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Family alleges Ohio execution unconstitutional
Fox News ^ | Jan 25, 2013

Posted on 01/25/2014 6:51:51 AM PST by KeyLargo

Family alleges Ohio execution unconstitutional January 25, 2014

AP

COLUMBUS, Ohio – The prolonged execution of an Ohio inmate during which he repeatedly gasped and snorted amounted to cruel and unusual punishment which should not be allowed to happen again, the inmate's family said in a federal lawsuit.

The lawsuit, filed late Friday, also alleges the drug maker that produced the medications illegally allowed them to be used for an execution and should be prohibited from making them available for capital punishment.

McGuire "repeated cycles of snorting, gurgling and arching his back, appearing to writhe in pain," the lawsuit said. "It looked and sounded as though he was suffocating."

McGuire's execution lasted 26 minutes, the longest since the state resumed putting inmates to death in 1999, according to an Associated Press analysis of all 53 execution logs maintained by the Department of Rehabilitation and Correction.

It remains unclear what McGuire experienced. The AP observed him appearing to fall unconscious and remaining so while he snorted, gasped and opened and shut his mouth repeatedly.

McGuire's execution, during which his adult children sobbed in dismay, has led to several calls for a moratorium on capital punishment in the state.

In addition, a separate federal lawsuit filed Thursday seeks to stop the March execution of a northeast Ohio killer on the grounds that condemned inmates could be clinically alive for as long as 45 minutes after a time of death is announced in the state death chamber.

Attorneys for Gregory Lott, who is scheduled to die March 19 for setting an East Cleveland man on fire in 1986 and leaving him to die, also say Ohio is breaking state and federal law by using the drugs without a prescription.

The lawsuit by McGuire's family targets Lake Forest, Ill.-based Hospira Inc.,

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Ohio
KEYWORDS: capitalpunishment; execution; lethalinjection; murderer
It appears that FOX is now joining the MSM in being against Capital Punishment. No mention in the report about the crime that the scumbag committed. I had to search for the information found here:

Don’t forget victim in Ohio execution

By STEVE HUNTLEY January 20, 2014

Dennis McGuire holds a tissue while announcing a planned lawsuit against the state over the unusually slow execution of his father, also named Dennis McGuire, at a news conference Friday, in Dayton, Ohio. (AP Photo/Kantele Franko)

Updated: January 21, 2014

Quite a bit of outrage is being heard over what’s described as Ohio’s lengthy, cruel execution of Dennis McGuire. As is usual in news coverage of death penalty controversies, the real victim — the person murdered by the criminal — is often mentioned in passing with only a generic description of how she came to die. So let’s take a moment to recall the last day on Earth of McGuire’s victim, Joy Stewart.

Joy Stewart, 22, was nearly eight months pregnant when she encountered McGuire in Preble County, Ohio, while visiting a friend on Feb. 11, 1989. McGuire would first blame her kidnapping and murder on his brother-in-law. Authorities took his words seriously because he knew things about the crime that had not been made public, such as the anal rape of the victim, and he led them to the murder weapon, a knife, hidden in a farm hayloft. But McGuire’s accusation didn’t hold up and DNA evidence excluded the brother-in-law but implicated McGuire.

McGuire sought sex from Joy Stewart but she refused and he raped her. According to court documents, McGuire said that “because she was so pregnant it was difficult to engage in sex with her, so he anally sodomized her. Joy then became ‘hysterical,’ which made McGuire nervous. He ended up killing Joy for fear that he would go to jail for raping a pregnant woman.”

He choked her. Then he stabbed her with the knife he used to forcibly rape her. His first thrust “caused no significant injury,” according to the autopsy report. His second blow inflicted a 4½-inch cut in her throat and severed her carotid artery and jugular vein. He wiped blood off his hands on her right arm and dumped her in a wooded area where she was found the next day by hikers.

Sometime between her death and when her body was found, her unborn baby died. Her grave marker indicates she intended to name her baby Carl, according to the Columbus Dispatch. Her husband Kenny committed suicide within a year after her murder, reports the newspaper. Joy’s sister, Carol Avery, said their parents were devastated: “They never fully recovered and both died knowing that her killer still lived.”..

