A ruling that resulted in a temporary halt in Ohio executions last week means there are 148 inmates on Ohio's death row with uncertain futures. Ohio's death penalty is currently under scrutiny, largely due to opposition that's been raised from documented failures to follow protocol in state executions.
In January, Federal District Court Judge Gregory Frost of Newark, Ohio halted condemned murderer Charles Lorraine's Ohio execution because Ohio has allegedly demonstrated problems over the last several months upholding the execution protocol the state put in place itself in 1981. On Feb. 8, the U.S. Supreme Court upheld Frost's decision, saying that because Ohio had been proven to stray from its own execution policies, it couldn't be trusted to carry out Lorraine's execution or any other death sentences. The next execution in Ohio is scheduled for April.
Frost is one of several advocating for the abandonment on Ohio's death penalty. "For close to eight years, the Court has dealt with inmate challenges to the constitutionality of Ohio’s execution protocol. During that time, the litigation has morphed from focusing primarily on allegations of cruel and unusual punishment to allegations of equal protection violations. Ohio has been in a dubious cycle of defending often indefensible conduct, subsequently reforming its protocol when called on that conduct, and then failing to follow through on its own reforms," said Frost in his written opinion.
He goes on to describe instances in which state agents lied to the Court concerning state executions, expressing frustration about the state's lack of commitment to constitutional execution. "No judge is a micro-manager of executions and no judge wants to find himself mired in the ongoing litigation in which he must continually babysit the parties," said Frost.
That's just a piece of it; there are other judicial bigwigs hoping to have Ohio's death penalty overturned, including Senior Associate Justice for the Ohio Supreme Court Paul Pfiefer, who helped write Ohio's death penalty law when he was a state senator more than 30 years ago. According to Pfeifer, he's changed his mind because he sees the option of life without the possibility of parole more moral and socially beneficial.
Evidently, most of the deviations from the execution regulations were minor paperwork technicalities. Huffington Post reports the errors included switching the official whose job it was to announce the start and finish times of the lethal injection and not properly documenting that the inmate's medical records were reviewed.
Those in support of the hold, however, make another point. Controlling life and death is the most important power the state of Ohio holds; if it can't follow minor rules that it set for itself, who's to say there won't be larger, more detrimental errors in the future?
It's difficult to tell whether or not Ohio will just get a slap on the wrist for its slip-ups or if reform will be seriously considered. The death penalty has almost always been a part of Ohio's history, since it became a state in 1803. Ohio ranked third in the U.S. for executions among the 34 states that have the death penalty in 2011.
Listen to Paul Pfeifer and hear more about the controversy on The Sound of Ideas radio program below.
What did they know and when did they know it? Moreover, why aren't they commenting on it?
“They,” in this case, are leaders of the Ohio Republican Party. And “it” is the drunken driving arrest of State Rep. Robert Mecklenborg (R-Green Township). In the 16 days since the April arrest became publicized through the media, the state GOP has been curiously silent about the matter.
In this week’s Porkopolis column, I wondered how Cincinnati Vice Mayor Roxanne Qualls felt about “being continually used as a human shield” by City Councilman Chris Bortz on an issue of a potential conflict of interest.
Apparently, the answer is, “Not too good.”
Nearly two years after she filed the lawsuit, a congresswoman who lost in the March primary election has dropped her legal action against a political opponent.
A spokesman for U.S. Rep. Jean Schmidt (R-Miami Township) told The Enquirer today that she decided to drop her defamation lawsuit against Madeira businessman David Krikorian. Schmidt filed the suit in June 2010, and had sought $6.8 million in damages.
Krikorian is claiming victory in the dispute, and told CityBeat the lawsuit was an intimidation tactic by well-funded special interests.
“Her lawsuit was entirely without merit,” Krikorian said. “It was meant to silence and intimidate me and cost me money. It did not work.”
Krikorian ran as an independent against Schmidt in 2008; he unsuccessfully ran in the Democratic primary for the same seat in 2010 and again this year.
During the ‘08 campaign, Krikorian distributed a pamphlet alleging Schmidt had received “blood money” from the Turkish government in return for her opposition to a congressional resolution that declared Turkey had committed genocide against Armenia during a 1915 conflict.
