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-   -   Death Row inmate says he is too fat to be executed (https://greekchat.com/gcforums/showthread.php?t=98383)

texas*princess 08-04-2008 08:13 PM

Death Row inmate says he is too fat to be executed
 
http://www.foxnews.com/wires/2008Aug...yCooey,00.html

Quote:

COLUMBUS, Ohio — A death row inmate scheduled for execution says he's too fat to be put to death, claiming executioners would have trouble finding his veins and that his weight could diminish the effectiveness of one of the lethal injection drugs.

Lawyers for Richard Cooey argue in a federal lawsuit that Cooey _ 5-feet-7 and 267 pounds _ had poor veins when he faced execution five years ago and the problem has been worsened by weight gain.

The lawsuit, filed Friday in federal court, also says prison officials have had difficulty drawing blood from Cooey for medical procedures.

Cooey, 41, is sentenced to die for raping and murdering two young women in 1986. His execution is scheduled for Oct. 14.

His attorneys say a drug he is taking for migraine headaches could affect the execution process. The drug Topamax, a type of seizure medication, may have created a resistance to thiopental, the drug used to put inmates to sleep before two other lethal drugs are administered, Dr. Mark Heath, a physician hired by the Ohio Public Defender's Office, said in documents filed with the court.

Heath says Cooey's weight, combined with the potential drug resistance, increases the risk he would not be properly anesthetized.

"All of the experts agree if the first drug doesn't work, the execution is going to be excruciating," Cooey's public defender, Kelly Culshaw Schneider, said Monday.

I'm not sure if I understand why this is such an issue.

1) Why does it even matter if they can feel pain or not when they die? I'm sure it wasn't a pleasant or peaceful experience when the 2 girls he raped and murdered were enduring what he was doing to them.

2) If it really does matter that he is in such a state of comfort when he dies, why can't they put him on a diet and take him off those meds?

MysticCat 08-04-2008 08:37 PM

Quote:

Originally Posted by texas*princess (Post 1690802)
1) Why does it even matter if they can feel pain or not when they die? I'm sure it wasn't a pleasant or peaceful experience when the 2 girls he raped and murdered were enduring what he was doing to them.

Because the Eighth Amendment to the United States Constitution forbids the government from imposing "cruel and unusual punishment."

Benzgirl 08-04-2008 08:41 PM

Yes, we have heard this one before. It would be inhumane. Yadda yadda yadda. Was it uncruel and usual what you did to your victim?

texas*princess 08-04-2008 09:00 PM

Quote:

Originally Posted by Benzgirl (Post 1690819)
Yes, we have heard this one before. It would be inhumane. Yadda yadda yadda. Was it uncruel and usual what you did to your victim?

That was along the lines of my thinking.

Whatever he did to whoever else obviously wasn't a pleasant experience... because it got him on death row... why again do we owe him one?

Is he just trying to get out of it or something by saying "well, sorry guys! I know I was sentenced to die for raping & murdering people, but I'm too big! I'll just hang out here for 40 more years until I die naturally!"

MysticCat 08-04-2008 09:22 PM

Quote:

Originally Posted by Benzgirl (Post 1690819)
Yes, we have heard this one before. It would be inhumane. Yadda yadda yadda. Was it uncruel and usual what you did to your victim?

I see your point. And yeah, it was beyond cruel and inhumane what he did to his victims.

That doesn't change the fact that the Founding Fathers, following developments in English law, believed it was important to prohibit cruel and unusual punishment. It also doesn't change that many courts have found lethal injection to violate this provision if there is not adequate guarantee of unconciousness prior to execution. While it has upheld lethal injection in general, the Supreme Court has still left open the possibility that in some instances, lethal injection could violate the Eighth Amendment.

And sure he's trying to get out of it.

DSTCHAOS 08-04-2008 09:23 PM

He's not too much of a lard ass to be lethally injected.

If this excuse flies, maybe they can put him on a health and fitness plan. Except it will be so he can die sooner rather than live longer.

