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D.C. judge stays execution of man convicted of killing 10-year-old
UPI ^ | 08/27/2020 | By Danielle Haynes

Posted on 08/28/2020 5:34:30 AM PDT by Red Badger

Aug. 27 (UPI) -- A federal judge in Washington, D.C., on Thursday issued a stay of execution for a man who was set to die Friday for the murder of a 10-year-old girl in 1999.

District Judge Tanya Chutkan halted plans for the execution of Keith Dwayne Nelson, 45, saying the federal government must, by law, have a prescription for the drug it plans to use for the lethal injection.

The U.S. government uses a single drug for its lethal injections -- pentobarbital, a sedative. Chutkan said using the drug without a prescription is a violation of the Food, Drug and Cosmetic Act.

"The government got caught taking shortcuts and the district court ruled that they cannot make an end-run around the law," Nelson's attorney, Dale Baich, said. "Here, the government made a choice to use compounded drugs and in so doing was taking a risk that it would violate the FDCA."

The U.S. Department of Justice appealed Chutkan's ruling with the U.S. Circuit Court of Appeals for the District of Columbia.

Nelson pleaded guilty to the Oct. 12, 1999, kidnapping, rape and murder of a 10-year-old girl whom he abducted while she was rollerblading in front of her home.

His attorneys argue he was denied effective trial counsel and the jury sentenced him to death without hearing of mitigating circumstances, including his "severe organic brain damage," mental illness, and physical and sexual abuse as a child.

If he's executed Friday, Nelson will be the fifth person put to death by the U.S. government this year. Attorney General William Barr resumed federal executions last month after a 17-year hiatus.

The Bureau of Prisons has carried out the executions of Daniel Lewis Lee (July 14), Wesley Purkey (July 16), Dustin Honken (July 17) and Lezmond Mitchell (Wednesday).


TOPICS: Crime/Corruption; Culture/Society; Government
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To: BobL

Well, we cant expect the purest of real conservatives to sully themselves by voting for squishy rino’s who are only useful when confirming judges and determining who chairs committees and maybe voting against impeachment when they can sit home and let no nonsense devoted marxists get elected instead.


41 posted on 08/28/2020 7:23:46 AM PDT by prov1813man (ist)
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To: shelterguy
"I have never needed a prescription for a drug given to me by a doctor or nurse."

I get your point but the attending physician must write an order detailing the drug.

42 posted on 08/28/2020 7:24:11 AM PDT by buckalfa (Feed Your Head ! Feed Your Head !)
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To: Buckeye McFrog
It's all too real. Turning to FDA boilerplate is a common tactic of defense lawyers in capital cases. They've stopped executions in the past by arguing that the drugs to be used were not found "safe and effective" by the FDA. I did NOT make that up.

They’ve stopped executions because the drugs were two weeks beyond their expiration date, and were therefore assumed to be no longer effective. Nothing could be further from the truth, but it was enough for a progressive judge to halt the execution.

My suggestion is to use the exact same method for the execution as the convicted murderer used on his victim. Strangulation? The death by hanging. Shot his victim? Then shoot the sonny beach. Poisoned his victim, then by all means chemical execution without palliatives to ameliorate the symptoms. Stabbed? Ditto. The basic Eye for an Eye approach that might serve to dissuade future murderers from killing.

Not completely certain that this is the murderer, i.e. the DNA evidence proves he is the killer? Then use the veal prison approach proposed by a friend of mine: Take an island in the pacific somewhere, provide a cabin, a 100‘ chain connected to a heavy duty stake in concrete in the middle and to the convict, a very deep hole for a latrine, and put the convict there, alone. Drop food, water, and reading material, weekly from a helicopter. No TV, no internet, no sports. He can wander around in a 200” diameter circle, seeing, speaking to no one, sending/receiving mail through the helicopter. He can’t hurt anyone, can’t kill anyone, can’t harm society. Serves his sentence there. If exonerating evidence appears, he hasn’t been executed wrongly.

43 posted on 08/28/2020 7:29:25 AM PDT by Swordmaker (My pistol self-identifies as an iPad, so you must accept it in gun-free zones, you hoplophobe bigot1)
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To: LukeL
Using her logic, no lethal injection could be carried out, because every sane person (you cannot execute an insane person) has the legal right to refuse any and all medications.

No doubt that was her intent. Academics in the legal community are determined to abolish the death penalty. The courts are slow-rolling their plan into action.


44 posted on 08/28/2020 7:36:13 AM PDT by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer.)
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To: RightLady
We must find out those who are appointing these judges and let the country know. Get those in Congress who approved, removed from office.

This idiot was appointed the bench in 2014 by Barack Obama. . . Who else?

There’s an explanation for this insanity. . . It’s a pandemic worse than Covid19.

Swordmaker's and Kathy's proposed diagnosis code for the new International Diagnostic Codes (ICD-Rev.10) upcoming addenda:

321.0 SPLAT — Progressive/Liberal Cerebral Defenestration (PLCD) or Progressive/Liberal Acquired Brain Absence (PLABA): The complete loss of rationality, cognition, and cerebration due to indiscriminately keeping one's mind so far open that the brain falls out. First and subsequent encounters.

