Woman sues US prison over son's 86-minute execution

[Mags 112]

Erekose's quote makes me even more convinced that an 86 minute execution was appalling.

[Clarky and Tarah 0]

From the Wikipedia page:

Details of Joseph Clark's crime

When Clark entered a Toledo gas station station at approximately 9:00 p.m. on January 13, 1984, he had his .32 caliber revolver drawn. He demanded money and the attendant, David A. Manning, handed him the money out of the cash register. After receiving the money, Clark claimed that this was not all of the money Manning had. Manning then proceeded to give him an envelope and it was at this point that Clark shot him. Sixty dollars was stolen by Clark in the hold-up.

On January 16, 1984, Clark was arrested after allegedly committing an assault and robbery at an Ohio bank. The arresting officer found a .32 caliber revolver in Clark's coat pocket. The next day, Clark, aware that he was a suspect in the Manning murder, tried to hang himself in his jail cell. On January 23, 1984, he was released from the hospital and taken to the Toledo Police Detective Bureau where he was read his Miranda rights and subsequently confessed to the murder of Manning after his Miranda rights were again recited to him.

Following Clark's indictment for Manning's murder, Clark challenged the voluntariness of his statement to the police, and an evidentiary hearing was held on the issue. At the suppression hearing, a psychiatrist testified on behalf of Clark. Although the psychiatrist had not examined Clark, he had reviewed the medical records from the hospitalization following Clark's suicide attempt, as well as Clark's juvenile records, various police documents, and the court's diagnostic and treatment reports. Based on a review of these records, he noted that Clark's mental function would be considered "borderline defective" based on his reported I.Q. of 75. He also concluded that Clark suffered from acute brain damage and chronic impairment of his mental functioning at the time of his confession (apparently as a result of Clark's recent suicide attempt). The psychiatrist testified that Clark's impaired mental condition would have interfered with his ability to make choices in an informed and reasonable manner and would have rendered him more susceptible to pressure or duress from others.

The prosecution offered in response the testimony of the officers who interrogated Clark and the testimony of Clark's attending physician, who concluded that, from a medical-neurological standpoint, Clark was capable of making a decision on waiving his rights. Following the suppression hearing, the state trial court determined that Clark voluntarily and knowingly waived his right against self-incrimination. Clark's confession was subsequently introduced at trial.

Notable execution

Clark's execution was notable for a number of reasons. He spent 21 years and 5 months on death row, making him one of the longest-serving inmates between sentencing and execution. He also gave the longest (10 minutes) final statement according to the Department of Rehabilitation and Correction.

Clark's execution also was most notable and controversial because it took officials nearly 90 minutes to complete the process. The problems began when the staff was unable to find two suitable veins to attach the IV lines leading to the lethal chemicals. Clark had an extensive history as an intravenous drug user, making his veins weak and brittle. Under the state's execution protocol, two veins were required with the second serving as backup should the main line fail. After unsuccessfully trying to find a suitable second site for nearly 30 minutes, the staff opted to move ahead with only the single main line.

Shortly after the chemicals began flowing Clark shouted, "It don't work. It don't work," and attempted to raise his head and upper body, according to witnesses. Director of the Department of Rehabilitation and Corrections Terry Collins, on just his second day as head of the department, ordered the curtain to the visitors' gallery closed while execution team members strived to find another suitable vein. It took another 40 minutes before the second vein was found and the execution continued. By 11:26 a.m. Clark was dead.

That's really sad. So apparently it hurt pretty bad if he tried to get up?

[Trumplestiltskin 5,791]

What's more - I'd go out on a limb and suggest it was less than pleasant for the people who had to carry it out.

[Clarky and Tarah 0]

It's sad that the system can't even kill a person right. I wonder why they didn't know they'd have problems with his veins if they'd been doctoring him for 21 years and 5 months? I don't think he should have had to suffer like that, lethal injection is supposed to be humane.

[Rings 10]

It's still a mother who lost a son nevertheless... moms love you for who you are and they do not want to see you suffer needlessly. I don't feel that she is out of line, but I am a mother as well.

Edited July 4, 2007 by Rings

[dalegg 143]

Since he was put to death, he obviously killed an individual or individuals.

Flawed reasoning. You failed LOGIC in school, didn't you?

I don't even remember taking logic in school. Do most people have to take this course?

[Loke 0]

It is a sad thing that a mother had to outlive her son. It is a sad thing that two men died for $60. It is mostly sad though that some people wanted him to suffer more than he did. I hope you are never in the situation where somebody else's wishes for your suffering to be more.

[CountryBoy 0]

For those that would not have a murderer be made to suffer, yet are not squeemish at heart, please take the time to go to http://www.youtube.com and enter the keyword poso into the search box .. watch the first video at the top of the page and tell me what you would have done with these people.

I will not post a direct link or imbed this video, it is far to graphic .. I truly believe that the people in this video should suffer for an extended period of time..

I am well aware that not all murders are this heinous, but murder is murder and depending on the details the punishment should fit the crime. I don't know the details of the crime committed by the son in this case, but I do believe that the actions of parent's are the foundation on which a child is built; I also believe that in some instances, no matter how well a parent raises their child, the end result is failure. In either case I do feel empathy for the mother in this case witnessing the prolonged death of her child, but I don't believe that she is entitled to any compensation.