Elephant Walk 08-04-2008 09:32 PM

I'm sure there's some gallows sturdy enough to hold him.

If only we could get Isaac Parker to come back from the grave to Ft. Smith.

DaemonSeid 08-04-2008 09:44 PM

Quote:

Originally Posted by DSTCHAOS (Post 1690843)
He's not too much of a lard ass to be lethally injected.

If this excuse flies, maybe they can put him on a health and fitness plan. Except it will be so he can die sooner rather than live longer.

his victim was too much alive to die...but he killed them....

socialite 08-04-2008 10:11 PM

Quote:

Originally Posted by DSTCHAOS (Post 1690843)
He's not too much of a lard ass to be lethally injected.

If this excuse flies, maybe they can put him on a health and fitness plan. Except it will be so he can die sooner rather than live longer.

"Would you get skinny already so we can finally just kill you?!?"

yeah that would go over well... lol

AXi1257 08-04-2008 10:40 PM

It's not that difficult to place a central line for IV access. Yeah it has to be an MD to place the line, but it can be done very easily. As for the medication issue, I'm sure that won't hold up either. If it does then everyone on death row is going to get fat and use the same excuse.

KSigkid 08-04-2008 10:43 PM

Quote:

Originally Posted by MysticCat (Post 1690841)
I see your point. And yeah, it was beyond cruel and inhumane what he did to his victims.

That doesn't change the fact that the Founding Fathers, following developments in English law, believed it was important to prohibit cruel and unusual punishment. It also doesn't change that many courts have found lethal injection to violate this provision if there is not adequate guarantee of unconciousness prior to execution. While it has upheld lethal injection in general, the Supreme Court has still left open the possibility that in some instances, lethal injection could violate the Eighth Amendment.

And sure he's trying to get out of it.

Exactly - we can go back and forth about the moral issues involved, but this is the major point. I'm guessing that this situation, however self-induced, would be one of those situations where it would be "cruel and unusual."

It doesn't excuse what he did, but it's the reality of the law.

nittanyalum 08-04-2008 11:17 PM

A sledgehammer to the noggin would make him unconscious before the injections...

PhiGam 08-04-2008 11:55 PM

Quote:

Originally Posted by nittanyalum (Post 1690902)
A sledgehammer to the noggin would make him unconscious before the injections...

I motion to bring back the guillotine.

socialite 08-05-2008 01:04 AM

Quote:

Originally Posted by PhiGam (Post 1690919)
I motion to bring back the guillotine.

Cosign

nittanyalum 08-05-2008 01:05 AM

My brother often said, "How much does a bullet cost?"

SWTXBelle 08-05-2008 10:23 AM

Maybe they could simply drug his Twinkies and Ho-Hos?

nittanyalum 08-05-2008 10:25 AM

Quote:

Originally Posted by SWTXBelle (Post 1691050)
Maybe they could simply drug his Twinkies and Ho-Hos?

L. O. L.

kstar 08-05-2008 12:48 PM

Quote:

Originally Posted by AXi1257 (Post 1690880)
It's not that difficult to place a central line for IV access. Yeah it has to be an MD to place the line, but it can be done very easily. As for the medication issue, I'm sure that won't hold up either. If it does then everyone on death row is going to get fat and use the same excuse.

Most physicians will have nothing to do with that because of their "do no harm" clause.

Quote:

Originally Posted by Benzgirl
Yes, we have heard this one before. It would be inhumane. Yadda yadda yadda. Was it uncruel and usual what you did to your victim?

Maybe because we're supposed better and more humane than a murderer? It makes us no better than him if we make him suffer, though we're no better than him in putting him to death anyways. Personally I think any form of capital punishment is barbarous, and most of the civilized world agrees, but apparently not the Supreme Court.

nittanyalum 08-05-2008 12:53 PM

Quote:

Originally Posted by kstar (Post 1691085)
Most physicians will have nothing to do with that because of their "do no harm" clause.

