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Ohio Executes Prisoner with One Drug Injection

By Stephen Kopko

Impunity Watch Reporter, North America

OHIO, United States – Kenneth Biros, a convicted murderer from Ohio, was executed today. Ohio prison officials used only one drug to perform the lethal injection. Normally a three drug cocktail is used to execute those who are condemned to death. It was the first time in the United States that a state has administered the death penalty using only one drug.

Biros was convicted of murdering Tami Engstrom in 1991. After murdering Engstrom, Biros spread her body parts around the Ohio and Pennsylvania area. He was convicted of murder and sentenced to death.  Biros’ death sentence was supposed to be administered in 2007. However, the U.S. Supreme Court delayed his execution to allow him to appeal the use of Ohio’s death penalty procedure. That procedure included injecting three different drugs into the prisoner. He argued that the three drug procedure caused extreme pain which violated the Eighth Amendment. Since Biros’ challenge, Ohio has reformed its death penalty procedure. 

Under Ohio’s new death penalty procedure, one drug is administered to the inmate instead of three. That drug, sodium thiopental, is the same drug that is used to euthanize animals. The new procedure is supposed to be less painful than the previous procedure. Both defense attorneys and injection experts agreed that the new procedure would not cause pain. However, there were concerns that the new procedure would take longer than the three drug procedure. 

Approximately ten minutes after Biros was injected with the drug, he passed away. Prison officials stated that they had two other drugs on standby in case the new procedure did not work. It was the first time that a state has used one drug to administer an execution. Before injecting the drug, prison officials struggled to find a vein in which to inject the drug. It took the officials thirty minutes to find a usable vein. 

Before the execution, Biros argued that his execution should be stayed on many different grounds. First, he argued that Ohio has not fixed its death penalty procedure that resulted in the stay of execution of Romell Broom. Prison officials eventually stopped the execution of Broom after two hours because they could not find a vein to inject the drugs. Broom’s execution was delayed by the governor of Ohio. Also, Biros argued that the new one drug procedure was untested and amounted to human experimentation. He argued that the new drug can wear off too quickly and prisoners could wake up and feel pain as the procedure progresses. Finally, Biros questioned the competency of Ohio’s executioners. 

The Supreme Court denied Biros’ request for a stay this morning. Previously, the Sixth Circuit Court of Appeals rejected Biros’ arguments for a stay. Currently, thirty-six states allow for the death penalty to be administered as a sentence. Thirty-five of those states use the three drug procedure.

For more information, please see:

CNN – Ohio Executes Inmate Using Single-Drug Method – 8 December 2009

The Guardian – Ohio Becomes the First U.S. State to Execute a Prisoner Using a Single Drug – 8 December 2009

MSNBC – Ohio Executes Killer with One-Drug Injection – 8 December 2009

Revised Olympic Bylaws Still Concern Activists in Toronto

By William Miller

Impunity Watch Reporter, North America

TORONTO, Canada – The Vancouver City Council approved changes to the Olympic bylaws on Thursday, December 3, in response to concerns of civil rights advocates who feared the bylaws would place too heavy a burden on free speech rights. The Council has reduced the impact of the rules considerably. However; many feel the rules are still too restrictive of free speech.

The bylaws are provisions set up by the Vancouver City Council to serve as temporary measures during the Olympic Winter Games to be held there in 2010. The bylaws will make it easier for authorities to curb public disturbances during the games and quickly remove illegal signs. Anti-Olympic and free speech activists however have raised concerns that the temporary changes could be used to curb decent and limit the ability of protestors to convey their message.

Vancouver originally passed the bylaws in July. After public outcry over the provisions the city decided to revisit the rules and change some of the provisions.

One of the revisions has changed restrictions on sign posting so it only applies to commercial signs designed to capitalize on the game illegally. Originally, the rule applied to all signs and would have made it easy for police to remove any sign in a few days, a task which could take a month to accomplish under the city ordinances. Activists feared that this would be used to remove any signs used by protestors during the games.

