Posted on 01/25/2014 6:51:51 AM PST by KeyLargo
Family alleges Ohio execution unconstitutional January 25, 2014
AP
COLUMBUS, Ohio The prolonged execution of an Ohio inmate during which he repeatedly gasped and snorted amounted to cruel and unusual punishment which should not be allowed to happen again, the inmate's family said in a federal lawsuit.
The lawsuit, filed late Friday, also alleges the drug maker that produced the medications illegally allowed them to be used for an execution and should be prohibited from making them available for capital punishment.
McGuire "repeated cycles of snorting, gurgling and arching his back, appearing to writhe in pain," the lawsuit said. "It looked and sounded as though he was suffocating."
McGuire's execution lasted 26 minutes, the longest since the state resumed putting inmates to death in 1999, according to an Associated Press analysis of all 53 execution logs maintained by the Department of Rehabilitation and Correction.
It remains unclear what McGuire experienced. The AP observed him appearing to fall unconscious and remaining so while he snorted, gasped and opened and shut his mouth repeatedly.
McGuire's execution, during which his adult children sobbed in dismay, has led to several calls for a moratorium on capital punishment in the state.
In addition, a separate federal lawsuit filed Thursday seeks to stop the March execution of a northeast Ohio killer on the grounds that condemned inmates could be clinically alive for as long as 45 minutes after a time of death is announced in the state death chamber.
Attorneys for Gregory Lott, who is scheduled to die March 19 for setting an East Cleveland man on fire in 1986 and leaving him to die, also say Ohio is breaking state and federal law by using the drugs without a prescription.
The lawsuit by McGuire's family targets Lake Forest, Ill.-based Hospira Inc.,
(Excerpt) Read more at foxnews.com ...
Dont forget victim in Ohio execution
By STEVE HUNTLEY January 20, 2014
Dennis McGuire holds a tissue while announcing a planned lawsuit against the state over the unusually slow execution of his father, also named Dennis McGuire, at a news conference Friday, in Dayton, Ohio. (AP Photo/Kantele Franko)
Updated: January 21, 2014
Quite a bit of outrage is being heard over whats described as Ohios lengthy, cruel execution of Dennis McGuire. As is usual in news coverage of death penalty controversies, the real victim the person murdered by the criminal is often mentioned in passing with only a generic description of how she came to die. So lets take a moment to recall the last day on Earth of McGuires victim, Joy Stewart.
Joy Stewart, 22, was nearly eight months pregnant when she encountered McGuire in Preble County, Ohio, while visiting a friend on Feb. 11, 1989. McGuire would first blame her kidnapping and murder on his brother-in-law. Authorities took his words seriously because he knew things about the crime that had not been made public, such as the anal rape of the victim, and he led them to the murder weapon, a knife, hidden in a farm hayloft. But McGuires accusation didnt hold up and DNA evidence excluded the brother-in-law but implicated McGuire.
McGuire sought sex from Joy Stewart but she refused and he raped her. According to court documents, McGuire said that because she was so pregnant it was difficult to engage in sex with her, so he anally sodomized her. Joy then became hysterical, which made McGuire nervous. He ended up killing Joy for fear that he would go to jail for raping a pregnant woman.
He choked her. Then he stabbed her with the knife he used to forcibly rape her. His first thrust caused no significant injury, according to the autopsy report. His second blow inflicted a 4½-inch cut in her throat and severed her carotid artery and jugular vein. He wiped blood off his hands on her right arm and dumped her in a wooded area where she was found the next day by hikers.
Sometime between her death and when her body was found, her unborn baby died. Her grave marker indicates she intended to name her baby Carl, according to the Columbus Dispatch. Her husband Kenny committed suicide within a year after her murder, reports the newspaper. Joys sister, Carol Avery, said their parents were devastated: They never fully recovered and both died knowing that her killer still lived...
Via: http://www.suntimes.com/news/huntley/25073876-452/dont-forget-victim-in-ohio-execution.html
Ohio murderer Dennis McGuire
Joy Stewart murdered by Dennis McGuire
Thank you for giving the background on the real victim. All too often the real victims are long forgotten by the circus media.
Hold on...
I thought nobody was there for him amongst the witnesses when he died...
no family friends at all..
Just the victims family plus officials watched...
Yes, they should have:
1) Given him a speedy trial like they did when the Constitution was written.
2) Executed him, the same way they did when the Constitution was written.
This poor woman went through agony before taking her last breathe. Her baby went through agony before dying in her womb. Her husband committed suicide a year later.. a year of total agony for him. So.... I’m suppose to feel what for the criminal? Sadness or anger that he choked a little for 45 minutes before taking his last breathe?! What I feel is sadness for the victim’s parents/family/friends... who lost 3 people to this one person. I won’t say any more...
Maybe the victim’s family could choose the form of punishment including firing squad. The punishment should at least be equal or greater than the crime.
He slaughtered Joy Stewart and her baby 25 years ago !!!!
What do they want?
Tea and crumpets before the execution?
McGuire "repeated cycles of snorting, gurgling and arching his back, appearing to writhe in pain," the lawsuit said. "It looked and sounded as though he was suffocating."
No mention of pregnent Joy Stewart's "snorting, gurgling and arching" her back as McGuire raped her, sodomized her, choked her, and finally slit her throat.
While I toy with the idea of taking seriously the old Byzantine attitude that mutilation (usually blinding, though in the present case, removal of some other body parts in addition might have been warranted) should be substituted for execution, as it gives the miscreant a greater chance to repent of his sins, I am mystified why drastic overdoses of opiates are not used for executions. Surely we should be able to estimate the LD100 for morphine for any given body weight, accounting for any tolerance built up in the case of opiate addicts, double the amount, and administer this as the means of execution to give a genuinely painless, even blissful, death to those found guilty of crimes warranting execution.
Your daddy cruelly raped and murdered a pregnant woman. He could have been choked and stabbed, too....he should count himself lucky he fell into unconsciousness and died within minutes. Your tears mean little, think about the husband and father who committed suicide missing his wife and baby.
Not one red cent for this murder’s family. Not one.
If only the family could also be executed.
Why the hell would you want to do that?
A firing squad is too respectful and romantic. Seriously.
Hang him.
There's nothing here that couldn't be cured by a large-caliber projectile being introduced into the brainstem at high speed. Let's cut all this pretense of humane execution and get the job done as quickly and dispassionately as possible. Then feed his body to the hogs and erase his name from history forever.
Typical leftists and FOX news is in bed with them. I remember a certain talk show host “BO” make that statement years ago. Let one of their own get brutally raped and murdered, I think they would sing a different toon. As for that piece of crap that committed this crime sorry about his luck.
He slaughtered Joy Stewart and her baby 25 years ago !!!!
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So they waited 25 YEARS to execute him?
How about 25 DAYS?
Why? No chance of it being considered cruel and unusual. Remember we’re talking about folks who (unless you take the Byzantine position) “need killin’” as they say in Texas. So long as we have anything like the case law we currently have, making sure they die painlessly is the only way to be sure they get what they need in anything like an timely manner.
NEXT!
Finally the states are getting it right!!!
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