Via: http://www.suntimes.com/news/huntley/25073876-452/dont-forget-victim-in-ohio-execution.html

1 posted on 01/25/2014 6:51:51 AM PST by KeyLargo
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To: KeyLargo

Ohio murderer Dennis McGuire

Joy Stewart murdered by Dennis McGuire

2 posted on 01/25/2014 6:56:07 AM PST by KeyLargo
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To: KeyLargo

Thank you for giving the background on the real victim. All too often the real victims are long forgotten by the circus media.


3 posted on 01/25/2014 6:58:47 AM PST by csvset
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To: KeyLargo

Hold on...

I thought nobody was there for him amongst the witnesses when he died...

no family friends at all..

Just the victims family plus officials watched...


4 posted on 01/25/2014 6:59:45 AM PST by Tennessee Nana
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To: KeyLargo
Family alleges Ohio execution unconstitutional

Yes, they should have:

1) Given him a speedy trial like they did when the Constitution was written.

2) Executed him, the same way they did when the Constitution was written.

5 posted on 01/25/2014 7:02:23 AM PST by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves" Month.)
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To: KeyLargo

This poor woman went through agony before taking her last breathe. Her baby went through agony before dying in her womb. Her husband committed suicide a year later.. a year of total agony for him. So.... I’m suppose to feel what for the criminal? Sadness or anger that he choked a little for 45 minutes before taking his last breathe?! What I feel is sadness for the victim’s parents/family/friends... who lost 3 people to this one person. I won’t say any more...


6 posted on 01/25/2014 7:04:11 AM PST by momtothree
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To: KeyLargo

Maybe the victim’s family could choose the form of punishment including firing squad. The punishment should at least be equal or greater than the crime.


7 posted on 01/25/2014 7:04:21 AM PST by mountainlion (Live well for those that did not make it back.)
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To: KeyLargo
Family alleges Ohio execution unconstitutional

He slaughtered Joy Stewart and her baby 25 years ago !!!!

What do they want?

Tea and crumpets before the execution?

McGuire "repeated cycles of snorting, gurgling and arching his back, appearing to writhe in pain," the lawsuit said. "It looked and sounded as though he was suffocating."

No mention of pregnent Joy Stewart's "snorting, gurgling and arching" her back as McGuire raped her, sodomized her, choked her, and finally slit her throat.


8 posted on 01/25/2014 7:04:22 AM PST by Iron Munro ("Sooner or later everyone sits down to a banquet of consequences." - Robert Louis Stevenson)
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To: KeyLargo

While I toy with the idea of taking seriously the old Byzantine attitude that mutilation (usually blinding, though in the present case, removal of some other body parts in addition might have been warranted) should be substituted for execution, as it gives the miscreant a greater chance to repent of his sins, I am mystified why drastic overdoses of opiates are not used for executions. Surely we should be able to estimate the LD100 for morphine for any given body weight, accounting for any tolerance built up in the case of opiate addicts, double the amount, and administer this as the means of execution to give a genuinely painless, even blissful, death to those found guilty of crimes warranting execution.


9 posted on 01/25/2014 7:05:05 AM PST by The_Reader_David (And when they behead your own people in the wars which are to come, then you will know...)
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To: KeyLargo

Your daddy cruelly raped and murdered a pregnant woman. He could have been choked and stabbed, too....he should count himself lucky he fell into unconsciousness and died within minutes. Your tears mean little, think about the husband and father who committed suicide missing his wife and baby.

Not one red cent for this murder’s family. Not one.


10 posted on 01/25/2014 7:05:27 AM PST by tioga (Wise men still seek Him.)
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To: KeyLargo

If only the family could also be executed.


11 posted on 01/25/2014 7:07:05 AM PST by Doc Savage ("I've shot people I like a lot more,...for a lot less!" Raylan Givins)
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To: The_Reader_David
painless, even blissful, death to those found guilty of crimes warranting execution.

Why the hell would you want to do that?

12 posted on 01/25/2014 7:08:43 AM PST by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves" Month.)
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To: mountainlion
Maybe the victim’s family could choose the form of punishment including firing squad.

A firing squad is too respectful and romantic. Seriously.

Hang him.

13 posted on 01/25/2014 7:09:34 AM PST by Balding_Eagle (Over production, one of the top 5 worries for the American Farmer every year.)
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To: KeyLargo
he snorted, gasped and opened and shut his mouth repeatedly.

