GEORGIA – Clemency for Daniel Greene

april 20  source : http://www.therepublic.com

The Georgia pardons board made the rare decision on Friday to spare the life of a condemned man who was set to die this week for the 1991 murder of his ex-classmate.

The move by the Georgia Board of Pardons and Paroles to reduce Daniel Greene’s death sentence to life in prison without parole came days after the board stayed his execution. Greene was initially set to die on Thursday for the murder of 20-year-old Bernard Walker, who was fatally stabbed as he tried to help a store clerk attacked by Greene.

It was only the fourth time the board has commuted a death sentence since 2002, and it came after an outpouring of support for the Taylor County man by community members, a change of heart by the prosecutor who tried the case against him and a powerful plea for mercy from the condemned man himself.

“I think Daniel’s remorse is very apparent. He’s led an exemplary life before and since these incidents,” said his defense attorney, Jeff Ertel. “It was an aberrant act surrounded by 20 years on each side of an outstanding life.”

Greene, 42, has been on death row for almost 20 years. His crime spree began on Sept. 27, 1991, when he robbed clerk Virginia Wise at her Taylor County convenience store and then stabbed her through the lung. She survived the attack.

Moments later, Walker entered the store and tried to help Wise. Greene stabbed his former classmate through the heart before fleeing, leaving Walker to die in the store’s parking lot. Greene then went on to attack an elderly couple in nearby Macon County and another store clerk in Warner Robins before he was arrested.

A standout defensive lineman in high school, Greene had to be tried in Clayton County because of all the media coverage in his hometown. He was convicted in December 1992 of murder, robbery and assault and was sentenced to death.

At a closed-door meeting on Tuesday, nine of Greene’s supporters spoke on his behalf, and many more sent in impassioned letters urging the board to spare his life. They described him as a gentle giant and hardworking student who stayed out of trouble until the “drug-crazed transgression.”

Former Taylor County Sheriff Nick Giles called him a “beloved son” of the community, and a former corrections officer who knew Greene in prison said he was “as fine a man as I have ever met in my life.”

Greene also sent in a letter to the board expressing his remorse for the pain and suffering he caused Walker’s family.

“I was on drugs at the time, but I took the drugs with my hands, and I take the responsibility. That choice to do drugs and what I did after were the worst mistakes of my life,” he said in the letter. “I do not blame the drugs. I blame myself for everything.”

Taylor County Sheriff Jeff Watson, who went to school with Greene and Walker, said the community was split over the pending execution. He and a local pastor visited Greene in the days leading up to it, and said they found Greene to be remorseful.

“I know a bunch of people went to bat for him, and others think he should be executed. I’ve heard both ways,” he said. “And I know there were a lot of people who are pulling for him.”

District Attorney Julia Slater didn’t immediately return calls seeking comment. Walker’s sister, Amanda Walker Prude, declined to comment.

Mark Shelnutt, the Columbus attorney who prosecuted Greene, told the paroles board that what led him to seek capital punishment was that life without parole was not a sentencing option for Georgia juries at the time.

The death penalty, he said, “was the only way you could make sure he wouldn’t hurt someone again.” But when he went before the board this week, he said he told the five-member panel he was having second thoughts about the death sentence.

“Things back then were so black and white, so right and wrong. I think what happened is I’m not the same person that I was then. I’ve had more experience, and I’ve seen the justice system involved, and the imperfections of it,” he said. “Much more heinous crimes have resulted in life sentences, and that’s what I told them.”

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TEXAS – Save Beunka Adams ! execution scheduled for april 26 – EXECUTED

update

ADAMS’ EXECUTION IS BACK IN PLAY AS ATTORNEY GENERAL APPEALS STAY

HUNTSVILLE, TEXAS — Beunka Adams’ stay of execution is in jeopardy.

Texas Attorney General Greg Abbott asked the U.S. Fifth Circuit Court of Appeals today to throw out the stay issued by a federal judge in Texarkana, a spokeswoman for Abbott said.