CB

[jundp 191]

give him lead poisoning instead. and cheaper too.

Oklahoma: Authorizes electrocution if lethal injection is ever held to be unconstitutional and firing squad if both lethal injection and electrocution are held unconstitutional.

Idaho: Authorizes firing squad only if lethal injection is "impractical".

or he could have been lucky enough to have been sentenced in New Hampshire or Washington, both of which allow hanging at the inmates' request.

[Rings 10]

I watched the video and it is sad and horrible, but look at those children and those people who suffer. I am not in any way condoning a murderer for behavior, but merely stating that as a mother, I would not want to see my child suffer in the same manner that the children in this video that you speak about have suffered. Those mothers do not want to see their children suffer and neither would a mother in any manner.

Your mother loves you for who you are and not what you do and there are human ways of going about things and there are inhuman ways of going about things. I am not saying that some people do not deserve death, but with all due respect... the man sat in prison since 1984 knowing he was going to be killed despite how long it took to get there. He and his family surely suffered with the thought that he was going to die for years and that is torture within itself. I am not condoning what was done, but I do not blame her for being upset either.

The video you posted is not within the same context of this thread and it is something that was horrible and happened in a country where acts of such a nature are allowed to happen to the degree in which they have happened. Right or wrong, this is America and the culture here is different. We have laws against the government inhumanely treating any inmate and there are strict rules that are laid down in those laws regarding lethal injection.

The fact remains that the human laws of American society were broken and therefore she has a right to sue them for misconduct in this cicumstance. Any mother would fight for the justice of their child despite the wrongs commited in the past. I would and if you are a mother, then you would too and if you are a mother and you can post here that you would not fight for your sons justice under the same circuimstance, then you shape the way you look to other people on your own.

[jundp 191]

Since he was put to death, he obviously killed an individual or individuals.

Flawed reasoning. You failed LOGIC in school, didn't you?

Are you aware of how many innocents have been executed on death row? Barbarism.

The advent of DNA testing has freed many inmates from death row.

Check out the documentary, "Murder on a Sunday morning"

I don't agree with the death penalty at all. For any reason. I think that executing criminals is murder, and I think murder is wrong. Period. There are too many flaws in our criminal "justice" system as it is, but the idea of the govt. murdering innocent people is apalling.

Currently, over 115 people in 25 states have been released from death row because of innocence since 1973. http://www.deathpenaltyinfo.org/article.ph...=412&scid=6

There are 12 US states that don't have the death penalty, and the murder rate in those states hasn't risen unproportionally. I do believe in Ghandi's quote that "an eye for an eye makes the whole world blind...."

[Trumplestiltskin 5,791]

For those that would not have a murderer be made to suffer, yet are not squeemish at heart, please take the time to go to http://www.youtube.com and enter the keyword poso into the search box .. watch the first video at the top of the page and tell me what you would have done with these people.

I will not post a direct link or imbed this video, it is far to graphic .. I truly believe that the people in this video should suffer for an extended period of time..

I am well aware that not all murders are this heinous, but murder is murder and depending on the details the punishment should fit the crime. I don't know the details of the crime committed by the son in this case, but I do believe that the actions of parent's are the foundation on which a child is built; I also believe that in some instances, no matter how well a parent raises their child, the end result is failure. In either case I do feel empathy for the mother in this case witnessing the prolonged death of her child, but I don't believe that she is entitled to any compensation.

CB

Thing is I can totally understand the sentiment - but as far as it pertains to the judicial system thats exactly why its supposed to be impartial and the court screens out as far as possible potential jurors with preconceived opinions about the guilt of the suspect, or a desire to see him suffer. We don't encourage the family members of the victims to come along and push the switch, yank the lever or whatever. Perhaps we should, someone will no doubt say - I just wonder if they actually consider the feelings and well-being of the family member, or indeed the people who administer the execution. Seems to me that would be a terrible, harrowing job IMO, with no shortage of nightmares for the person who carries it out.

I'm not sure your video of a heinous atrocity compares with this crime. A murder nonetheless, but one in which it would appear that desperation and drug issues played a part. We're talking about someone who committed a crime probably while high on drugs or needing money to fund his habit. That's not an excuse! someone will say... of course not. But if we're looking for intentions here - this isn't Hannibal Lecter.

[bryantina 0]

if the "mother" of the person is claiming to get money then shouldnt the familiies of his victims sue her for the exact same reason?

[Fandango 1,439]

I am a supporter of the death penalty. But this case has a few mitigating circumstances. I do believe the extremely low iq should have been a bigger factor here & this man shouldn't have been executed.

I can understand the impracticalities of not being able to find a vein....I don't think it was intentionally cruel and unusual in that respect, but at the same time, I can't imagine the mother's heartbreak. Yes, the man was a murderer....but his mother wasn't. And to sit and watch this go on for over 80 minutes seems heartbreaking to me.

[Rings 10]

The fact remains that by agreeing with murder, you are condoning murder and therefore no better than a murderer...