge the death penalty on that same ground again, thus making it even more secure.
I commend the governors resolve to do his job. This has not been easy on anyone including him.
Death Penalty
The bleeding hearts never remember the pain and horror felt by the victims. I hope all death penalty recipents feel great amounts of pain and remember what happened when he slaughtered human beings. "HANG "EM HIGH."
poor inmates....
"... when justices accepted appeals from two condemned Kentucky prisoners that lethal injections can cause extreme pain that constitutes cruel and unusual punishment."
Those poor inmates in Kentucky! And why exactly is it they are condemned to die? Oh yea, they inflicted extreme pain (both physically and emotionally) on their victims (and their families), which was cruel and unusual.
It's time the death row inmates stop getting paid attention to. Why do criminals have all these rights?!?!
Death Penalty at last...
Govenor Kaine did the only morally just thing with the Supreme Court making a decision on lethal injections - he waited. So hoo rah for the Govenor and his good decision....
Now the killings can begin and rid our society of some the awfullest evil on the planet.
I am still for pay per view for each and every case....last party...last words...last look...the funds would go to the states to pay for the cost of the execution...probably have to share some with the "star" of the shows family
In the words of Gary
In the words of Gary Gilmore,
" Let's do it."
Wonder
I just wonder how Police and Sheriff Department's supported AND voted for the lame Govenor. Hope the Gov. sleeps well at night knowing he spared the life of a cop killer.
deterence???
I have no illusions of the death penalty being a "deterent". I could care less whether or not it's a "deterent"........IT IS THE PENALTY!!!!!!!!!and I'm OK with that...
rack'em up
Yes sir
Here we go
esbar wrote:
They are human beings, just like you and me...
No they aren't, they are animals. When an animal goes mad, you put it down, plain and simple.
...The Bible teaches. What happened to loving your enemy? What happened to not casting the stones?
What ever happened to "an eye for an eye?"
Capital Punishment
Hardly a week passes in that we hear of some unlucky fellow(S), finally being freed, sometimes after many years, & too often from Death Row, through DNA testing. Therefore, innocent people are on Death Row! Innocent people have been, & will continue to be, executed! How can anyone believing themselves to be human, not have some difficulty with the Death Penalty. Even if only 1% of Death Row inmates are actually innocent, that's one percent too many. Why have a problem feeding & clothing a prisoner, & not have a problem with the super rich paying less income tax than the average Joe?
Human Being ?
I'm sorry, these so called human beings on death row are not human. They killed another person.
The people of VA should not have to take care of these animals for the rest of their lives.
They didn't show any mercy to their victims.
Hook'm up and let it flow. End prison over crowding!
esbar you forgot to mention
Maybe you should go read Genesis chapter 9. Specifically verse 6, but make sure to read the whole chapter just to get the full effect. You're right though, we should love our enemies. But the death penalty is definitely not anti-Christian.
?
Do you people realize that you are talking about real people's lives? They are human beings, just like you and me. And how many of you who ardently support the death penalty so much proclaim yourselves as Christians? My guess is that it's a lot of you, which is quite ironic, as the death penalty is so blatantly against everything The Bible teaches. What happened to loving your enemy? What happened to not casting the stones? Or are we all a bunch of hypocrites?
Did anyone actually read the article?
It kills me that we're so busy screaming "Oh, he's blowing off the death penalty" that we're not noticing he's not actually stopping it. And he didn't commute old boy's sentence to jail time. It was to maintain sync with the Supreme Court in case they *DID* find it to be unlawful. Which puts the Commonwealth in a safe position so after this clown was executed, his family/estate can't sue the state for violating a Supreme Court ruling and "violating" the inmates right through cruel and unusual punishment. The guy's going to be put to death anyway. Granted, there's no peace for the officer's family, but Kaine's not giving this guy a break by relocating him in the death schedule. He's still gonna die.
I commend Governor Kaine for
I commend Governor Kaine for acting so quickly and ending the moratorium on executions in Virginia. While the death penalty may not deter people for commiting murder as Kate said, it does, however, ensure that they will never commit murder again. It would also seem that life in prison without parole does nothing to deter murders either. So why not rid society of these scum and give the victim's families some closure. Now that lethan injection has been rule constituitional let's expand its use to include child molesters, sexual predators and drug dealers. All of which we can certainly do without.
party is over
Let's focus on the horrible crimes that caused these monsters to be out on death row. Good riddance!
dfwdabull and the rest of you death penalty proponents...
Study after study shows the death penalty is not a deterrent to crime/murder. And "dabull", I think Gov. Kaine showed intellectual maturity by halting executions, not spinelessness. It's high time America distanced itself from the Rambo machismo stereotype of law and order and assumed the position of authority it seems to demand from the rest of the World...this would require a more equitable judicial system as well as rescinding the archaic and barbaric death sentence. And as I have stated before, my 44 yr. old brother was brutally murdered in September of 2007.
Calender Marked
Guess he gets a few more meals on us. Wonder what the last one will be. Some weird reason that I can't really explain, I am always interested in what people will have for their last meal. I bet he will ask for a seal steak, fresh from the Antarctic, delivered by rowboat, with one person manning the oars, & will not make the request until July 23.....close to midnight. No more delays please.