If the Fifth Circuit sides with Abbott, the red light for Thursday’s scheduled execution of Adams would return to green, though any ruling would be subject to appeal to the U.S. Supreme Court.

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there are still four days to save Beunka Adams, I am convinced he is innocent, take time to read his website, and you’ll be as convinced of his innocence, a man confessed to be guilty, why is it Beunka in death row? why all these appeals were denied? Beunka why should it be executed? why the state of Texas for once does he not see that he will kill another innocent person, preferring to use taxpayers’ money than to give him the money for the time he spends in jail! The governor is a man without merit, behind his spokesmen, he prefers to kill a man to recognize that he is wrong. the court is blind, or perhaps even more corrupt nothing surprises me coming from texas! it’s time Mr. Governor Rick Perry to show that you are a man who has balls to stop this execution! it is easy to be a coward Mr. Governor, for once, think of the family of this innocent man and do your duty to stop beunka’s execution !

official website : http://www.savebeunkaadams.com/

Robert Taylor – Wrongfully convicted

On November 3, 2011, CWCY client Robert Taylor was released from prison after almost 19 years in prison, proven innocent by DNA. Robert was 15 years old when he falsely confessed to a crime he knew nothing about.

Charles M. Harris: Why Florida should abolish the death penalty

april 18 2012 source : http://www.gainesville.com

Wake up, Florida. We have been sold a pig in the poke. If what we got is not totally defective, it is redundant and far less satisfactory than a comparable product which is efficient and cost effective.

I am, of course, talking about the death penalty and why it should be abolished.

It should be acknowledged that we have two death sentences in Florida; death by execution and death by prison. Both accomplish the same purpose: the condemned will never leave prison alive. Further, it is far from certain which sentence will be carried out first.

This article is in opposition is to the death by execution alternative and is based on the law as it now is and will continue to be, and not on the law as it was in some bygone era when a death sentence was imposed within a reasonable time following the conviction. This article does not urge that we end the death penalty on either moral or religious grounds. Others can better speak to that. And although it is of great concern, and should concern all Floridians, this article does not urge the end the death penalty based on the fact that innocent people may be executed under out present system(we have had more people exonerated and released from our death row than any other state, 25.) That issue is beyond the scope of this article.

My opposition is based on more practical grounds: First, the death penalty is not needed since the legislature adopted the life in prison without parole alternative. This was a wise action taken by the legislature but it has rendered death by execution redundant and the amount we spend on it wasted. Second, death by execution is excessively expensive. Most people who support the death penalty believe it is more cost effective than life in prison. Perhaps at one time, when executions were swift and sure, this may have been the case. It is not now. Most people knowledgeable about the subject will agree that the delay now built into the system, more trial preparation, much longer time to get to trial, much longer jury selections and trials, much more complicated and far more frequent appeals, and continuous motions, have increased the cost of capital punishment so that it is now many times the cost of keeping a prisoner in prison for life.

One study have shown that it costs Florida $51 million per year more to support the death penalty than the costs of keeping our murderers in prison for life (Death Penalty Information Center). For example, it costs the state more than $10 million annually to fund the Capital Collateral lawyers who represent those who have been sentenced to death only after the sentence is entered, and this expense must be paid whether or not here is an execution.

The high cost of executions in California caused one of the sponsors who brought about reintroduction of the death penalty there and who is now leading the effort to end it to say: “Close your eyes for a moment. If there was a state program that was costing $185 million a year and only gave the money to lawyers and criminals, what would you do with it?” (New York Times, April 7, 2012).

