KRIS_NC
01-09-2004, 09:08 PM
Friday, January 9, 2004 12:00AM EST
Rowsey is put to death
Easley denies clemency after high court lifts stay
By MATTHEW EISLEY AND CATHERINE CLABBY, Staff Writers
Convicted murderer Raymond Dayle Rowsey was put to death early today, hours after the U.S. Supreme Court lifted a judge's stay of his execution. The ruling ended a week of litigation over the legality of North Carolina's method of lethal injection.
executions in n.c.
PUBLIC HANGINGS, common back to Colonial America.
ELECTRIC CHAIR, used from 1910, when state assumed power to execute criminals, to 1938.
First person put to death by electrocution: Walter Morrison, convicted of rape in Robeson County, on March 18, 1910.
Last person executed by electrocution: Wiley Brice, convicted of murder in Alamance County, on July 1, 1938.
GAS CHAMBER, used from 1936 to 1998.
First person executed with lethal gas: Allen Foster, convicted of murder in Hoke County, on Jan. 24, 1936.
Last person executed with lethal gas: Ricky Lee Sanderson, left, convicted of murder in Iredell County, on Jan. 30, 1998.
LETHAL INJECTION, used since 1984. Inmates given the option of gas or injection in 1983. Since 1998, it has been North Carolina's only execution method.
First person put to death by lethal injection: James Hutchins, left, convicted of murder in McDowell County, on March 16, 1984.
(N.C. DEPARTMENT OF CORRECTION)
Gov. Mike Easley denied Rowsey's clemency request late Thursday, clearing the way for his execution minutes after 2 a.m. at Central Prison in Raleigh. Rowsey, 32, was sentenced to die for the 1992 shooting death of Burlington convenience store clerk Howard Sikorski.
The Supreme Court's order, issued about 7:50 p.m. Thursday by a 5-4 vote, did not address the substance of a federal lawsuit that Rowsey and three other death row inmates filed Jan. 2.
The lawsuit argued that North Carolina's method of lethal injection risks killing people while they're awake, so it's cruel and unusual punishment, which is unconstitutional.
In 1998, the state made lethal injection its only form of execution -- eliminating lethal gas as an option -- because it was considered more humane than the gas chamber, the electric chair and other methods.
Rowsey's lawsuit was part of a national surge in scrutiny of how states execute convicted murderers. It involves medical science and legal ethics and, ultimately, the question of whether any form of capital punishment is adequately humane.
No court has ruled on the merits of the criticism of North Carolina's lethal-injection method. Inmates are likely to continue raising the same objection to the execution drugs. Similar lawsuits are under way in Virginia, Texas, Tennessee and Ohio.
U.S. District Judge Terrence Boyle ordered the state Wednesday not to execute Rowsey while federal courts decided whether they could consider the lawsuit.
The 4th U.S. Circuit Court of Appeals in Richmond, Va., which has jurisdiction over North Carolina, left the stay in place Thursday afternoon. It also put Rowsey's case on hold, pending the outcome of another case like it from Alabama that awaits action in the Supreme Court.
But the state appealed immediately to the Supreme Court, which overruled Boyle and the 4th Circuit. Voting to lift the stay were Chief Justice William Rehnquist and Justices Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy and Clarence Thomas. Voting to leave the stay intact were Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer.
The legal issue was whether lawsuits like Rowsey's constitute a repetitive appeal of the death sentence, which federal law prohibits; or a different kind of legal challenge, alleging a government violation of a constitutional right, that can go forward.
The state's lawyers argued to the Supreme Court that a stay for Rowsey "would have the predictable effect of causing every death row inmate in a lethal-injection state to file similar frivolous lawsuits in an attempt to bring about a de facto moratorium on the death penalty."
Execution method
During the day Thursday, Rowsey visited with his lawyers and relatives, The Associated Press reported. He was able to hold his 11-year-old daughter for the first time since he entered prison. On previous visits, prison bars and glass separated them.
Pamela Walker, a Correction Department spokeswoman, said Rowsey ate a last meal of pizza, chicken wings, two packages of peanut M&M candy and a Pepsi.
North Carolina, like most states with the death penalty, uses a combination of three drugs to execute convicted murderers. One puts the inmate to sleep, the second stops the heart, and the third stops the inmate's breathing by paralyzing his muscles.
Executioners administer double doses of the anesthetic and the heart-stopper, for a total of five injections, one after the other, in IV lines of saline in each arm.
The inmate, who has been strapped to a gurney in the execution chamber, is checked for vital signs and declared dead five minutes after his heart stops.
But the inmates' lawyers say the anesthetic could wear off before the drugs that stop the heart and lungs cause death. The dying inmate could wake up in intense pain but paralyzed and unable to communicate his distress or even open his eyes, they say.
Lawyers for the state said that is baseless speculation.
"There is no credible argument that lethal injection is cruel or unusual punishment," Steven Arbogast, a special deputy attorney general, wrote in the state's filing with the Supreme Court.
