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| ACLU targets lethal drugs |
| By thechronicleherald.ca - MATT GOURAS THE ASSOCIATED PRESS |
| Published: 08/02/2012 |
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HELENA, Mon. — The American Civil Liberties Union argued in court Wednesday that the method the state plans to use in the execution of a Canadian on death row is unconstitutional. The ACLU is asking District Court Judge Jeffrey Sherlock to rule that the lethal injection protocol amounts to cruel and unusual punishment under the U.S. and Montana constitutions. The ACLU originally filed the lawsuit in 2008 on behalf of Ronald Allen Smith, originally from Red Deer, Alta. An attorney for the group argued that the state does not require sufficient medical training to ensure that executioners properly administer a drug that ensures no pain is felt by the executed. The Montana Department of Corrections argues its revised execution protocol passes constitutional muster. Executions in Montana have been stayed by the court until the argument is sorted out. Smith originally sought the death penalty and spurned a plea deal after pleading guilty in 1983 to the shooting deaths of two Blackfeet Indian cousins. He later changed his mind about the death penalty and is now seeking executive clemency from the governor. Ron Waterman, working for the ACLU on the case, said the state’s method leaves too much discretion to a prison warden who lacks the training to know for sure whether the executioner is doing the job right. He said that fails to meet strict demands that higher courts have placed on execution protocols. “We have the blind leading the blind,” Waterman said. Read More. |
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