Quite obviously, a large amount of the money spent on capital punishment goes for legal expenses. That should not be criticized. Proper legal representation of the accused, particularly those sentenced to death, is an essential element of due process. The only way to end the enormous expense is to end the unnecessary reason for it. The $51 million listed as the extra expense for the death penalty is the annual cost of retaining the death penalty apparatus whether or not we have any executions. If it costs that much just to be able to execute someone, what does each execution cost us? The Miami Herald published an article in 1988 stating that it cost $3.2 million to execute a condemned person but only $750,000 to house a prisoner in prison for life. Both of these figures, of course, have increased over the past twenty plus years as indicated by the study mentioned above.

We have averaged two executions per year over the past decade. If we take the $51 million we spend annually merely to be in a position to execute someone and divide it by the two executions we normally have each year, the cost would be about $25 million each.

What do we get for our money? If the death penalty is not a deterrent, and it is not, and if the death penalty does not make us safer, and it does not, then it is only high-cost revenge. There are those who look at Ted Bundy, DannyRolling and Aileen Wuornus and say that at least they won’t kill again. It is unlikely that they would have killed again in any event while confined forever to their 12-by-7 foot cell, but more importantly to the issue of the death penalty being a deterrent is the fact that although Florida has had the death penalty for many generations, these serial killers murdered almost a score of our citizens before they were caught. They were not deterred by the threat of death.

Law enforcement officers, or at least the chiefs of police, seems to realize the futility of the death penalty or at least believe that the money spent on it can be better spent. A recent survey of police chiefs found that a lack of resources and drug/alcohol abuse tied for what most interferes with effective law enforcement. Of the nine categories, insufficient use of the death penalty was a distant last.

Why would anyone ignore the death penalty while considering killing someone? The answer is that the potential killer, for good reason, does not think the death penalty will apply to him. As Justice Brennan said in his Furman concurring opinion: “Proponents of this argument (that the death penalty is a deterrent) necessarily admit that its validity depends upon the existence of a system in which the punishment of death is inevitably and swiftly imposed. Our system, of course, satisfies neither condition. A rational person contemplating a murder…is confronted, not with the certainty of a speedy death, but with the slightest possibility that he will be executed in the distant future.”

full article : click here

NORTH CAROLINA – Judge Blocks Death Sentence Under Law on Race Disparity

april 20, 2012 source : http://www.nytimes.com

Marcus Reymond Robinson

Concluding that racial bias played a significant factor in the sentencing of a man to death here 18 years ago, a judge on Friday ordered that the convict’s sentence be reduced to life in prison without parole, the first such decision under North Carolina’s controversial Racial Justice Act.

Reading a summary of his ruling from the bench, Judge Gregory A. Weeks of Cumberland County Superior Court said that “race was a materially, practically and statistically significant factor in the decision to exercise peremptory challenges during jury selection by prosecutors” when the inmate, Marcus Reymond Robinson, was being tried.

The disparity was strong enough, the judge said, “as to support an inference of intentional discrimination.”

From the jury box where they sat, the relatives of the man Mr. Robinson killed, Erik Tornblom, watched in disappointed silence. Mr. Robinson, wearing all white, was seated with his lawyers, his head lowered as the judge read his ruling.

The state said it would appeal.

The landmark ruling is expected to be the first of many under the law, which allows defendants and death row inmates to present evidence, including statistical patterns, that race played a major role in their being sentenced to death.

Over the course of the hearing, lawyers for Mr. Robinson presented the findings of a study by Michigan State University researchers showing that prosecutors used peremptory challenges to remove blacks from juries more than twice as often as they used such challenges against whites. The study, which Judge Weeks called valid and reliable, found that disparity existed statewide, and to an even greater degree here in Cumberland County and in Mr. Robinson’s trial in particular.

Prosecutors, who have fiercely opposed the law since it was passed in 2009, criticized the Michigan State researchers’ methodology, but, more pointedly, they said that jury selection was a “complex discretionary system,” with thousands of possible reasons to remove a potential juror. To assume that race was the motive behind many of these decisions, prosecutors said, was not only wrong, but offensive.

