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Ohio sees country's first use of new lethal injection drug

Thursday, March 10, 2011 | 1:10 p.m. CST

LUCASVILLE, Ohio — Ohio put to death a Toledo store owner's killer Thursday with the country's first use of the surgical sedative pentobarbital as a stand-alone execution drug.

Johnnie Baston was pronounced dead at 10:30 a.m., about 13 minutes after the 5-gram dose of the drug began flowing into his arms. About a minute into the execution, Baston appeared to gasp, grimace and wince, but then he was quickly still.

In a 5-minute final statement, Baston said the governor should have respected the opposition of his victim's family to the death penalty and commuted his sentence to life without parole. Baston also said he made a bad decision and said he hoped both his family and that of his victim could move on. He asked his brothers, both of whom were witnesses, to watch out for his teenage children as they grow up.

"I want you to tell them stories about me," Baston said. "I want them to know the good things about me."

Baston, who grew tearful at times, also said he had hoped he wouldn't cry.

"It's OK. It's OK," said his brother, Ron Baston. "You can cry."

A few minutes later, as the drugs began to flow, Ron Baston stood up and slammed his fist against a wall dividing the viewing area, the noise loud enough to draw the attention of warden Donald Morgan on the other side of the viewing glass.

"Easy, sir," a prison guard said.

Such a physical outburst is unprecedented in Ohio's 40-plus executions.

"We'll clear his name," Richard Baston said as he comforted his brother. "We'll get justice for him. I promise."

Baston's execution marked a change in Ohio's process, giving inmates speedier access to attorneys in case something goes wrong when needles are being inserted into them.

Ohio has had problems inserting needles in a handful of cases, including the botched 2009 execution of Romell Broom, who was sentenced to die for the rape and slaying of a teenage girl abducted in Cleveland as she walked home from a football game. The governor stopped the failed needle insertion procedure after two hours.

Broom complained that he was stuck with needles at least 18 times and suffered intense pain. He has sued, arguing a second attempt to put him to death would be unconstitutionally cruel.

Now, an attorney concerned about how an execution is going could use a death house phone to contact a fellow lawyer in a nearby building with access to a computer and cell phone to contact courts or other officials about the problem, said Carlo LoParo, a spokesman for the Ohio Department of Rehabilitation and Correction.

There's a catch with the change: The state will still allow an inmate only three witnesses. For an inmate to be guaranteed fast access to a lawyer, he would have to give up one of his designated witnesses, usually a family member.

A federal judge has already ruled that an inmate's constitutional rights aren't violated by having to substitute a witness for an attorney.

The change is consistent with federal court rulings that have limited challenges to Ohio's injection process to problems that crop up during individual executions, said Greg Meyers, trial division chief counsel at the Ohio public defender's office.

He said a lawyer who chooses to witness an execution now has immediate access to a phone if he or she believes something is going wrong. He said judges will have the final say on problems, which will limit abuse of the system.

Although the prisoner will now be just a few feet from witnesses as the needles are inserted, a curtain will be drawn and the procedure will still be shown on closed-circuit TVs in the witness viewing area. Using the TVs is meant to protect the anonymity of the executioners and to reduce the pressure they might feel having an audience watching them work, LoParo said.

Even before the change, Ohio had one of the most transparent execution procedures in the country. Several states, such as Missouri, Texas and Virginia, show nothing of the insertion procedure and allow witnesses to watch only as the lethal chemicals begin to flow. In Georgia, officials allow one reporter to watch the needle insertion process through a window.

Baston, 37, was sentenced to death for killing Chong-Hoon Mah, a South Korean immigrant who was shot in the back of the head. The 53-year-old victim's relatives oppose the death penalty and the execution.

The victim was a journalist in South Korea before moving to Ohio and opening two retail stores in Toledo. He started life over as a manual laborer before opening his stores and rarely took a day off. His brother, Chonggi Mah, testified at the end of Baston's 1995 trial.

Baston has given differing accounts of the crime and has suggested he was present but didn't do the killing. But his attorneys say they don't dispute his conviction.

The Lucas County prosecutor's office acknowledges the victim's family's opposition to Baston's execution but points out that the family members testified strongly about their anguish and Baston's lack of remorse.

