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executions
After Missouri Executes Brian Dorsey, Cori Bush Says Abolish Death Penalty
His case, the congresswoman said, "demonstrates the systemic rot of our criminal legal system, which not only fails to prevent violence but actually enables violence itself."
Apr 10, 2024
Democratic U.S. Congresswoman Cori Bush renewed her demand for an end to the death penalty nationwide after her home state of Missouri executed 52-year-old Brian Dorsey on Tuesday evening.
"There is no place in a humane society for state violence. Gov. Mike Parson could have saved Brian Dorsey's life by granting clemency, but he chose to uphold his legacy as the 'Deadly Governor' by denying Mr. Dorsey mercy," Bush said in a statement.
Bush and Rep. Emanuel Cleaver (D-Mo.) had written to Parson last week urging the Republican to spare Dorsey's life.
Others who recently tried to prevent Dorsey's execution included family members, five of the jurors who sentenced him to death, over 70 current and former correctional officers, and former Missouri Supreme Court Judge Michael Wolff, who previously upheld his sentence.
\u201cI spent 27 years working in corrections .... I believed that the whole purpose of \u2018corrections\u2019 was to rehabilitate people. I knew Brian Dorsey for many years, and I can say without hesitation that he was completely rehabilitated.... Brian\u2019s execution doesn\u2019t make sense to me.\u201d— (@)
The right-wing U.S. Supreme Court also declined to intervene. Dorsey was injected with a single dose of pentobarbital at the state prison in Bonne Terre and pronounced dead at 6:11 pm local time, according to the Missouri Department of Corrections.
"Dorsey took a few deep breaths as the drug was injected, then several shallow, quick breaths," The Associated Pressreported Tuesday. "At one point he raised his head from the pillow and blinked hard. After several seconds, all movement stopped."
Based on advice from private counsel hired by the Missouri State Public Defender to defend him, Dorsey pleaded guilty to first-degree murder for killing his cousin, Sarah Bonnie, and her husband, Benjamin Bonnie, at their home on December 23, 2006.
"Had counsel investigated and completed an expert evaluation of their client, they would have learned that Mr. Dorsey was not guilty of first-degree murder, as he was neurologically incapable of deliberation," a lawyer for Dorsey wrote in a recent legal filing.
Bush—who is among dozens of congressional Democrats who have advocated against capital punishment—expressed alarm that Dorsey was killed "despite serious concerns about his state of mind when he committed the offense and the legal representation he was provided."
His case, she said, "demonstrates the systemic rot of our criminal legal system, which not only fails to prevent violence but actually enables violence itself."
"We are so much more than our worst mistakes, and not a single one of us deserves to die because of them," the congresswoman added. "We must refuse to allow another life to be taken by our government. We must abolish the death penalty."
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Top US Nitrogen Gas Producers Ban Use in Executions
"Drug manufacturers don't want their medicines diverted and misused in torturous executions and the makers of nitrogen gas share the same objection: They do not want their products to be used to kill," said one campaigner.
Mar 11, 2024
Three of the leading U.S. manufacturers of medical-grade nitrogen gas said this week that they will not allow their products to be used in executions, a move that came after Louisiana approved the controversial capital punishment method recently used to kill an Alabama prisoner who appeared to be in agony before he died.
Airgas—owned by the French company Air Liquide—along with Air Products, and Matheson Gas toldThe Guardian that they are banning the use of their nitrogen gas products in the previously untested execution method used to cause death by hypoxia, or deprivation of oxygen to vital tissues.
Veterinarians consider nitrogen gas unethical for euthanizing animals and United Nations human rights experts have asserted that the execution technique may violate international anti-torture law.
"Airgas has not, and will not, supply nitrogen or other inert gases to induce hypoxia for the purpose of human execution," the company said.
Matheson Gas told The Guardian that use of its products in executions is "not consistent with our company values," while Air Products told the U.K.-based newspaper that it has established "prohibited end uses for our products, which includes the use of any of our industrial gas products for the intentional killing of any person (including nitrogen hypoxia)."
Four states—Alabama, Louisiana, Mississippi, and Oklahoma—have approved nitrogen gas for use in executions. Last week, Louisiana Gov. Jeff Landry, a Republican, signed legislation passed by the GOP-controlled state Legislature expanding execution methods to include the electric chair and nitrogen hypoxia. This, despite the agonizing execution in January of 58-year-old Kenneth Smith, who was killed by the state of Alabama by nitrogen hypoxia on January 25 after the U.S. Supreme Court rejected his last-ditch appeal.