“They do not have evidence of purposeful discrimination,” Rob Thompson, an assistant district attorney in Cumberland County, said in his closing arguments. “They do not have some secret society of prosecutors maniacally plotting to remove people from juries. They do not have any of that because there is no such evidence. It doesn’t exist. They have numbers.”

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FLORIDA – Zimmerman’s Bail Set at $150,000 in Martin Shooting

april 20, 2012 source :http://www.nytimes.com

A Florida judge on Friday set George Zimmerman’s bail at $150,000 in the shooting death of 17-year-old Trayvon Martin and imposed restrictions on Mr. Zimmerman’s release from jail.

During the bail hearing, Mr. Zimmerman, a neighborhood watch volunteer who has been charged with second-degree murder for shooting Mr. Martin to death, offered an apology to the victim’s parents, who were in the courtroom.

“I wanted to say I am sorry for the loss of your son. I did not know how old he was,” Mr. Zimmerman, 28, said, speaking publicly for the first time about the Feb. 26 shooting. “I thought he was a little bit younger than I am. I did not know if he was armed or not.”

Mr. Martin’s parents, Tracy Martin and Sybrina Fulton, showed no emotion during Mr. Zimmerman’s remarks. They left shortly before the hearing ended and were whisked by their lawyer across a parking lot to a waiting car.

In setting bail, the judge, Kenneth R. Lester Jr., said that Mr. Zimmerman could have no contact with Mr. Martin’s family and no access to alcohol or firearms and that his movements would be monitored electronically. Judge Lester also set a curfew that would require Mr. Zimmerman to remain at home from 7 p.m. until 6 a.m. and require him check in with the authorities every three days.

Mr. Zimmerman will not be released from jail on Friday. The judge said that he wanted to make sure that security measures were in place for Mr. Zimmerman, who has received death threats.

Mr. Zimmerman’s family members testified that they would assume responsibility for his whereabouts when he is released from jail.

Testifying by telephone, Mr. Zimmerman’s wife, Shellie Nichole Zimmerman, said that she would also notify the court and law enforcement officials if she lost contact with Mr. Zimmerman for any reason before his trial.

 Judge Lester had agreed to allow Ms. Zimmerman and other members of the Zimmerman family, including his father, Robert, and his mother, Gladys, to testify at the hearing by telephone out of concern for their safety.

Mr. Zimmerman, 28, dressed in a white shirt, dark suit and gray tie, was shackled and wore a somber expression during the proceedings as he sat next to his lawyer, Mark O’Mara.

He showed no expression as his wife calmly answered questions from both Mr. O’Mara and Bernado De La Rionada, an assistant state attorney.

Ms. Zimmerman said she and her husband had been married for almost five years and that she did not believe that he posed a flight risk. She said she spoke with him every day by phone when he was in hiding in the weeks before his arrest.

Mr. De La Rionada asked her whether she believed her husband was a violent person. She replied, “No.”

Mr. Zimmerman has spent nine days in the Seminole County jail since his arrest, which came six weeks after he shot and killed Mr. Martin, 17, who was unarmed and walking through a small gated development in Sanford. Mr. Zimmerman told police he shot Mr. Martin in self-defense.

The case, which led to protests and marches around the country, raised questions about Florida’s expansive self-defense law and racial profiling after Mr. Zimmerman was not immediately arrested after the shooting on Feb. 26 and remained free for weeks. Widely criticized for not moving quickly enough on the case, both the Sanford police chief and the local prosecutor stepped aside.

Gov. Rick Scott appointed Angela B. Corey, a state attorney from the Jacksonville area, as a special prosecutor to manage the case. Ms. Corey brought the maximum possible charge against Mr. Zimmerman, outlining in court papers that he had profiled Mr. Martin based on his race before following him as he walked through the development.

If convicted of second-degree murder, Mr. Zimmerman, could face life in prison.

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BREAKING NEWS – Court lifts stay on Johnson’s execution – Executed 2:55 a.m

SMYRNA, Del. — A convicted Delaware killer who waived his right to further appeals and sought to speed his execution was put to death by lethal injection early Friday after a flurry of court filings spurred by federal public defenders seeking to spare his life.

