Guest BDC Report post Posted June 15, 2004 http://www.cnn.com/2004/LAW/06/15/maryland...n.ap/index.html GREENBELT, Maryland (AP) -- A federal judge Tuesday granted an indefinite stay of execution for a convicted triple murderer whose lawyers question the planned method of lethal injection. In his 22-page opinion, U.S. District Court Judge Peter J. Messitte cited the state's failure to provide Steven Oken's attorneys with details on execution procedures until Friday. They had requested them a month ago. "Fundamental fairness, if not due process, requires that the execution protocol that will regulate an inmate's death be forwarded to him in prompt and timely fashion," Messitte wrote. Oken, 42, was scheduled to be executed this week for the 1987 rape and murder of Dawn Marie Garvin, a 20-year-old newlywed. He also was convicted of killing Patricia Hirt, his wife's sister, and Lori Ward, a motel clerk in Maine, during a 15-day spree. "It's a total miscarriage of justice," Garvin's mother, Betty Romano, said. "What more does anybody need? He's pleaded guilty. He's admitted to the killings. He's used 17 years of the taxpayers' money." Defense lawyers have questioned whether a barbiturate that was to be the first of three drugs administered to Oken would keep him from feeling pain. At a hearing Monday in federal court, attorney Jerome Nickerson told Messitte that Oken's lawyers need more time to review the execution protocols, or details, that the state provided to the defense only three days earlier. He said the document was "very, very disturbing indeed" and there is "a substantial likelihood of the infliction of cruel and unusual punishment" in violation of the U.S. Constitution. David Kennedy, an assistant state attorney general, said at the hearing that the defense was trying to create "a false emergency" and had known the basics of the method of execution for years. Messitte said in his opinion that he appreciated the desire of Garvin's family "after so many years, to see closure in this case." But he said it was the court's duty to see that constitutional guarantees are respected. Oken's mother has continued to defend him, saying he should be spared the death penalty. Oken, who is said to be one of only a few Jewish inmates on death row in the country, told the Baltimore Jewish Times he was grappling with severe drug and alcohol problems at the time. Oken's defense team lost two motions in the state Court of Appeals on Monday, including a request for a stay of execution and for permission to appeal a Baltimore Circuit Court decision refusing to reopen Oken's appeal. His lawyers also have a motion for a stay of execution pending in the U.S. Supreme Court. Okay, maybe I read this wrong, but they're saying that lethal injection is cruel and unusual? Is there any cleaner execution method in the world at any point in history? Anyway, swear, cuss and discuss. Share this post Link to post Share on other sites
Guest Salacious Crumb Report post Posted June 15, 2004 I think this has a more broad meaning that execution is cruel and unusual or some such bullshit like that. But as far as lethal injection, you'd be hard pressed to find a more painless way to go. It's like going to sleep. Share this post Link to post Share on other sites
kkktookmybabyaway 0 Report post Posted June 15, 2004 Is this the guy who did drugs for so long his veins have shrunk, making it nearly impossible to lethally inject him? Anyway, why go through all this red tape when you can give Bubba a carton of smokes and he'll slice him in the shower... Share this post Link to post Share on other sites
Guest BDC Report post Posted June 15, 2004 B/c the court system can't hold Bubba back, I'm guessing. It seems to me that this is a last second scramble to get the stay and it's GOT to be the most utterly inane reason I've ever heard about. Share this post Link to post Share on other sites
Hogan Made Wrestling 0 Report post Posted June 15, 2004 Okay, maybe I read this wrong, but they're saying that lethal injection is cruel and unusual? Is there any cleaner execution method in the world at any point in history? Anyway, swear, cuss and discuss. Maybe the state isn't telling them what drugs will be used, what order they will be administered, etc.? That's about the only thing that comes to mind when reading the article. Share this post Link to post Share on other sites
Guest BDC Report post Posted June 15, 2004 David Kennedy, an assistant state attorney general, said at the hearing that the defense was trying to create "a false emergency" and had known the basics of the method of execution for years. Sorry, HMW, but doubtful. The drugs used are the same all across state lines: the procedure is the same. Share this post Link to post Share on other sites
