Should you get more than one bite at the apple

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Crime and Consequences

Waco attorney Walter M. Reaves Jr. gives behind-the-scenes insight into criminal justice cases and issues. Reaves has been a criminal defense attorney since 1981. A graduate of the University of Houston Law School, he has served on the Texas Criminal Defense Lawyers Association board and currently serves on the Innocence Project of Texas board.

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Thursday September 17, 2009

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Should you get more than one bite at the apple

By Walter M. Reaves Jr.

Sometimes truth really is stranger than fiction. Yesterday Ohio tried to execute Romell Broom. Like Texas, Ohio uses the lethal injection to carry out executions. Naturally, that requires injections, which requires needles and veins. Mr. Broom's veins are not in the best of shape, and they had trouble getting a needle in. They tried for two hours before the warden called the governor and told him it just might cruel to continue trying. The governor agreed, and they decided to try again next week.

I realize those who favor the death penalty are probably not going to get too worked up over this. However, some might realize just how much pain that must have involved. Unfortunately, I have had to watch while trained medical personnel (which people at the prison certainly aren't) tried to locate a vein. For most people, the limit is 4 or 5 tries. You can only guess how many times they stuck Mr. Broom. Apparently, he even tried to help them. I'm sure after awhile he was hoping they would go ahead and finish it.

As you might guess, Mr. Broom's lawyers are now trying to block his execution, arguing it would be cruel and unusual to try again. There appears to be no precedent - apparently, most states have been able to do it the first time. The constitution forbids "cruel and unusual punishment", and the courts will have to determine if a second attempt qualifies.

I'm going to be interested to see how this turns out. One thing I'm willing to bet on is that Mr. Broom is not going to be executed next week as currently planned.

9 Comments | Post a comment

WacoJohn

Apr. 22, 2010, 10:48AM

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yep, .. the solution to that problem is the jugular.

Johnson

Mar. 20, 2010, 1:39PM

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As complex as it is, we just cannot take capital punishment off the list of consequences for capital crimes.

Freddy

Dec. 09, 2009, 11:28AM

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I was a medic in the army for 24 years. I was train to give IV's. We practice on each other. I can assure the pain is minimal. Compare with the pain this animal caused to the victims and families, what he experienced is nothing. Plus he should been executed long time ago.

Rob

Oct. 19, 2009, 10:58PM

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They need to be able to follow Utah's lead and let Mr Winchester assist. No vein? No problem. All you need is a heart, oh wait considering what he did he could not possibly have a heart. To bad that little girl did not have any 8th Amendment rights.

Sammy

Oct. 04, 2009, 12:27PM

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Cruel and unusual? Cruel and unusual would be cutting off the part of his body that sexually assaulted his victims and give him his lethal injection there, all wihtout pain medications. Not finding a vein is neither cruel nor unusual. Happens in many dodtor's offices every day.

AnAverageGuy

Oct. 04, 2009, 12:45AM

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This is ABSOLUTELY Cruel for society to have to had fed and provided for this criminal since his crimes in 1984 when he raped and murders one 14 yr old girl, and raped and assaulted 4 others that prosecutors discovered. He had raped and robbed and been convicted before since 1974. He was sentenced in 1985. He should have died before 1990. See his wrap sheet if you want at [http://www.drc.state.oh.us/Public/Broom%20Clemency%20Report.pdf](http://www.drc.state.oh.us/Public/Broom%20Clemency%20Report.pdf)

dismayed

Sep. 28, 2009, 7:23AM

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What makes you think that the personnel at the prison are not well trained in the art of IV insertion?

candi

Sep. 25, 2009, 12:51PM

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WOW - this is so unusual. Mr. Reaves - please keep us posted. I'm curious how this will turn out as well.

Ms.V.

Sep. 20, 2009, 7:46PM

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Mr.Reaves,concerning the Ohio case; I think if the executioner was having a hard time finding a vein in the arms_why didn't he use the jugular?
I don't feel using the jugular vein is an infringement on his 8th amendment right, and they would have gotten the execution over with. I think making him wait another week knowing he is going to be executed is a mental violation of his 8th amendment right. What was he found guilty of, by a jury of his peers?
When dialysis patient's can't use their veins in the arms, they have to be dialyzed through their jugulars. What makes Mr.Broom an exception? he's going to die anyway, at least it would be over quickly and not long and drawn out.