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Post by Californian on Apr 18, 2010 7:48:45 GMT -6
I realize it's "say anything" time for Durr's attorneys, but how stupid is it to plead before various appellate courts that your client may be "allergic" to the drug that will be used to kill him?
Judge: No allergy risk proven for Ohio execution
COLUMBUS, Ohio (AP) -- An inmate scheduled to die next week for raping and strangling a 16-year-old girl has failed to present enough evidence of an allergy to anesthesia that could affect the execution, a federal judge ruled Friday. Condemned killer Darryl Durr waited too long to raise the issue of an allergy and then relied mainly on speculation to ask for time to investigate, said U.S. District Judge Gregory Frost. "Durr presents this court with an unproven allergy that might have an unknown effect on his execution and asks for time to fill in details that may or may not rise to the level of demonstrating a likelihood of success," Frost wrote in the afternoon ruling. "Speculation is not evidence, however," Frost said. Durr's attorneys immediately appealed the judge's ruling and a second ruling rejecting Durr's request for more DNA testing. In an unusual legal maneuver, Durr is arguing that no one knows how his body will react if state officials are allowed next week to inject him with the one lethal drug they now use. But the state, quoting a medical expert, also said there is no proof that an allergic reaction would occur before Durr was already deeply unconscious from the drug. The worst type of allergic reaction to anesthesia results in death from low blood pressure and impaired breathing, the state added. "Such effects are irrelevant in the context of an execution because they would occur after the inmate loses consciousness and because the intent is to bring about a rapid death," according to Mark Dershwitz, a University of Massachusetts professor and physician, told the state in an e-mail submitted as part of the state's filing. Durr had dental surgery in 2004 and a hernia operation in 2007. Durr could have known about the allergy as long ago as 2004 and appeared to know in 2007, Frost said in describing why Durr waited too long to raise the issue. Durr's lawyers on Friday defended their reliance on information that came mainly from Durr's own recollections of what medical personnel had told him. "It seems unlikely that a person about to have a surgery would make up information," Durr's attorneys wrote in a court motion Friday. They argue they need time to collect more information about Durr's medical history. The state used two separate examinations of Durr's medical records to make its argument opposing the request. The first was a one-page form referring to an apparent medical procedure in April 2007 that was not part of the records Durr submitted to the court. That form indicates Durr has no allergies, and that he received hydromorphone, the painkiller prescribed for Ohio's backup execution method. The state also says medical records submitted by Durr show he received hydromorphone in June 2004 with no problems. Durr submitted the records Thursday and they were filed under seal Friday by order of Frost to prevent the viewing of personal information. Also Friday, a federal judge refused to stop the execution based on Durr's request for more DNA testing but referred the issue to a federal appeals court. U.S. District Court Judge George Smith rejected Durr's claim that the state is violating his constitutional rights by refusing to test for DNA on a necklace found on the victim that Durr says could implicate another suspect. Experts have testified there would be no DNA on the necklace that Angel Vincent was wearing when her decomposed body was found. Officials also couldn't guarantee the necklace had been preserved properly as evidence, ruining the chance of obtaining any results that could be used in court. DNA testing of other biological evidence preserved from Vincent's body that was done last year at Durr's request found no DNA other than Vincent's.
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Post by leopard32 on Apr 18, 2010 9:51:49 GMT -6
As another commentator put it, perhaps the 16-year-old girl had an allergy to strangulation but she of course didn't get a reprieve.
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Post by Rev. Agave on Apr 18, 2010 12:03:58 GMT -6
I realize it's "say anything" time for Durr's attorneys, but how stupid is it to plead before various appellate courts that your client may be "allergic" to the drug that will be used to kill him? As you said, it is say anything time. For what it is worth, it is not that stupid of a hail Mary when you think about it. Ohio seems ultra sensitive to whether the inmate suffers (or gives the appearance of suffering) during an execution. If the atty could show (which he couldn't) that the POS would act differently when given the drugs than most other inmates, he might score a stay. Didn't work here, but again, as you said, it's say ANYTHING time. The delay tactic might have even worked in Ohio a few years ago before all the recent litigation resulting in favorable results for lethal injection.
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Post by Deleted on Apr 19, 2010 1:29:28 GMT -6
Any news on this dirtbag,will it go down to-morrow...
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Post by Californian on Apr 19, 2010 6:34:50 GMT -6
Nothing in the news about a stay, so as of this morning, the execution is on.