The "massive dosage" of the drugs involved, including enough of each of the heart-stopper and the lung-stopper to kill someone, ensures that the method works as intended, the filing said.
A deadly cocktail
The drugs used in executions were developed for medical use. The American Society of Anesthesiologists and the American Medical Association oppose doctors participating in executions.
The executioners at Central Prison are not doctors. Critics question whether they have adequate expertise to prepare or administer correct doses.
The muscle relaxer pancuronium bromide, critics charge, might mask intense pain experienced by inmates who are conscious. Too little research into the effects of the drug combinations has been pursued, they say.
In an affidavit in a similar lawsuit in Ohio, Dr. Mark Heath, a Columbia University assistant professor of anesthesiology, spelled it out more dramatically. "If the inmate is not first successfully anesthetized, then it is my opinion ... that the pancuronium will paralyze all voluntary muscles and mask external, physical indications of excruciating pain" caused partly by the heart-stopper, he said.
The trouble is, no one knows. Rowsey's lawyers argued that inmates' pain could go undetected, while also arguing that several inmates in recent years have appeared to struggle as they died.
John Booth, a Duke University assistant professor of anesthesiology, said that given the high doses that North Carolina prison officials say they use, it is quite unlikely that death row inmates feel pain during executions.
"It's extremely likely that they would die before feeling anything," Booth said.
Death-penalty debate
The issue of the state's method of lethal injection has arisen as state lawmakers are considering a two-year moratorium on executions while they study alleged flaws in the state's death penalty system. The state Senate approved the moratorium last year. The House of Representatives could vote on it this year.
Easley, a former prosecutor and former attorney general and a supporter of the death penalty, has refused to say whether he would veto a moratorium bill.
Rowsey had asked Easley to convert his sentence to life in prison without parole, on the grounds that he suffered abuse during childhood and that one of his trial jurors voted for the death penalty under pressure and meant to vote against it. Easley would not meet with the juror.
Alamance County District Attorney Rob Johnson had urged Easley to let Rowsey's execution go forward. Sikorski's murder -- with three shots to the head, and three while he was on the floor -- was particularly brutal, he said.
"I don't think that we ought to forget about the victim," he said.
Easley denied Rowsey clemency shortly before midnight, and Rowsey prepared to die.
Staff writer Matthew Eisley can be reached at 829-4538 or meisley@newsobserver.com.
THIS IS RIDICULOUS.HOW MANY MORE IS GOV.EASLEY GONNA MURDER BEFORE REELECTION
Rowsey is put to death
Easley denies clemency after high court lifts stay
By MATTHEW EISLEY AND CATHERINE CLABBY, Staff Writers
Convicted murderer Raymond Dayle Rowsey was put to death early today, hours after the U.S. Supreme Court lifted a judge's stay of his execution. The ruling ended a week of litigation over the legality of North Carolina's method of lethal injection.
executions in n.c.
PUBLIC HANGINGS, common back to Colonial America.
ELECTRIC CHAIR, used from 1910, when state assumed power to execute criminals, to 1938.
First person put to death by electrocution: Walter Morrison, convicted of rape in Robeson County, on March 18, 1910.
Last person executed by electrocution: Wiley Brice, convicted of murder in Alamance County, on July 1, 1938.
GAS CHAMBER, used from 1936 to 1998.
First person executed with lethal gas: Allen Foster, convicted of murder in Hoke County, on Jan. 24, 1936.
Last person executed with lethal gas: Ricky Lee Sanderson, left, convicted of murder in Iredell County, on Jan. 30, 1998.
LETHAL INJECTION, used since 1984. Inmates given the option of gas or injection in 1983. Since 1998, it has been North Carolina's only execution method.
First person put to death by lethal injection: James Hutchins, left, convicted of murder in McDowell County, on March 16, 1984.
(N.C. DEPARTMENT OF CORRECTION)
Gov. Mike Easley denied Rowsey's clemency request late Thursday, clearing the way for his execution minutes after 2 a.m. at Central Prison in Raleigh. Rowsey, 32, was sentenced to die for the 1992 shooting death of Burlington convenience store clerk Howard Sikorski.
The Supreme Court's order, issued about 7:50 p.m. Thursday by a 5-4 vote, did not address the substance of a federal lawsuit that Rowsey and three other death row inmates filed Jan. 2.
The lawsuit argued that North Carolina's method of lethal injection risks killing people while they're awake, so it's cruel and unusual punishment, which is unconstitutional.
In 1998, the state made lethal injection its only form of execution -- eliminating lethal gas as an option -- because it was considered more humane than the gas chamber, the electric chair and other methods.
Rowsey's lawsuit was part of a national surge in scrutiny of how states execute convicted murderers. It involves medical science and legal ethics and, ultimately, the question of whether any form of capital punishment is adequately humane.
