Court: Inmate who survived '09 execution can be put to death

[Judi Lynn]

Source: Associated Press

Court: Inmate who survived '09 execution can be put to death

Andrew Welsh-huggins, Ap Legal Affairs Writer

COLUMBUS, Ohio (AP) — The state can try again to put to death a condemned killer whose 2009 execution was called off after two hours during which he cried in pain while receiving 18 needle sticks, the Ohio Supreme Court said Wednesday.

The court's 4-3 ruling rejected arguments that giving the state prisons agency a second chance to execute Romell Broom would amount to cruel and unusual punishment and double jeopardy.

Prosecutors had argued double jeopardy doesn't apply because lethal drugs never entered Broom's veins while executioners unsuccessfully tried to hook up an IV. They also said a previously unsuccessful execution attempt doesn't affect the constitutionality of his death sentence.

. . .

"Because Broom's life was never at risk since the drugs were not introduced, and because the state is committed to carrying out executions in a constitutional manner, we do not believe that it would shock the public's conscience to allow the state to carry out Broom's execution," Lanzinger wrote.



Read more: http://www.chron.com/news/us/article/Court-Inmate-who-survived-09-execution-can-be-6893098.php

---

[center]



Justice Judith Ann Lanzinger, Republican [/center]

[Kelvin Mace]

1. Well, HRC will be relieved

The death penalty is upheld.

[saturnsring]

3. jezuz some people

[Kelvin Mace]

4. Yes, supporting the death penalty is a horrible thing.

[saturnsring]

8. i didnt see anyone bringing up bernie and his contribution to gun deaths by siding with the nra

[Kelvin Mace]

12. Yep, his D- from the NRA is shameful

[polly7]

2. God, talk about painful and brutal .... I don't care who it is.

Life without parole is the humane and decent punishment for any serious offense. State-sponsored revenge murder is absolutely horrible - making someone go through it twice is disgusting.

[Timmy5835]

5. Isn't their something in the constitution about cruel and unusual punishment???

Just asking

[awoke_in_2003]

22. The Patriot Act

invalidates most of the Constitution. Look who voted for it, and who voted to renew it.

[Bigmack]

6. OMG! What a barbarism..... nt

[Botany]

7. Read Rommel Broom's history

He is not a nice person. Although I am against the D.P. i have not one ounce
of sympathy for him.

[Coventina]

9. No, but this ultimately isn't about him. It's about who WE are. n/t

[msanthrope]

16. It's not about him... it's about us. nt

[awoke_in_2003]

23. Yes

Maybe some people are animals, but we shouldn't descend to their level

[restorefreedom]

10. this makes me ashamed of my country. nt

[blackspade]

11. Lanzinger is a sociopath.

It is cruel and unusual that some idiot can't administer a needle stick and that he has to go through the pain and mental torture that a second attempt will bring.

The death penalty is a barbaric relic of might makes right 'justice.'

[petronius]

13. If the state only gets one attempt at an execution, shouldn't that also imply

that prisoners who escape prison can't be sent back? After all, the state made one attempt to punish (imprison) them, and it didn't work.*

That said, I'm against capital punishment in all circumstances - I'd rather the state got zero attempts.



* Try and conceal your surprise when I admit that I am not a legal scholar...

[Chan790]

15. Shockingly, neither am I.

I'm not a lawyer, I have 2 undergraduate semesters of constitutional law...I was tagged today on another website as an expert on SCOTUS and the Federal Bench. All I do is pay attention to what's actually going on and have some knowledge of who's who. (It was because I was one of the first people to be able to answer questions knowledgeably about Garland after the announcement.)

It's past time to end capital punishment. It's time to hold Democratic office-holders with the authority to curb or end capital punishment at the state and federal level to the fire on this issue.

[Recursion]

17. There's never been a commonlaw doctrine that the state gets "one try".

There have been several examples of mobs "enforcing" this perceived "rule", but it doesn't have legal validity.

I think the public response to this, and the fact that the "one try rule" makes sense at a very visceral level, is an example of how deep down we know capital punishment is wrong.

[Massacure]

20. This has actually been before the Supreme Court before

Louisiana sent Willie Francis to the electric chair in 1946, but Francis survived. He tried arguing in Francis v. Resweber that he had already been executed even though he did not die, but the Supreme Court rejected that argument. Francis was sent back to the electric chair in 1947 where his life permanently ended.

[Massacure]

19. Double Jeopardy for botched executions has already been answered by the Supreme Court

Willi Francis was sent to the electric chair in 1946 and survived. The Supreme Court rejected his argument in Francis vs Resweber that although he did not die, he had been executed. He was sent back to the chair in 1947 and didn't survive that time.

[Bernardo de La Paz]

14. Cruel and Unusual. Period. Full Stop.

[Solly Mack]

18. I can only shake my head.

[jtuck004]

21. Because shooting them with anti-aircraft guns is too brutal and ugly. n/t