Killers claims lethal injection cruel, violates right of speech

[Kadie]

Killers claims lethal injection cruel, violates right of speech

By DAVID KRAVETS, AP Legal Affairs Writer
Last Updated: January 12, 2005, 05:55:20 PM PST

SAN FRANCISCO (AP) - Lawyers for a condemned California man who killed two women argued to a federal appeals court Wednesday that the lethal injection he faces next week is cruel and unusual, and violates the First Amendment right of speech.

Inmate Donald Beardslee, in what is believed to be the first challenge of its kind to lethal injection, alleged that the combination of a sedative and a paralyzing agent would mask whether he is experiencing excruciating pain, would prohibit him from crying out and prevent public witnesses to the execution from seeing him contort, a violation of the First Amendment.

"This drug will serve the purpose of masking this pain," argued Alan Schlosser, an American Civil Liberties Union lawyer. He said it could also prevent the two dozen public witnesses from viewing "movement that might be unpleasant and unsightly."

In response, Dane Gillette, California's top capital punishment lawyer, argued that Beardslee must be executed Jan. 19 because there is no evidence that he will endure unnecessary pain, in violation of the Eighth Amendment.

more...
http://www.modbee.com/state_wire/story/9756613p-10622062c.html

[MercutioATC]

1. Drawing and quartering! That's the answer!

I'll bet the pain involved is clearly visible.

I think this is just ridiculous. We can't have unnecessary pain, but we'll fight a method that minimizes pain.

:eyes:

[Straight Shooter]

2. I believe that drug has been proven to produce severe pain

I can't quote the source, but I remember reading about it.

If in fact he's guilty, I doubt if he paid much attention to the pain of his victims, though.

[progressivebydesign]

7. You're right.. but murder is much more painful. n/t

[MrSlayer]

3. Oh Please.

Lethal Injection is getting off easy, he should be happy he's getting it. He should get the same as what he did.

[bluestateguy]

4. Talk about a case made for Fox News

This is just one of those tailor made cases for the Fox News bobbleheads to ridicule lawyers, liberals and the ACLU.

[countmyvote4real]

5. The case seems wrought with contradictions, but

if it manages to stay or even overturn the death penalty, then I’m all for it. While I do believe penalties should be paid and endured, I don’t believe the government or the general public should presume to take a life as punishment - especially with the flaws of our legal system. And it’s only getting worse with the Patriot Acts and the ** nominee for Attorney General.

Don’t kid yourself. The death penalty is NOT a deterrent to murder. If it truly was, we would not be discussing these cases again. And besides that, the victim’s family will still feel their loss long after the presumed convict has been slain as retribution.

Quality of life is the real issue as a preventive measure as well as any attempts to reform or build a model society.

[aikido15]

8. The death penalty has got to go!

I agree with you, I hope this doesn't turn into a "liberal" attack.

[progressivebydesign]

6. I'm certain the women he killed would have prefered a lethal injection.

Fuck him.

[Kadie]

9. kick n/t

[Tacos al Carbon]

10. I wonder if he has an objection to hanging?

Actually, a rather quick and painless death if the neck is broken by the rope, which it almost always was.