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Posted: Wednesday, June 18th 2014 at 10:02pm

Concerns aside, executions persist in some states

By The Associated Press
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ST. LOUIS (AP) - With Florida preparing Wednesday for the nation's third execution in less than 24 hours, some death penalty states particularly in the South appear unfazed by the recent furor over how the U.S. carries out lethal injections.

A botched execution seven weeks ago in Oklahoma amplified a national debate about the secretive ways many states obtain lethal injection drugs from loosely regulated compounding pharmacies. Before Tuesday, nine executions were stayed or delayed albeit some for reasons not related to the drug question.

Amid the court battles, many pro-death penalty states kept pushing to resume executions, including the three that scheduled lethal injections during the quick burst this week. Georgia and Missouri executed prisoners around an hour apart late Tuesday and early Wednesday, and John Ruthell Henry was scheduled to receive a lethal injection at 6 p.m. EDT in Florida.

Austin Sarat, professor of jurisprudence and political science at Amherst College, said there has been a regional divide when it comes to how quickly states are returning to the business of putting prisoners to death.

``I think what you're going to see is kind of a division where some areas, some states, predominantly in the South, are going to dig in their heels,'' Sarat said. ``Other states are going to proceed more cautiously and impose, if not an official moratorium, more of a de facto moratorium until things get sorted out.''

The executions in Georgia and Missouri were the first since April 29, when Oklahoma prison officials halted the process because drugs weren't being administered properly into the veins of inmate Clayton Lockett. He died of a heart attack 43 minutes after the process began.

Lawyers for death row inmates have cited concerns that what happened in Oklahoma could be repeated, and they've challenged the secretive ways many states obtain lethal injection drugs from loosely regulated compounding pharmacies.

There appeared to be no noticeable glitches in the Georgia or Missouri lethal injections. Marcus Wellons, 59, was put to death in Georgia for the 1989 rape and murder of a 15-year-old girl. In Missouri, John Winfield, 46, was executed for killing two women in St. Louis County in 1996.

Florida has moved ahead with plans to execute 63-year-old John Ruthell Henry, convicted of killing his estranged wife and her son, despite claims that he is mentally ill and intellectually disabled.

Asked Tuesday if he had discussed with the Department of Corrections what happened in Oklahoma and if any changes were needed in Florida, Gov. Rick Scott said, ``I focus on making sure that we do things the right way here.''

Four states are responsible for 20 of the 22 executions so far this year: Texas with seven, Missouri and Florida with five each, and three in Oklahoma. Georgia and Ohio have each performed one.

Richard Dieter, executive director of the Death Penalty Information Center, a nonprofit that opposes executions and tracks the issue, said that while 32 states still have the death penalty on the books, the number of states actually performing executions has dropped sharply. Pennsylvania, for example, still has the death penalty but hasn't executed anyone since 1999. Utah has had one execution since 2000. Maryland and Washington had two in that same span.

As recently as 2011, 13 states carried out capital punishment. In 1999, 20 states carried out 98 executions, a modern high.

``Places like Missouri and Florida not only is there political will but the courts are allowing these things to go forward in secrecy and despite problems with the new drugs,'' Dieter said.

Georgia and Missouri both use the single drug pentobarbital, a sedative. Florida uses a three-drug combination of midazolam hydrochloride, vecuronium bromide and potassium chloride.

In Georgia, Wellons lay still with his eyes closed as the drugs were administered. Minutes into the procedure, he took some heavy breaths and blew air out through his lips as if snoring. There was no visible movement minutes later. Before his execution, Wellons said he hoped his death would bring peace to the family of India Roberts, a teen neighbor whom he raped and killed in suburban Atlanta.

``I'd like to apologize to the Roberts family for my crimes and ask for forgiveness,'' he said.

Winfield, in Missouri, took four or five deep breaths as the drug was injected, puffed his cheeks twice and then fell silent, all in a matter of seconds. He was pronounced dead a few minutes later.

In Florida, the defense has focused on competency rather than the drug question in an effort to spare Henry's life. The state says anyone with an IQ of at least 70 is not mentally disabled; testing has shown Henry's IQ at 78, though his lawyers say it should be re-evaluated.

Henry stabbed his estranged wife, Suzanne Henry, to death a few days before Christmas in 1985. Hours later, he killed her 5-year-old son from a previous relationship. Henry had previously pleaded no contest to second-degree murder in the fatal stabbing of his common-law wife, Patricia Roddy, in 1976, and was on parole when Suzanne Henry and the boy were killed.

Associated Categories: Homepage, National News, Local/State News

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