There's nothing here that couldn't be cured by a large-caliber projectile being introduced into the brainstem at high speed. Let's cut all this pretense of humane execution and get the job done as quickly and dispassionately as possible. Then feed his body to the hogs and erase his name from history forever.

14 posted on 01/25/2014 7:12:07 AM PST by IronJack
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To: tioga

Typical leftists and FOX news is in bed with them. I remember a certain talk show host “BO” make that statement years ago. Let one of their own get brutally raped and murdered, I think they would sing a different toon. As for that piece of crap that committed this crime sorry about his luck.


15 posted on 01/25/2014 7:13:06 AM PST by Busko (The only thing that is certain is that nothing is certain.)
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To: Iron Munro

He slaughtered Joy Stewart and her baby 25 years ago !!!!

$$$$$$$$$$$$$$$$$$$$

So they waited 25 YEARS to execute him?

How about 25 DAYS?


16 posted on 01/25/2014 7:14:27 AM PST by Eccl 10:2 (Prov 3:5 --- "Trust in the Lord with all your heart and lean not on your own understanding")
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To: ROCKLOBSTER

Why? No chance of it being considered cruel and unusual. Remember we’re talking about folks who (unless you take the Byzantine position) “need killin’” as they say in Texas. So long as we have anything like the case law we currently have, making sure they die painlessly is the only way to be sure they get what they need in anything like an timely manner.


17 posted on 01/25/2014 7:14:37 AM PST by The_Reader_David (And when they behead your own people in the wars which are to come, then you will know...)
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To: KeyLargo

NEXT!


18 posted on 01/25/2014 7:21:34 AM PST by onedoug
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To: KeyLargo
McGuire "repeated cycles of snorting, gurgling and arching his back, appearing to writhe in pain,"

Finally the states are getting it right!!!

19 posted on 01/25/2014 7:21:47 AM PST by ontap
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To: The_Reader_David
Or a bullet to the head!!
20 posted on 01/25/2014 7:23:56 AM PST by ontap
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To: The_Reader_David
Why? No chance of it being considered cruel and unusual

Of course there is...they're dead aren't they? That's cruel because they were killed, and unusual because they were alive...now they're dead.

After pronouncing the death sentence, simply release them into natural law. Let the friends and family members get things right.

21 posted on 01/25/2014 7:29:42 AM PST by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves" Month.)
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To: momtothree

Read complete description of the murder here:

Scroll down to fourth narrative on the webpage.

http://www.prodeathpenalty.com/pending/99/apr99.html


22 posted on 01/25/2014 7:30:31 AM PST by KeyLargo
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To: KeyLargo

Too much sympathy for the murderer and not enough for the victim.


23 posted on 01/25/2014 7:43:03 AM PST by I want the USA back (Media: completely irresponsible traitors. Complicit in the destruction of our country.)
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To: Doc Savage

I am with you there. That is how little compassion I have for this man removal from society. He was vicious in murdering the woman. Maybe there ought to be a rude protest in front of Little Lord Fauntleroy’s house.


24 posted on 01/25/2014 7:43:04 AM PST by healy61
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To: KeyLargo

Easy solution. Give Dennis 24 hours to respond. If we hear nothing from him then let’s just move on.


25 posted on 01/25/2014 7:48:20 AM PST by rfreedom4u (Your feelings don't trump my free speech!)
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To: KeyLargo

The left LOVES when animal shelters put down strays.

Why doesn’t the state just use the same chemicals that the left approves of for that?


26 posted on 01/25/2014 7:49:08 AM PST by TexasFreeper2009 (Obama lied .. the economy died.)
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To: Balding_Eagle

Dragging would be appropriate.


27 posted on 01/25/2014 8:00:24 AM PST by SgtHooper (If at first you don't succeed, skydiving is not for you.)
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To: KeyLargo

This is from the despicable Asspress. In the seventies liberal courts released murderers of all kinds and refused to punish violent offenders.

The libs have always loved brutal murderers while looking down from way up in their ivory towers, because these human beasts kill a lot of people who disagree with liberals, and they also help with population control. The libs are insulated from them of course.