Hogan Made Wrestling 0 Report post Posted June 15, 2004 David Kennedy, an assistant state attorney general, said at the hearing that the defense was trying to create "a false emergency" and had known the basics of the method of execution for years. Sorry, HMW, but doubtful. The drugs used are the same all across state lines: the procedure is the same. I was mainly looking at this line: Defense lawyers have questioned whether a barbiturate that was to be the first of three drugs administered to Oken would keep him from feeling pain. Share this post Link to post Share on other sites
Guest FrigidSoul Report post Posted June 15, 2004 I'd guess waiting till he fell asleep naturally and then surprising him with a bullet to the temple would be pain free. Share this post Link to post Share on other sites
Highland 0 Report post Posted June 15, 2004 Problem solved. Share this post Link to post Share on other sites
Guest cobainwasmurdered Report post Posted June 15, 2004 put a bullet in his head. It's much cheaper. Share this post Link to post Share on other sites
Guest FrigidSoul Report post Posted June 15, 2004 Oh, and I have no clue what the abbreviation for Maryland is, but the abbreviation for Mass is MA. I read nothing about Mass being involved in this so if somebody knows the abbreviation and is anal retentive enough to change it they should do so. Share this post Link to post Share on other sites
Kahran Ramsus 0 Report post Posted June 15, 2004 Maryland is MD I think. Share this post Link to post Share on other sites
Guest MikeSC Report post Posted June 15, 2004 Hmm, if this judge said this about, say, affirmative action or abortion, he'd be ALL OVER THE NEWS and you couldn't find enough cameras to cover the public condemnations. But, this probably will fly under the radar. Oh, HMW, defense lawyers' job is to raise any complaint they can, no matter how asinine. This judge needs a brutal slapping for falling such an idiotic premise. -=Mike Share this post Link to post Share on other sites
Hogan Made Wrestling 0 Report post Posted June 16, 2004 Oh, HMW, defense lawyers' job is to raise any complaint they can, no matter how asinine. This judge needs a brutal slapping for falling such an idiotic premise. -=Mike True enough. Just speculating here: maybe judges are receptive to this sort of thing because they are scared that if something does go wrong and they didn't grant the stay they will get sued? Share this post Link to post Share on other sites
Guest MikeSC Report post Posted June 16, 2004 Oh, HMW, defense lawyers' job is to raise any complaint they can, no matter how asinine. This judge needs a brutal slapping for falling such an idiotic premise. -=Mike True enough. Just speculating here: maybe judges are receptive to this sort of thing because they are scared that if something does go wrong and they didn't grant the stay they will get sued? I don't think so. There would be no liability for a court not overturning another court's decision that I know of. Besides, NO lawyer would EVER want to take a case AGAINST an appelate court they might have to argue in front of. Judges can be petty. Some would side with this out of legitimate concerns. For others, they simply oppose it and will do whatever they can to kill it off. I know the 9th Circuit in SF has had a LONG history of this. -=Mike Share this post Link to post Share on other sites
Guest Agent of Oblivion Report post Posted June 16, 2004 I wish like hell I could remember the page I want to quote, but lethal injection is NOT a fun way to get killed, especially if a person was an IV drug user prior to their execution. The people administering the shots are NOT doctors, and starting a line like that can take a LOT of stabs. I don't think they have a case on the punishment being cruel or unusual, but it's definitely not what I'd pick. I think inmates should be allowed to choose their method of execution from a list. They're going to die anyway, right? What's the difference? Share this post Link to post Share on other sites
Guest Salacious Crumb Report post Posted June 16, 2004 Some states do allow the inmate to choose his method of execution. Share this post Link to post Share on other sites
Guest MikeSC Report post Posted June 16, 2004 I wish like hell I could remember the page I want to quote, but lethal injection is NOT a fun way to get killed, especially if a person was an IV drug user prior to their execution. The people administering the shots are NOT doctors, and starting a line like that can take a LOT of stabs. I don't think they have a case on the punishment being cruel or unusual, but it's definitely not what I'd pick. I think inmates should be allowed to choose their method of execution from a list. They're going to die anyway, right? What's the difference? Thing is, Agent, when you consider what these sub-humans DID to get into that position --- any discomfort they receive from a needle is of amazingly little concern to me. -=Mike Share this post Link to post Share on other sites