But the lawsuit proved to be Schmidt’s undoing. She received more than $400,000 in free legal assistance from the Turkish Coalition of America to support her suit. In August 2011 the House Ethics Committee ruled that Schmidt received an “impermissible gift” but didn’t “knowingly” violate the law. She was ordered to repay the coalition, which she has yet to do.
Shortly thereafter, Citizens for Responsibility and Ethics in Washington (CREW), a nonpartisan watchdog group, dubbed Schmidt as one of the most corrupt members of Congress.
All of the drama took its toll: Schmidt lost the GOP primary earlier this month to challenger Brad Wenstrup. He defeated her 49-43 percent.
“It’s time to move on,” Barrett Brunsman, Schmidt’s spokesman, told The Enquirer today about dropping the lawsuit.
The Turkish Coalition of America was among Schmidt’s top contributors, donating $7,500 to her 2010 reelection campaign through its political action committee, and donating $7,600 to her in 2008.
Schmidt also traveled to Turkey at least twice while in office. The coalition picked up the tab for one of the trips.
Politico reported March 12 that Schmidt was in Washington, D.C., on Election Day, March 6, at a private luncheon with Turkish Ambassador Namik Tan.
“At times, Rep. Jean Schmidt has been closer to Turkish interests than those of her Cincinnati-area constituents,” Politico’s Jonathan Allen wrote. “Never was that proximity problem more telling than on Tuesday, when Republicans denied Schmidt renomination to run for another term.”
When Allen sought comment for the article, Brunsman refused to confirm if the meeting occurred and sent an email that stated, “I think you have lost your way.”
For his part, Krikorian said the experience has taught him that Ohio needs to pass legislation that penalizes lawsuits filed solely to silence critics by burdening them with the cost of a legal defense until they abandon their opposition. Such a tactic is known as a “strategic lawsuit against public participation,” or SLAPP.
“I think the Ohio Legislature should consider passing an anti-SLAPP statue to prevent these kinds of abuses of the legal process,” he said. “This lawsuit was an attempt to intimidate and silence me by Rep. Schmidt and the Turkish lobby.”
Krikorian apparently lost in the March 6 Democratic primary by just 59 votes to William R. Smith, a virtual unknown from Pike County who didn’t campaign, answer questionnaires or grant interviews. A recount is under way and Krikorian has asked for a federal investigation of Victory Ohio Super PAC, which made robo-calls on Smith’s behalf but isn’t registered with the Federal Election Commission.
Krikorian picked up 14 more votes in Hamilton County on provisional ballots once the results were certified. Meanwhile, Clermont County certifies its results on Tuesday.
That didn’t take long.
Less than 48 hours after it was revealed that the Ohio Ethics Commission issued an advisory opinion last year stating Cincinnati City Councilman Chris Bortz shouldn’t take part in decisions about a proposed streetcar project, a formal complaint has been filed with the commission.
A congresswoman's lawsuit against a local businessman and onetime political opponent is featured in an article today on the popular Politico website.
U.S. Rep. Jean Schmidt (R-Miami Township) is suing David Krikorian, who ran as an independent against Schmidt in 2008 for Ohio’s 2nd Congressional District and also unsuccessfully ran in the Democratic primary for the same seat last year. He lost that race to Surya Yalamanchili, a former contestant on a reality TV show who lost the general election to Schmidt by capturing 35 percent of the vote.
West Chester's favorite son — who is now second in line to the presidency — doesn't come off well in the lengthy article by political writer Matt Taibbi, who quotes both named and anonymous sources from both sides of the political aisle who have worked with Boehner over the years.
Hamilton County Democratic Party Chairman Tim Burke is asking for a special meeting of the county's Board of Elections to investigate what he says are false claims made by Steve Chabot and Mike Robison.
Chabot and Robison allegedly have told people that State Rep. Denise Driehaus (D-31st District) has contacted the Board of Elections about switiching her name on the fall ballot from Driehaus to her married surname. The implication is that she is trying to distance herself from her brother, Congressman Steve Driehaus (D-Price Hill), who is in a heated campaign against Chabot.