28 posted on 01/25/2014 8:26:41 AM PST by Luke21
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To: KeyLargo

“repeated cycles of snorting, gurgling and arching his back, appearing to writhe in pain,”

As TUCO said...”You can feel the devil bite your a$$!”


29 posted on 01/25/2014 8:37:15 AM PST by Ruy Dias de Bivar (Sometimes you need 7+ more ammo. LOTS MORE.)
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To: IronJack
There's nothing here that couldn't be cured by a large-caliber projectile being introduced into the brainstem at high speed.

Yes, a lethal injection of lead into the brain is ideal.

On the medical angle, I can't figure out why they can't just take these guys to a vet. I took a friend's pet to get put down. They gave it a shot and 10 seconds later the thing was gone. It never even twitched.

What's all the fuss with humans?

30 posted on 01/25/2014 9:40:41 AM PST by Right Wing Assault
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To: KeyLargo

By the time his body reacted to the overdose of meds, he was already brain dead. His flesh wasn’t rotten yet, but his mind and spirit were.

Honestly...don’t belive the news report. Run a google search..or any other internet search engine for that matter, and look up the drugs used, the time it takes to get them into the system, and how they act.

What he experienced was all normal.

The truth of the matter is, most people have never seen death in real life, but only on movies so their perceptions are based on false information.

The man didn’t suffer, unfortunately.


31 posted on 01/25/2014 9:59:42 AM PST by PrairieLady2
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To: KeyLargo

Warm up Old Sparky and fry the maggot.


32 posted on 01/25/2014 10:00:01 AM PST by SVTCobra03 (You can never have enough friends, horsepower or ammunition.)
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To: mountainlion
Hanging remains the quickest and most efficient method.The perpetrator can donate their body parts and at least make some recompense fo their crimes.

The use of drugs contaminates the lungs,heart,kidneys,and liver making it impossible to transplant.

Pierrepoint interview

Britains Last Hangman

33 posted on 01/25/2014 11:19:22 AM PST by managusta (The first sign of maturity is the discovery that the volume knob also turns to the left.)
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To: managusta

“Hanging remains the quickest and most efficient method.The perpetrator can donate their body parts and at least make some recompense fo their crimes.

The use of drugs contaminates the lungs,heart,kidneys,and liver making it impossible to transplant.”

Yes, but who would want organs from a killer anyway?

Might be bad ju ju.

Anyway I would recommend organ removal from killers prior to execution to remedy that. :)


34 posted on 01/25/2014 12:22:00 PM PST by KeyLargo
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To: SVTCobra03

Supreme Court sets execution date for Michael Taylor
January 24, 2014 By Mike Lear

The state Supreme Court has set an execution date for Michael Taylor, one of two men who pleaded guilty to the 1989 murder of a 15-year-old girl. The Court has ordered that he be executed February 26.

Taylor and Roderick Nunley both admitted to abducting Ann Harrison from the Kansas City bus stop where she was waiting to go to school. Taylor had raped the girl with Nunley’s help in the basement of Nunley’s mother’s home before fatally stabbing her and abandoning her body in the trunk of a car.

Taylor turns 47 January 30.

http://www.missourinet.com/2014/01/24/supreme-court-sets-execution-date-for-michael-taylor/


35 posted on 01/26/2014 8:18:42 AM PST by KeyLargo
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To: TexasFreeper2009

Lawyer urged inmate to fake suffocation during execution, Ohio prison guards say

Published January 28, 2014

| Associated Press

COLUMBUS, Ohio – An attorney for a condemned Ohio inmate whose slow, gasping execution with a new drug combination renewed questions about the death penalty was temporarily suspended last week while officials investigated whether he had coached the condemned man to fake symptoms of suffocation.

The Office of the Public Defender said Robert Lowe, one of the attorneys representing inmate Dennis McGuire, was back at work Monday after an internal review failed to substantiate the allegation.

State prison records released Monday say McGuire told guards that Lowe counseled him to make a show of his death that would, perhaps, lead to abolition of the death penalty. But three accounts from prison officials indicate McGuire refused to put on a display

http://www.foxnews.com/us/2014/01/28/lawyer-urged-inmate-to-fake-suffocation-during-execution-ohio-prison-guards-say/?intcmp=trending


36 posted on 01/28/2014 7:43:31 AM PST by KeyLargo
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