Isn't Kevorkian looking for work?
Quote:

Personally I think any form of capital punishment is barbarous, and most of the civilized world agrees, but apparently not the Supreme Court.
Or me.

socialite 08-05-2008 01:09 PM

It sounds to me like an elephant tranquilizer could just put this whole problem to a screeching halt...

Seriously, if they're worried that the anethsetic will not properly function why can't they use something more strong or 'effective'?

PeppyGPhiB 08-05-2008 02:02 PM

Quote:

Originally Posted by Elephant Walk (Post 1690845)
I'm sure there's some gallows sturdy enough to hold him.

We still have hanging here in my state (last one was in 1993). But a prisoner won a hearing years ago to have his death sentence by hanging changed to lethal injection because at more than 400 lbs. medical advisors said he would be decapitated.

DSTCHAOS 08-05-2008 02:17 PM

In all seriousness, I take a Michel Foucault approach to punishment. I don't believe in cruel and unusual punishments. Such actions on the part of the state undermine the roles of institution of formal social control and punishment.

If the man is found to be medically incapable of lethal injection, they need to make adjustments. If he's just trying to get out of it and he's capable of lethal injection, stick it to him.

Elephant Walk 08-05-2008 02:37 PM

Quote:

Originally Posted by DSTCHAOS (Post 1691149)
In all seriousness, I take a Michel Foucault approach to punishment. I don't believe in cruel and unusual punishments. Such actions on the part of the state undermine the roles of institution of formal social control and punishment.

If the man is found to be medically incapable of lethal injection, they need to make adjustments. If he's just trying to get out of it and he's capable of lethal injection, stick it to him.

Y'all have to watch this from The Onion:

"Supreme Court rules death penalty is totally badass"

http://www.theonion.com/content/vide..._death_penalty

honeychile 08-05-2008 02:43 PM

Quote:

Originally Posted by PeppyGPhiB (Post 1691136)
We still have hanging here in my state (last one was in 1993). But a prisoner won a hearing years ago to have his death sentence by hanging changed to lethal injection because at more than 400 lbs. medical advisors said he would be decapitated.

Isn't that what happened to Saddam's brother?

MysticCat 08-05-2008 02:45 PM

Quote:

Originally Posted by kstar (Post 1691085)
Most physicians will have nothing to do with that because of their "do no harm" clause.

Yeah, selective citation of the Hippocratic Oath, although I'm not sure where you get "most." That "do no harm" stuff doesn't seem to bother lots of doctors when it comes to abortion. (Nor, for that matter, does that specific line in the Hippocratic Oath, now usually left out altogether: "I will not give to a woman an abortive remedy.")

I know that there are medical baords that say they cannot allow doctors to participate in executions because it would violate medical ethics. I also know that there have been court decisions saying that if the state requires the presence of a doctor, the medical board can't discipline the doctor for doing what the law requires.

KSigkid 08-05-2008 02:54 PM

Quote:

Originally Posted by honeychile (Post 1691167)
Isn't that what happened to Saddam's brother?

His half-brother's head reportedly snapped off during the execution; here's a CNN report on it: http://www.cnn.com/2007/WORLD/meast/...ons/index.html

I'm anti-capital punishment (yes, anti-death penalty Republicans do exist), so this story doesn't bother me quite as much. Although, I think eating yourself out of an execution is an interesting strategy.

barbino 08-05-2008 02:55 PM

I laughed at this. He did the deed so he has to pay for his crime, no matter how fat he is now.
MysticCat, is his lawyers defense valid? I served on a jury for the first time recently, and suddenly have this newfound curiosity for all finer points of law. Having someone's future put into your hands (shared by 12 others) is a very daunting task. I hardly slept the night before we had to deliberate.:)

Still BLUTANG 08-05-2008 03:00 PM

stupid question: how do people get fat in prison? i thought meals and such were limited.

DaemonSeid 08-05-2008 03:28 PM

Quote:

Originally Posted by Still BLUTANG (Post 1691173)
stupid question: how do people get fat in prison? i thought meals and such were limited.

He got fat by blowing Bubbles.