Shannon Johnson was pronounced dead at 2:55 a.m., just minutes before the 3 a.m. deadline for his execution.
Johnson’s last meal was chicken lo mein, carrots, cake, wheat bread and iced tea – the same meal that all other prisoners had – he did not have a special request.
According to a Department of Corrections spokesman, Johnson spent his last few days sleeping, eating, reading, writing letters, watching TV, and speaking with his attorney.
Johnson was already strapped to a gurney when witness were led into the execution chamber.
 
“Loyalty is important. Without loyalty you have nothing. Death before dishonor,” he said when asked by the prison warden if he had a final statement. Johnson then uttered a few words in Arabic before he closed his eyes and the first of three chemicals began flowing through his veins.
As the sedative pentobarbital was administered, Johnson’s breathing became labored and his chest heaved several times. A few seconds later, he was motionless and showed no more signs of movement. The entire process took less than 15 minutes.

source : http://www.delawareonline.com

WILMINGTON — The 3rd U.S. Circuit Court of Appeals lifted the stay on Shannon Johnson’s execution tonight, clearing the way for the lethal injection to take place between midnight and 3 a.m.

The three-judge panel, in a decision handed down just after 5 p.m., wrote that the fact that Johnson himself joined in the appeal filed by Delaware prosecutors seeking to lift the hold on the execution “speaks volumes about the case.”

“From the time of Johnson’s penalty phase to this very day, Johnson has consistently indicated his wish to proceed with his state-ordered execution,” wrote Judge Thomas Hardiman on behalf of the panel.

“[Johnson] has informed every court he has been before and every lawyer involved in his proceedings that he wishes to waive all further … challenges and proceed to execution,” Hardiman wrote.

It is possible the Delaware Federal Defender’s Office – which won a stay from U.S. Chief District Judge Gregory M. Sleet on Wednesday — may now turn to the U.S. Supreme Court to step in and re-impose the stay. Federal defenders, however, were not immediately available for comment.

Johnson’s attorney, Jennifer-Kate Aaronson, said her client, was “very pleased with the ruling and hopes there are no further appeals.”

The Delaware Attorney General’s Office declined comment on the ruling.

Department of Correction officials had been proceeding as if the execution were going to happen tonight and indicated it will go forward as scheduled between midnight and 3 a.m.

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DELAWARE – Shannon Jonhson execution Delayed

april 19 source : http://www.delawareonline.com

WILMINGTON — A federal judge on Wednesday indefinitely delayed Friday’s scheduled execution of convicted killer Shannon M. Johnson, saying he needed more time to “digest” a massive legal filing by the Delaware Federal Public Defender’s Office, which is seeking to stop the lethal injection.

Johnson, 28, waived all his remaining appeals to speed his execution and was declared competent to waive those legal rights by Superior Court Judge M. Jane Brady last month.

However, federal defenders acting on behalf of Johnson’s sister, Lakeisha Ford, argue that Johnson is not competent due to mental illness and substandard intelligence and a state court competency review was flawed.

Johnson was convicted in 2008 of the murder of 25-year-old Cameron Hamlin. Hamlin’s father, Vandrick, was in the courtroom Wednesday and seemed taken aback by the turn of events.

Afterward, he was briefly speechless before saying that he was disappointed by U.S. District Chief Judge Gregory M. Sleet’s ruling to stay Johnson’s execution.

State prosecutors and Johnson’s court-appointed attorney, Jennifer-Kate Aaronson, also seemed stunned by the ruling and objected to the delay. Deputy Attorney General Paul Wallace described the lengthy brief filed by public defenders on Friday — six days before the execution — as a ploy designed “to ensure they get a stay.”

“It is Mr. Johnson’s view that he has been accorded all constitutional due process,” Aaronson told Sleet.