No court has ruled on the merits of the criticism of North Carolina's lethal-injection method. Inmates are likely to continue raising the same objection to the execution drugs. Similar lawsuits are under way in Virginia, Texas, Tennessee and Ohio.
U.S. District Judge Terrence Boyle ordered the state Wednesday not to execute Rowsey while federal courts decided whether they could consider the lawsuit.
The 4th U.S. Circuit Court of Appeals in Richmond, Va., which has jurisdiction over North Carolina, left the stay in place Thursday afternoon. It also put Rowsey's case on hold, pending the outcome of another case like it from Alabama that awaits action in the Supreme Court.
But the state appealed immediately to the Supreme Court, which overruled Boyle and the 4th Circuit. Voting to lift the stay were Chief Justice William Rehnquist and Justices Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy and Clarence Thomas. Voting to leave the stay intact were Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer.
The legal issue was whether lawsuits like Rowsey's constitute a repetitive appeal of the death sentence, which federal law prohibits; or a different kind of legal challenge, alleging a government violation of a constitutional right, that can go forward.
The state's lawyers argued to the Supreme Court that a stay for Rowsey "would have the predictable effect of causing every death row inmate in a lethal-injection state to file similar frivolous lawsuits in an attempt to bring about a de facto moratorium on the death penalty."
Execution method
During the day Thursday, Rowsey visited with his lawyers and relatives, The Associated Press reported. He was able to hold his 11-year-old daughter for the first time since he entered prison. On previous visits, prison bars and glass separated them.
Pamela Walker, a Correction Department spokeswoman, said Rowsey ate a last meal of pizza, chicken wings, two packages of peanut M&M candy and a Pepsi.
North Carolina, like most states with the death penalty, uses a combination of three drugs to execute convicted murderers. One puts the inmate to sleep, the second stops the heart, and the third stops the inmate's breathing by paralyzing his muscles.
Executioners administer double doses of the anesthetic and the heart-stopper, for a total of five injections, one after the other, in IV lines of saline in each arm.
The inmate, who has been strapped to a gurney in the execution chamber, is checked for vital signs and declared dead five minutes after his heart stops.
But the inmates' lawyers say the anesthetic could wear off before the drugs that stop the heart and lungs cause death. The dying inmate could wake up in intense pain but paralyzed and unable to communicate his distress or even open his eyes, they say.
Lawyers for the state said that is baseless speculation.
"There is no credible argument that lethal injection is cruel or unusual punishment," Steven Arbogast, a special deputy attorney general, wrote in the state's filing with the Supreme Court.
The "massive dosage" of the drugs involved, including enough of each of the heart-stopper and the lung-stopper to kill someone, ensures that the method works as intended, the filing said.
A deadly cocktail
The drugs used in executions were developed for medical use. The American Society of Anesthesiologists and the American Medical Association oppose doctors participating in executions.
The executioners at Central Prison are not doctors. Critics question whether they have adequate expertise to prepare or administer correct doses.
The muscle relaxer pancuronium bromide, critics charge, might mask intense pain experienced by inmates who are conscious. Too little research into the effects of the drug combinations has been pursued, they say.
In an affidavit in a similar lawsuit in Ohio, Dr. Mark Heath, a Columbia University assistant professor of anesthesiology, spelled it out more dramatically. "If the inmate is not first successfully anesthetized, then it is my opinion ... that the pancuronium will paralyze all voluntary muscles and mask external, physical indications of excruciating pain" caused partly by the heart-stopper, he said.
The trouble is, no one knows. Rowsey's lawyers argued that inmates' pain could go undetected, while also arguing that several inmates in recent years have appeared to struggle as they died.
John Booth, a Duke University assistant professor of anesthesiology, said that given the high doses that North Carolina prison officials say they use, it is quite unlikely that death row inmates feel pain during executions.
"It's extremely likely that they would die before feeling anything," Booth said.
Death-penalty debate
The issue of the state's method of lethal injection has arisen as state lawmakers are considering a two-year moratorium on executions while they study alleged flaws in the state's death penalty system. The state Senate approved the moratorium last year. The House of Representatives could vote on it this year.
Easley, a former prosecutor and former attorney general and a supporter of the death penalty, has refused to say whether he would veto a moratorium bill.
Rowsey had asked Easley to convert his sentence to life in prison without parole, on the grounds that he suffered abuse during childhood and that one of his trial jurors voted for the death penalty under pressure and meant to vote against it. Easley would not meet with the juror.
Alamance County District Attorney Rob Johnson had urged Easley to let Rowsey's execution go forward. Sikorski's murder -- with three shots to the head, and three while he was on the floor -- was particularly brutal, he said.
"I don't think that we ought to forget about the victim," he said.
Easley denied Rowsey clemency shortly before midnight, and Rowsey prepared to die.
Staff writer Matthew Eisley can be reached at 829-4538 or meisley@newsobserver.com.
THIS IS RIDICULOUS.HOW MANY MORE IS GOV.EASLEY GONNA MURDER BEFORE REELECTION