Guest Agent of Oblivion Report post Posted June 16, 2004 Oh, I don't give a shit either, I was just replying to this statement, which is false: But as far as lethal injection, you'd be hard pressed to find a more painless way to go. It's like going to sleep. Share this post Link to post Share on other sites
Guest MikeSC Report post Posted June 16, 2004 Oh, I don't give a shit either, I was just replying to this statement, which is false: But as far as lethal injection, you'd be hard pressed to find a more painless way to go. It's like going to sleep. He's still correct. For any discomfort --- it's still less painful than any other option. -=Mike Share this post Link to post Share on other sites
Guest Agent of Oblivion Report post Posted June 16, 2004 Well, there's no way one could really judge this, but I'd say getting fatally shot would hurt less, since that's instantaneous. Same with hanging. Just a quick snap, there. The chair and the gas chamber would both be pretty atrocious, though. Share this post Link to post Share on other sites
Guest MikeSC Report post Posted June 16, 2004 Well, there's no way one could really judge this, but I'd say getting fatally shot would hurt less, since that's instantaneous. Same with hanging. Just a quick snap, there. The chair and the gas chamber would both be pretty atrocious, though. Then again, I say we should make them suffer. Cruel and unusual punishment, if one wishes to reach technicalities, is only illegal WITHOUT due process. -=Mike Share this post Link to post Share on other sites
Guest Agent of Oblivion Report post Posted June 16, 2004 Nah, dead's dead. Tearing people to pieces and pressing them between stones and shit is outdated. Share this post Link to post Share on other sites
Guest MikeSC Report post Posted June 16, 2004 Nah, dead's dead. Tearing people to pieces and pressing them between stones and shit is outdated. But it'd be fun. I'd love to see a rapist get raped to death. -=Mike Share this post Link to post Share on other sites
Guest Agent of Oblivion Report post Posted June 16, 2004 How arabian. Share this post Link to post Share on other sites
Guest MikeSC Report post Posted June 16, 2004 How arabian. Please. Hammurabi was a total pussy. -=Mike Share this post Link to post Share on other sites
Firestarter 0 Report post Posted June 17, 2004 The U.S. Supreme Court on Wednesday cleared the way for the execution of a murderer who contends Maryland's execution method is illegal. The high court threw out a stay of execution given to convicted killer Steven Oken and denied Oken's request for another stay based on Maryland's method of performing lethal injections. - CNN story And now I believe we've wasted enough time on this filthy animal. Click here to read about Dawn Garvin's life and death, if you'd like to get a better understanding of just how obscene it is that we're being asked to worry about her murderer feeling pain. Share this post Link to post Share on other sites
Guest Wildbomb 4:20 Report post Posted June 17, 2004 First off, I was thinking this was in Massachusetts, then I remembered we don't have the death penalty, then it got me thinking about how we honor the federal death penalty, and it just gave me a fucking headache. Continuing on... I find it weird that someone can plead guilty and still receive the death penalty. Wouldn't it just make more sense to go to trial anyways? It also gives you better grounds for appeals. If people were worried about pain, why not just give them a big old dose of surgical anesthetic, or just fuck it and put some novacain in, and then choose method of death? Cause otherwise, lethal injection really doesn't come across as "painless". Nay to the death penalty on most issues, but damn, this guy looks like he earned his. Share this post Link to post Share on other sites
Guest MikeSC Report post Posted June 17, 2004 The U.S. Supreme Court on Wednesday cleared the way for the execution of a murderer who contends Maryland's execution method is illegal. The high court threw out a stay of execution given to convicted killer Steven Oken and denied Oken's request for another stay based on Maryland's method of performing lethal injections. - CNN story And now I believe we've wasted enough time on this filthy animal. Click here to read about Dawn Garvin's life and death, if you'd like to get a better understanding of just how obscene it is that we're being asked to worry about her murderer feeling pain. That he received a stay at all should be a major concern for people. The court that issued it seems to lack any semblance of common sense. -=Mike Share this post Link to post Share on other sites
Guest Anglesault Report post Posted June 17, 2004 Nah, dead's dead. Tearing people to pieces and pressing them between stones and shit is outdated. But if you rented out a Stadium and sold tickets to that, you could make an assload. Share this post Link to post Share on other sites