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Post by Rev. Agave on Apr 19, 2010 12:09:44 GMT -6
Nothing in the news about a stay, so as of this morning, the execution is on. It's almost needle time! www.bostonherald.com/news/national/midwest/view/20100419court_rejects_appeals_by_ohio_death_row_inmate/srvc=home&position=recentBy Associated Press Monday, April 19, 2010 - Added 1h agoCOLUMBUS, Ohio — A federal court has rejected appeals by an Ohio inmate scheduled to be executed Tuesday for raping and strangling a 16-year-old girl. Lower courts rejected Darryl Durr’s last-minute legal challenges last week. The 6th U.S. Circuit Court of Appeals in Cincinnati affirmed those rulings Monday, including one in which his attorneys had argued Durr could be violently allergic to the anesthetic Ohio uses to put inmates to death. Also Monday, the 46-year-old Durr was transferred from a state prison in Youngstown to the Southern Ohio Correctional Facility in Lucasville, home to the state’s death chamber. Durr was convicted of kidnapping Angel Vincent from her northern Ohio home in 1988. Her body was found in a park months later.
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Post by rayozz on Apr 19, 2010 21:50:06 GMT -6
Lost the link! However, Durr has refused his last meal for religious reasons. Technicians also claim his veins are palpable.
Rayozz
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Post by Deleted on Apr 20, 2010 0:20:28 GMT -6
www.the-review.com/news/article/4811895COLUMBUS (AP) -- Gov. Ted Strickland denied clemency Monday to a death row inmate convicted of strangling a 16-year-old girl in 1988, and a federal appeals court rejected the inmate's claim that he could be violently allergic to the anesthetic Ohio uses to put inmates to death. Attorneys for Darryl Durr, who is scheduled to be executed today, immediately filed an appeal to the U.S. Supreme Court. The American Civil Liberties Union of Ohio made a separate request to delay the execution and allow further DNA testing. Strickland said in a statement that he had reviewed the court case and agreed with the state Parole Board's recommendation not to grant clemency. Durr, 46, lost multiple rulings issued by lower courts last week that were upheld Monday by the 6th U.S. Circuit Court of Appeals in Cincinnati, including rejecting Durr's argument for more DNA testing on a necklace worn by the victim. The appeals court also rejected his claim that Ohio's lethal injection chemicals violate federal prescription drug laws. A message seeking comment was left for defense attorney Kathleen McGarry. Durr was transferred Monday from a state prison in Youngstown to the Southern Ohio Correctional Facility in Lucasville, home to the state's death chamber. He refused lunch and declined to have a special meal, which is traditionally offered to inmates the day before their execution, said prisons spokeswoman Julie Walburn. Durr told prison staff that he wanted to fast for religious reasons, she said. The Ohio Supreme Court has scheduled one execution per month through November, putting the state on pace to execute a record 11 inmates this year. Durr was convicted of kidnapping 16-year-old Angel Vincent from her home in Elyria on Jan. 31, 1988, while her mother and stepfather were away at a Super Bowl party. He raped and strangled her with a dog chain and hid her body inside two orange traffic barrels placed end-to-end in a Cleveland park, prosecutors said. Several boys playing in the park discovered her body three months later. Durr, who pleaded guilty to two other rapes that year, says he is innocent and that he didn't receive a fair trial. Experts have testified there would be no DNA on the necklace that the girl was wearing when her decomposed body was found. Officials also couldn't guarantee the necklace had been preserved properly as evidence, ruining the chance of obtaining any results that could be used in court. DNA testing of other biological evidence preserved from Vincent's body that was done last year at Durr's request found no DNA other than Vincent's.
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Post by unkelremus on Apr 20, 2010 5:32:57 GMT -6
He better eat while the Cook is still in the kitchen........The kitchen closes at 10:00 am...hahahahaha
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Post by Californian on Apr 20, 2010 7:59:01 GMT -6
They should be getting ready to light him up right about now.
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Post by SubSurfCPO(ret) on Apr 20, 2010 8:01:57 GMT -6
Ohio has an early time in the death house - what 9 am local?
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Post by Californian on Apr 20, 2010 8:04:20 GMT -6
Ohio has an early time in the death house - what 9 am local? 10 AM is the appointed hour.
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Post by unkelremus on Apr 20, 2010 8:52:36 GMT -6
LUCASVILLE, Ohio - As his victim's mother watched, Darryl Durr was executed this morning for abducting and murdering 16-year-old Angel Vincent of Elyria. Durr, 46, was pronounced dead at 10:36 a.m. after being injected with a single, large dose of thiopental sodium, a powerful anesthetic.
Durr's legal team threw up a flurry of last-minute appeals, claiming he might have a severe allergic reaction to the killing drug and that it has not been approved for executions by the U.S. Food and Drug Administration. The American Civil Liberties Union of Ohio filed a suit as well, arguing that Durr was illegally prevented from obtaining a DNA test on the dead girl's necklace that could have produced evidence showing he was not guilty of the crime.
State and federal courts rejected all the appeals, however, clearing the way for Durr's execution - Ohio's fourth in as many months and 37th since 1999.
Gov. Ted Strickland rejected Durr's clemency request yesterday.
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Post by Deleted on Apr 21, 2010 1:20:35 GMT -6
Nothing in the news about a stay, so as of this morning, the execution is on. thanx cali.. there was no snaking out of this execution..
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