The revised provision will have no effect on any protestor materials. Any signs used by protestors can only be removed under the city ordinance. As a result any protestor sign sought to be removed would remain up until after the games had ended.

Other provisions which had generated concern still remain in place. A ban on megaphones and noisemakers in designated Olympic areas remains unchanged and a ban on creating public disturbances was changed slightly to read to a ban on unreasonably interfering with the ability of others to enjoy the games.

City Manager Penny Ballem said “If somebody is creating a huge disturbance or disrupting entertainment or disturbing people who are there to enjoy the legitimate activities that we put into place, then we would have the ability, as you would in any other public place, to ask them to leave and if they persist to actually be able to remove them from the property.” The Royal Canadian Mounted Police and local police have both said that they will not use the bylaws to target protesters.

The failure to revise these provisions continues to generate concern among activist. David Eby of the B.C. Civil Liberties Association raised concerns at the City Council meeting  that criminal codes are already in place to deal with public disturbances and the new bylaws are unnecessary.

Two groups have previously filed lawsuits over the restrictions posed in July. Eby said that the new rules have addressed most of the issues raised in the complaint but did not say if the lawsuit would be dropped.

For more information, please see:

Xtra.ca – Vancouver City Council Somwhat Relaxes Olympic Security Bylaws – 4 December 2009

Canadian press – Vancouver Passes Bylaws Critics Say Will Limit Speech During 2010 Olympic games – 3 December 2009

Metro  News – Vancouver Passes Bylaws Critics Say Will Limit Speech During 2010 Olympics – 3 December 2009

U.S. Immigration Agency Denies Basic Rights

By Brenda Lopez Romero
Impunity Watch Reporter, North America

 

WASHINGTON, D.C. – A Human Rights Watch report reviewed the Immigration and Customs Enforcement (ICE) agency practices and determined that the detention and transfer of non-citizens in the immigration detention system denied basic rights to non-citizens. It also concluded that both legal and unauthorized non-citizens are held unnecessarily. The report illustrated that some detainees from Philadelphia and Los Angeles are being transferred to Texas or Louisiana.

The information in the report was obtained under the Freedom of Information Act and analyzed by the Transactional Records Access Clearinghouse (TRAC) of Syracuse University. Alison Parker, director for the U.S. Human Rights Watch chapter, said “ICE is increasingly subjecting detainees to a chaotic game of musical chairs, and it’s a game with dire consequences.” The transfers seem to have at least some purpose as data indicate that the Federal Court of Appeals for the Fifth Circuit (Louisiana, Mississippi and Texas) is receiving the most transfers and it is also the jurisdiction that is most adverse to the non-citizen rights, has the lowest numbers of immigration lawyers, and has the most conservative judges.  

In a separate investigation, the Inspector General of the Department of Homeland Security found that the transfers of detainees are haphazard, detainees are not offered notice of their charges, and are not being released even when they was been granted bond. The Inspector reported that these inappropriate transfers result in lack of access to legal counsel and evidence, add time to the detention, and cause “errors, delays and confusion for detainees, their families, legal representatives,” and the immigration courts. Moreover, the Inspector found that since 2003, detentions have more than doubled to over 442,000 people a year.

The Constitution Project, a bipartisan group, also called for broad changes in the immigration law to include access to appointed counsel particularly for unaccompanied minors. This move would add more constitutional safeguards similar to the criminal justice system, significantly reducing the burden of proof, and allow permanent legal residents to file a waiver of mandatory detention. Mr. Asa Hutchinson, Chair of the Constitution Project, defended the recommendation, because none “made should in any way compromise national security … It simply allows for a more humane and more efficient system.”

For more information, please see:

The Chronicle – Agency, advocates assail ICE on detainee transfers – 3 December 2009

The New York Times – Immigration Detention System Lapses Detailed – 3 December 2009

The Washington Independent – Immigrant Detention Doubles Since 1999 – 2

New York State Senate Votes Against Same-Sex Marriage

By Stephen Kopko

Impunity Watch Reporter, North America

NEW YORK, United States – On Wednesday, the New York State Senate defeated legislation that would allow homosexuals to marry. The decisive defeat of the legislation ensures that the issue will not come up again until after the 2011 election when a new state legislature is elected.