45 posted on 08/28/2020 7:36:36 AM PDT by Swordmaker (My pistol self-identifies as an iPad, so you must accept it in gun-free zones, you hoplophobe bigot1)
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To: buckalfa

Physicians have taken a Hippocratic Oath to first do no harm, which sort of puts them in a Catch 22.


46 posted on 08/28/2020 7:36:55 AM PDT by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer.)
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To: mastertex
F*cking Black Obama judge would not say a word if the guy being executed was white......Some Judges need to impeached or worse yet....

He is white:


Face of the child molesting, murdering bass-turd

47 posted on 08/28/2020 7:40:55 AM PDT by Swordmaker (My pistol self-identifies as an iPad, so you must accept it in gun-free zones, you hoplophobe bigot1)
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To: Red Badger

Hanging ... firing squad ... dropping a 20 ton boulder on him ... all options.


48 posted on 08/28/2020 7:43:36 AM PDT by Rurudyne (Standup Philosopher)
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To: Red Badger

Appointed by....Osama Obama.Color me stunned!


49 posted on 08/28/2020 7:53:10 AM PDT by Gay State Conservative (The Rats Just Can't Get Over The Fact That They Lost A Rigged Election!)
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To: mrmeyer

How about a nice ‘Green’ Hemp rope, no prescription, natural so satisfies the GAIA worshipers........it’s a win win!


50 posted on 08/28/2020 8:02:07 AM PDT by Mastador1 (I'll take a bad dog over a good politician any day!)
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To: Red Badger

So-called “Judge” Tanya Chutkan is an Obama-judge and frequent flier in judicial activism news. This woman (or whatever she identifies as) disgusts me.


51 posted on 08/28/2020 8:14:02 AM PDT by Pollster1 ("Governments derive their just powers from the consent of the governed")
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To: Red Badger

This fool did it the last 3x all overturned if I remember correctly


52 posted on 08/28/2020 8:14:59 AM PDT by italianquaker
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To: Swordmaker
Nitrogen asphyxiation. Painless. Non-toxic. Cheap.
53 posted on 08/28/2020 8:15:42 AM PDT by Myrddin
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To: redfreedom

Hopefully if they are generics from china they are safe


54 posted on 08/28/2020 8:15:57 AM PDT by italianquaker
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To: Red Badger
AGNTSA.

When a Judge does this, is there a way to fast track their Impeachment?

55 posted on 08/28/2020 8:21:04 AM PDT by Dead Corpse (A Psalm in napalm...)
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To: Dead Corpse

AGNTSA?

GANGSTA?.................


56 posted on 08/28/2020 8:38:42 AM PDT by Red Badger (Sine Q-Anon.....................)
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To: HANG THE EXPENSE

Nitrogen, use diver mask, 10 minutes to sleep and gone.


57 posted on 08/28/2020 8:47:42 AM PDT by bdfromlv (Leavenworth hard time)
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To: prov1813man; BobL

Y’all keep sayin’ this. It’s not working but that doesn’t seem to occur to you. Maybe try a new argument. I am not trying to silence you. There is no need for that.
Plenty of people are aware of your ideas and where they have led, and they are not listening to you. My comment is not to correct you but to hopefully enjoy the replies of the growing number of #NEVERRINOS all over the country.

Your idea looks even weaker bringing that up on this particular thread. This judge was confirmed by the Senate 95-0. You should pay better attention, even though I know you dare not sully yourself by listening to one of us “pure conservatives”.


58 posted on 08/28/2020 9:12:09 AM PDT by BDParrish (God called, He said He'd take you back!)
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To: BDParrish

“Y’all keep sayin’ this. It’s not working but that doesn’t seem to occur to you. Maybe try a new argument. I am not trying to silence you. There is no need for that.”

...and I have NO PLANS to stop, at least until everyone here GETS IT. But I will point out some stuff:

First of all, Republicans WILL NOT stop Democrat judges from being confirmed out of spite. We can bitch all we want, that WILL NOT change. Get used to it. Even people like Cruz and Paul will vote for otherwise-qualified Democrat judges. Go bitch at them if you don’t like their policies, but don’t take it out on my kids.

Second. The ONLY REASON that Trump got so many judges seated was because REPUBLICANS (including RINOs) controlled the Senate from 2013 to 2017. They slow-walked Obama’s judges and left a ton of seats open for Trump, not to mention Gorsuch himself.

So, I’ll ask you, WHAT IS YOUR PLAN, other than handing the country over to the Democrats?


59 posted on 08/28/2020 9:25:13 AM PDT by BobL (I shop at Walmart and eat at McDonald's, I just don't tell anyone, like most here)
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To: BobL

That’s better Bob.
Always appreciate your spirit agree or not.
Freegards!


60 posted on 08/28/2020 9:33:47 AM PDT by BDParrish (God called, He said He'd take you back!)
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