Republican Gov. John Kasich rejected Baston's plea for mercy last week. Baston asked for clemency based on the victim's family's opposition to capital punishment and his chaotic upbringing, with his lawyer saying he was abandoned as an infant and would wander the streets with his dog trying to find his mother when he was a boy.

Oklahoma also uses pentobarbital, a barbiturate, but the state uses it in combination with other drugs that paralyze inmates and stop their hearts. Ohio switched to pentobarbital after the company announced production of sodium thiopental, the drug previously used by the state, was being discontinued.

States around the country have dwindling supplies of sodium thiopental, and several have looked for supplies overseas.


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Comments

Mark Foecking March 10, 2011 | 2:05 p.m.

"About a minute into the execution, Baston appeared to gasp, grimace and wince, but then he was quickly still."

One also sees this with animals euthanized with pentobarbital. It means you're giving it too fast. The idea is to induce a state of surgical anesthesia before giving the bulk of the dose.

It's an aesthetic issue, though. He didn't feel a thing.

DK

(Report Comment)
Ellis Smith March 10, 2011 | 3:25 p.m.

Agreed. Might one ask what the last minute or minutes of the convicted murder's victim(s) life were like? Oh, we're not supposed to contemplate such things. :(
Technology has advanced in the past 2,000 years. The Roman device of crucifixion was carefully calculated to induce a maximum of pain and suffering (as well as humiliation) prior to death. One was also supposed to carry his cross to the place of crucifixion. Considering the time of year, maybe it's a good time we contemplated those situations.

(Report Comment)
Mark Foecking March 11, 2011 | 5:51 a.m.

Y'know, any time discussions of the death penalty occur, i have to wonder how I really feel about the issue.

Killing a murderer does not bring the victim back. It can bring a level of closure for the relatives of the victim, but as we see here, even some victim's families don't agree with the "eye for an eye" approach.

While I hear people say that a convict's death should in some way mirror his crime, I'd think we aren't in a position, usually, to accurately do that. I would definitely not agree with letting the victims relatives put the convict to death in some manner of their own choosing, as emotionally satisfying as that might be to some.

As far as the death penalty saving costs of incarceration, practically, a death sentance for many is the equivalent of life in prison. If it takes 20 years to appeal a case, what's the difference? Sure, we have to be very careful that we do not execute an innocent person, but I'd think we could do this in less time than we do now.

I don't think the death penalty is necessarily a deterrent, either. Murder rates don't correlate well with the practice or absence of executions.

DK

(Report Comment)
Ellis Smith March 11, 2011 | 8:07 a.m.

Whatever the punishment, it's the state's (individual states, and in some cases the federal government) responsibility to carry it out.

To help settle differences of opinion as to what the punishment should be, let's interview a random sampling of murder victims. Oh, silly me! We can't ask the murder victims. They're remarkably uncommunicative, and that's what makes this particular crime different from many others.

(Report Comment)
frank christian March 11, 2011 | 8:35 a.m.

DK - "I don't think the death penalty is necessarily a deterrent,". I think it is for the killer, executed.

This, of course, has been discussed to death (sorry). Those opposed say things like, on the crime analysis tv show recently, "I'm glad he got life in prison so he will wake up every morning thinking of the crime he committed". Problem is he is probably only lamenting the fact that he got caught. Chas. Manson comes to mind, he never seemed to be suffering when, annually, leggy, Diane Sawyer used to interview him on TV.

"We may be killing an innocent person!" I understand such has never been proven to be the case and and also understand that when DNA identification became possible, there was a fear that courts etc. would be swamped with prisoners wanting to prove their innocence. That never happened, proving to most, that our system works and those behind bars in overwhelming majority belong there.

I don't want revenge, as most opposing DP claim is the reason most want it. I want the best deterrent for the convicted murderer to never do it again. Like abstinence, DP works every time.

(Report Comment)
frank christian March 11, 2011 | 9:14 a.m.

I wasn't able to remember his name until I looked him up.

Do you remember Richard Speck, killer of 8 student nurses sentenced to death but got 400 years when DP overturned before they got to him. He got about everything he wanted in prison and made a video of his orgies which became public before he died of a heat attack. This is a salient quote of his. "If they only knew how much fun I was having here, they would turn me loose," Speck boasts to the camera."

(Report Comment)

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