Rev. Jeff Hood, a spiritual adviser to U.S. death row inmates, witnessed Smith's killing, which he described as "horrific and cruel." Hood and other witnesses said Smith convulsed violently for several minutes while he was strapped to a gurney and forced to breathe nitrogen gas through a mask. Even prison guards were taken by surprise as the gurney shook and Smith struggled for his life.
Alabama officials had claimed that nitrogen hypoxia is "perhaps the most humane method of execution ever devised."
States have sought alternative means of killing condemned prisoners—including nitrogen gas and firing squads—ever since the European Union banned the sale and export of lethal injection drugs in 2011.
Maya Foa, co-executive director of the anti-death penalty group Reprieve, told The Guardian that "drug manufacturers don't want their medicines diverted and misused in torturous executions and the makers of nitrogen gas share the same objection: They do not want their products to be used to kill."
"States which claim that the lethal injection or gas inhalation are 'humane' methods of execution are merely seeking to mask what it means for a state to forcibly put someone to death," Foa added. "The makers of these products see through the lie and naturally want nothing to do with it."
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US Supreme Court Refuses to Stop Alabama Nitrogen Gas Execution
"The death penalty is the ultimate cruel, inhuman, and degrading punishment, and we urge Alabama Gov. Kay Ivey to use her clemency power to stop the execution of Kenneth Smith before it's too late," said one group.
Jan 24, 2024
The U.S. Supreme Court on Wednesday denied an application to stop the execution of a man on Alabama's death row who is set to become the first person in the country to be killed with nitrogen gas in a method rejected by veterinarians for euthanizing animals and condemned by United Nations human rights experts as possible torture.
The justices rejected assertions by lawyers representing 58-year-old Kenneth Smith—who was convicted and sentenced to death for the 1988 murder of Elizabeth Sennett—that execution by the untested method of suffocation with nitrogen gas violates the U.S. Constitution's prohibition of "cruel and unusual punishment."
The attorneys' argument was based largely on the fact that Smith survived a botched attempt to execute him by lethal injection in November 2022.
Smith's petition for a writ of certiorari asked: "Does a second attempt to execute a condemned person following a single, cruelly willful attempt to execute that same person violate the prohibition against cruel and unusual punishments under the Eighth and 14th amendments to the United States Constitution?"
A separate challenge by Smith to the use of nitrogen gas in his execution is pending before the 11th U.S. Circuit Court of Appeals.
Two other states, Mississippi and Oklahoma, have approved the use of nitrogen gas for executions. States have scrambled to find alternative means of killing condemned inmates after the European Union banned the sale and export of lethal injection drugs in 2011.
Earlier this month, Ravina Shamdasani, a spokesperson for the United Nations Office of the High Commissioner for Human Rights, warned that the U.S. may be violating the Covenant on Civil and Political Rights and the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment by allowing Smith's execution by nitrogen asphyxia.
Shamdasani noted that the American Veterinary Medical Association recommends sedating animals before euthanizing them with nitrogen—a step that is not included in Alabama's protocol.
In addition to concerns over the method of Smith's impending execution, advocates have also pointed to flaws in his sentencing process. The jury that convicted him in 1996 voted 11-1 to recommend a sentence of life imprisonment without the possibility of parole, but a judge invoked a since-outlawed rule to override the jurors.
Rights groups urged Alabama's Republican governor to halt Smith's execution—a move she declined in 2022.
"The death penalty is the ultimate cruel, inhuman, and degrading punishment, and we urge Alabama Gov. Kay Ivey to use her clemency power to stop the execution of Kenneth Smith before it's too late," Amnesty International implored Wednesday.
Abraham Bonowitz, co-founder of the abolitionist group Death Penalty Action, called Wednesday "a shameful day for our country."
"The discussion that is missing in all of this hubbub around nitrogen hypoxia is the mental torture of a second execution attempt," he added. "That, and the fact that if Kenny Smith were on trial today, he could not be sentenced to death at all because his jury was not unanimous regarding his sentence. Jury overrides were outlawed in Alabama in 2017. Alabama's capital punishment system as a whole is broken and cannot be trusted to get it right."
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