Wallace told Sleet that the state would appeal the issue to the U.S. Third Circuit Court of Appeals.

The appeal seeking to reinstate Johnson’s Friday execution was filed with the Philadelphia-based appeals court several hours later. The 30-page motion to vacate the stay of execution filed with the appeals court mirrors the brief state prosecutors filed with Sleet on Monday, opposing the federal defender’s petition. It concludes that Sleet lacked jurisdiction to issue a stay because the state court’s finding that Johnson is competent was reasonable.

read full article : click here

ALABAMA- Dothan man sentenced to death for third time – Jerry Jerome Smith

april 18, 2012 source : http://www2.dothaneagle.com

Randolph Flournoy said he’ll never forgive Jerry Jerome Smith for killing his brother more than 15 years ago.

Jerry Smith

“God already done spoken through the judge,” said Flournoy.

Houston County Circuit Court Judge Michael Conaway sentenced 41-year-old Smith to death Wednesday, affirming a recommendation by a jury returned earlier this year.

It became the third time a Houston County judge has sentenced Smith to death for the same capital murder convictions.

A jury found Smith guilty of killing Willie James Flournoy, 40, of Dothan, Theresa Ann Helms, 26, of Wicksburg and David Lee Bennett, 29, of Midland City. The three people were killed at a Sturgeon Court residence on Oct. 19, 1996, which police had described as a crack house. All three people were shot to death in the home.

Several months ago the state Supreme Court upheld Smith’s conviction, but reversed his sentence.

The judge could have affirmed the jury’s recommendation of the death penalty or overturned it and issued a sentence of life in prison without the opportunity for parole.

“Let’s go ahead and give him his last meal,” Flournoy said. “You can not pat the devil on the head and think he’s going to change.”

Marvin Helms said Smith fatally shot his sister seven times.

“I’m tired of coming here for the same thing,” Helms said. “He shot two men less times than he shot my sister. They don’t need to give him life. They need to go on and kill him. They need to take him down to sparky.”

According to the deathpenalty.org website, the primary method of execution is lethal injection in Alabama, although inmates convicted before 2002 can choose either electrocution or lethal injection.

In contrast, Bobby Bennett, the brother of David Lee Bennett, said he disagreed with the court’s sentence.

“I think it should’ve been life without parole. Maybe God can use this young man, even in prison,” Bennett said. “I just don’t believe in taking a man’s life. Who are we to judge?”

Bennett recalled his brother as a forgiving person.

“I still believe in chances even though my brother didn’t have any,” Bennett said. “God brings closure. God forgives, and so must we.”

Conaway heard arguments from Smith’s attorney, Aaron Gartlan, and Houston County District Attorney Doug Valeska before making his ruling.

Attorney David Hogg, who also represented Smith, said his client’s first two sentences were reversed. The death sentence was reversed because of comments made by some of the relatives of victims in the murders during the jury selection of the trial.

Valeska referred to Smith as someone who ran a drug trafficking enterprise. Valeska also said Smith has shown the court no remorse.

Smith turned down an opportunity to say anything before the court made its ruling.

“All he wanted was money for his drug enterprise,” Valeska said. “Jerry Jerome Smith is the worst of the worst. In the history of the city of Dothan no one has ever killed three people and tried to kill a fourth. We don’t call for vengeance, we call for justice.”

Gartlan asked the court to consider reports he turned in to the court indicating his client was mentally retarded.

“We were not allowed to develop that issue with the jury,” Gartlan said. “They were not allowed to consider the full picture.”

The state Supreme Court upheld the court’s ruling that Smith was not mentally retarded, which in the state of Alabama would have prevented him from facing the death penalty.

The Supreme Court’s opinion said Smith’s actions of “systematically” killing three people and attempting to kill a fourth after his gun jammed were not the actions of a mentally retarded individual.

Gartlan said the Supreme Court’s ruling did not limit him from presenting his client’s mental retardation as mitigating evidence.