Kevlar281 08-05-2008 05:02 PM

Time to dust off Old Sparky.

DSTCHAOS 08-05-2008 06:09 PM

Quote:

Originally Posted by Elephant Walk (Post 1691162)
Y'all have to watch this from The Onion:

"Supreme Court rules death penalty is totally badass"

http://www.theonion.com/content/vide..._death_penalty

LOL.

"whoa"
"h*ly sh*t"
"that's wicked"

Elephant Walk 08-05-2008 06:27 PM

Quote:

Originally Posted by DSTCHAOS (Post 1691293)
LOL.

"whoa"
"h*ly sh*t"
"that's wicked"

I like it best where she says something like "This marks the Roberts court as less strictly constitutional and more strictly awesome."

texas*princess 08-05-2008 06:51 PM

Quote:

Originally Posted by Still BLUTANG (Post 1691173)
stupid question: how do people get fat in prison? i thought meals and such were limited.

I used to think that too. I think though they are fed pretty well (3 meals a day) which is more than poor families probably eat per day that haven't broken the law to get into prison.

SigKapSweetie 08-05-2008 07:07 PM

Quote:

Originally Posted by MysticCat (Post 1691168)
Yeah, selective citation of the Hippocratic Oath

I also don't refuse to operate on those who 'labor under the stone', I don't worship ancient Greek gods and goddesses, and I don't offer my former attendings loans if they're short on cash.

The Hippocratic Oath was a great idea in ancient times. We've evolved a little since then.

PeppyGPhiB 08-05-2008 07:39 PM

Quote:

Originally Posted by KSigkid (Post 1691170)
His half-brother's head reportedly snapped off during the execution; here's a CNN report on it: http://www.cnn.com/2007/WORLD/meast/...ons/index.html

I'm anti-capital punishment (yes, anti-death penalty Republicans do exist), so this story doesn't bother me quite as much. Although, I think eating yourself out of an execution is an interesting strategy.

The older I get, the more I don't like the death penalty either. Some see it as eye-for-an-eye, but I just think the "right" side should try to do better than that. Either way, I think it's barbaric when people celebrate an execution. Executions are never ideal.

PeppyGPhiB 08-05-2008 08:00 PM

Quote:

Originally Posted by Still BLUTANG (Post 1691173)
stupid question: how do people get fat in prison? i thought meals and such were limited.

So is exercise for death row inmates.

MysticCat 08-05-2008 08:15 PM

Quote:

Originally Posted by SigKapSweetie (Post 1691327)
The Hippocratic Oath was a great idea in ancient times. We've evolved a little since then.

Of course. That's as it should be. Which is why I always look a little askance at people who cite it when convenient for them (like in a death penalty argument), but otherwise deem it a thing of the past.

ETA: I'll back off a little, though. I went back and checked, and while similar language is in the Greek version of the Hippocratic Oath, the phrase "do no harm" itself apparently does not come from there, but rather is Latin in origin. So perhaps the reference to the Oath isn't quite on point after all.

SWTXBelle 08-05-2008 08:22 PM

Now that Valerie has lost the weight, isn't Jenny Craig looking for a spokesperson?

KSigkid 08-05-2008 09:22 PM

Quote:

Originally Posted by PeppyGPhiB (Post 1691342)
The older I get, the more I don't like the death penalty either. Some see it as eye-for-an-eye, but I just think the "right" side should try to do better than that. Either way, I think it's barbaric when people celebrate an execution. Executions are never ideal.

I'm conservative in a lot of other ways - but when it comes to capital punishment, I've changed my thinking. I won't preach to others or tell them how they should feel, because it's not my place, but I can't personally support it.

tld221 08-05-2008 11:22 PM

while putting the fattie on a diet would work, that costa money, and taxpayer money at that, right?

i dont want to pay for some rapist killer to get just in shape enough to die. take that sucker out. he's just using up resources at this point.

from a law perspective, can someone answer why it takes so long to perform an execution? this happened 20+ years ago.


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