After its passage in the New York Assembly, and with the approval of Governor David Paterson, the bill reached the State Senate. Supporters of the legislation hoped that they could garner enough votes to legalize same-sex marriage. However, the bill was defeated by a vote of thirty-eight to twenty-four. The vote was along party lines. All thirty Republican senators voted against the legislation. Those senators who were considered politically vulnerable also voted against the bill. The bill garnered most support from the senators representing New York City and Westchester County.

Supporters of the legislation expressed disappointment after defeat of the legislation. They believed that the bill had a good chance of being passed. The sponsor of the legislation, Senator Thomas Duane, felt betrayed in defeat. Senator Duane is New York’s first openly gay legislator. Governor Paterson and Mayor Michael Bloomberg also expressed their disappointment in the defeat of the bill. State Senator Kevin S. Parker stated that “this is the worst example of political cowardice I’ve ever seen.”  

The reason why so many supporters believed that the bill could be passed and felt betrayed in defeat was the actions taken by some conservative members who promised their support before the vote. Many of the previous supporters switched their votes on the floor of the Senate when they saw that bill would not overwhelmingly pass. 

The opposition to the legislation was led by Senator Reuben Diaz, a conservative minister. Senator Diaz was the only senator opposing the bill to speak in debate on the legislation. Deputy Republican leader, Senator Tom Libous, believed that the issues surrounding the economy affected the vote.

Seven states have legalized same sex marriage since 2003. If New York passed the legislation, it would have become the eighth state. However, two of those states, California and Maine have rescinded their same-sex marriage laws. 

For more information, please see:

AP – Gay-Marriage Opponents Welcome NY Bill’s Defeat – 3 December 2009

Huffington Post – New York State Senate Votes Down Gay Marriage – 2 December 2009

NY Times – New York Senate Rejects Gay Marriage Bill – 2 December 2009

Witness Dies While in Mexico’s Witness Protection Program

By Brenda Lopez Romero
Impunity Watch Reporter, North America

MEXICO, D.F. – A protected witness was murdered by gun shots in a Starbucks in the Del Valle subdivision, south of Mexico City. Édgar Enrique Bayardo del Villar was former chief of the Federal Police and accused of working with the drug cartel Ismael “El Mayo” Zambada. The prosecutor offered Bayardo del Villar witness protection in exchange for his testimony against the cartel. 

Bayardo del Villar had been a long time officer and after his arrest for bribery, he turned into a protected witness, with the alias “Tigre,” and a monthly salary of 50 mil pesos (approximately $5,000 U.S.D.). He formed part of the Clean Operation in 2008, one of the biggest political corruption scandals of the year. Bayardo del Villar was the lead witness against the Interim Commissioner, Gerardo Garay Cadena, of the Federal Police.

The Starbucks employees indicated that two men dressed in suits entered the location and one pulled out an automatic weapon and shot Bayardo del Villar. Then, they ran out towards a vehicle.

The District Attorney’s Office stated there is a full investigation into witnesses’ being murdered. They have reviewed the Starbucks surveillance cameras and are working with the Public Transportation System, because they believe that the assassins may have used the subway stations of the North Division and Zapata after they abandoned their green Isuzu vehicle. They have provided the public with sketches of the perpetrators.

The bodyguard, José Luis Castillo, is in the hospital in critical condition.

This is the second time in the last couple of days the State’s District Attorney’s Office has failed to protect its witnesses and have resulted in their deaths. Both witnesses had some connection to investigations into drug cartels in Sinaloa headed by “El Mayo.” On November 21, Jesús Zambada Reyes allegedly committed suicide while under witness protection.

For more information, please see:
Diario de Yucatán – Matan a testigo protegido – 2 December 2009

El Porvenir – Ejecutan en DF a testigo protegido – 2 December 2009

El Universal – Ser testigos de El Mayo los llevo a la muerte – 2 December 2009