Valeska told the Eagle earlier that it was a death penalty case because two or more people were killed at the same time, and that they were killed during a burglary.

SOUTH DAKOTA – Death penalty delay looms

april, 17, source : http://www.argusleader.com

A federal judge’s ruling in March that the Food and Drug Administration allowed unapproved tranquilizing drugs into the country might delay an execution in South Dakota. But it is not likely to ultimately imperil the death penalty here or in 33 other states.

South Dakota Attorney General Marty Jackley acknowledged the planned September execution of Rodney Berget might be postponed as the state and federal government work their way through the ramifications of U.S. District Court Judge Richard Leon’s ruling regarding the drug sodium thiopental.

Berget was sentenced to death after he and two other inmates were convicted of killing prison guard Ron Johnson during an escape attempt last year at the South Dakota State Penitentiary.

South Dakota is among the states that administer thiopental as a tranquilizer in a series of lethal drugs that also paralyze the lungs and stop the heart. However, U.S. drug companies stopped making thiopental several years ago, leaving an Italian company as the only source for the drug.

The Italian government this year barred the thiopental made there from being used in executions, so American states that use the drug are forced to rely on their existing stockpiles. Now, though, the FDA, is being forced to go after those state stockpiles.

In a federal lawsuit brought by death penalty opponents, Leon ruled the FDA disregarded its responsibility to ensure the safety of imported drugs when it allowed Italian thiopental to be brought into this country.

In response to that, the FDA sent South Dakota a letter April 6 telling it “to make arrangements for the return to the FDA of any foreign-manufactured thiopental in its possession.”

Jackley has refused. He sent a letter back the following day saying the state’s thiopental already has cleared customs and been independently tested to ensure it was pure and adequately potent. He invited the FDA to work with the state on further testing if it has concerns about the thiopental in South Dakota’s hands.

But Jackley is walking a careful middle ground. While acknowledging the FDA’s authority to oversee drugs, he is not ceding the state’s right to have a death penalty.

“The state’s position is we have a duty to carry out a judge’s sentence and to serve justice on behalf of a victim’s family. We would hope the federal agencies appreciate that position and work with us to ensure that carrying out the courts’ sentences is done in a constitutional manner,” Jackley said.

While Berget’s scheduled execution probably could be postponed while the drug issue plays out, the May 13 planned execution of Eric Robert, Berget’s accomplice, already has been pushed back by a state Supreme Court review of his mandatory appeal.

Other inmates on the state’s death row, Donald Moeller, convicted in 1992 of rape and murder, and Charles Rhines, also convicted of murder in 1992, have appeals ongoing and no execution dates have been set for them, according to Jackley.

In the short term, states probably can get around the thiopental issue by resorting to other drugs.

“Twelve states that I am aware of have switched to pentobarbital,” said Richard Dieter, executive director of the Death Penalty Information Center in Washington, D.C.

Jackley notes South Dakota’s death penalty statute is written to give the state wide latitude in the drugs it uses to carry out executions. But Dieter and Joan Fisher, a federal defense lawyer in Sacramento, Calif., who founded a pioneering death penalty defense unit in Idaho, suggest the same problem with access in the case of thiopental ultimately could arise with pentobar bital.

Like thiopental, it now is manufactured only overseas.

“This does underscore the fact the U.S. is dependent on overseas for certain drugs. That’s a larger problem,” Dieter said.

“Things are changing so quickly on us it’s hard to keep up with state corrections departments,” Fisher said of the ability of states to use new execution drugs and thereby evade defense attorney arguments that the drugs are not being appropriately regulated by the FDA.

However, while she admits the current furor over thiopental is merely “a speed bump” in blocking executions, she differs with Jackley on the larger issue. Death penalty foes and defense lawyers might find challenges over execution drugs a fertile field for lawsuits, said Fisher.

“I suspect there is the potential for more litigation than the attorney general would like,” she said.