Monday, September 17, 2012

Death-row inmate 'too obese' for execution

An Ohio inmate is trying to delay his execution, saying his obesity will lead to a "torturous and lingering death." Picture: AP Source: AP
A CONDEMNED US inmate who weighs at least 218kg wants his upcoming execution delayed, saying his weight could lead to a "torturous and lingering death."
Ronald Post, who shot and killed a hotel clerk in northern Ohio almost 30 years ago, said his weight, vein access, scar tissue and other medical problems raise the likelihood his executioners would encounter severe problems.
He's also so big that the execution gurney might not hold him, lawyers for Post said in court papers filed on Friday.
"Indeed, given his unique physical and medical condition there is a substantial risk that any attempt to execute him will result in serious physical and psychological pain to him, as well as an execution involving a torturous and lingering death," the filing said.
Post, 53, is scheduled to die on January 16 for the 1983 shooting death of Helen Vantz in Elyria, Ohio.
The prisons department was not aware of the filing and could not immediately comment.
Inmates' weight has come up previously in death penalty cases in Ohio and elsewhere.
In 2008, federal courts rejected arguments by condemned double-killer Richard Cooey that he was too obese to die by injection.
Cooey's attorneys had argued that prison food and limited opportunities to exercise contributed to a weight problem that would make it difficult for the execution team to find a viable vein for lethal injection.
Cooey, who was 5-foot-7 and weighed 121kg, was executed on October 14, 2008.
In 2007, it took Ohio executioners about two hours to insert IVs into the veins of condemned inmate Christopher Newton, who weighed about 120kg. A prison spokeswoman at the time said his size was an issue.
In 1994 in Washington state, a federal judge upheld the conviction of Mitchell Rupe, but agreed with Rupe's contention that at more than 180kg, he was too heavy to hang because of the risk of decapitation. Rupe argued that hanging would constitute cruel and unusual punishment.
After numerous court rulings and a third trial, Rupe was eventually sentenced to life in prison, where he died in 2006.
Ohio executes inmates with a single dose of pentobarbital, usually injected through the arms.
Medical personnel have had a hard time inserting IVs into Post's arms, according to the court filing. Four years ago, an Ohio State University medical centre nurse needed three attempts to insert an IV into Post's left arm, the lawyers wrote.
Post has tried losing weight, but knee and back problems have made it difficult to exercise, according to his court filing.
While at the Mansfield Correctional Institution, Post "used that prison's exercise bike until it broke under his weight," according to the filing.

Palace to file complaint over Kate photos

Lawyers for the royal family will make a criminal complaint against the photographer who took pictures of Prince William's wife Kate sunbathing topless in the south of France.
The palace has already launched a civil lawsuit against France's Closer magazine, which published the paparazzi snaps of Kate, the Duchess of Cambridge, relaxing during a holiday at a private villa in Provence.
The couple is hitting back hard against publication of the pictures, which the palace called a "grotesque" abuse of privacy.
A spokeswoman for William's St James's Palace office said on Sunday the couple's lawyers would file a complaint with French prosecutors on Monday against the unidentified photographer or photographers involved.
"The complaint concerns the taking of photographs of the Duke and Duchess of Cambridge whilst on holiday and the publication of those photographs in breach of their privacy," she said on condition of anonymity in keeping with palace policy.
The palace said it would be up to French prosecutors to decide whether to investigate and pursue a criminal case for breach of privacy or trespassing.
The couple's lawyers are already due in a Paris court on Monday seeking an injunction against Closer's publisher, the Italian media group Mondadori. It also publishes Italy's Chi gossip magazine, which says it will publish 26 pages of the images on Monday.
The palace will seek damages from the publisher, which is owned by former Italian Premier Silvio Berlusconi.
The palace said it was considering "all proportionate responses" against Chi, though no decision has been made on legal action against it or the Irish Daily Star which reproduced the Closer photos on Saturday.
No British publication has run the pictures, and Britain's tabloids have lined up to denounce them as an invasion of the duchess' privacy.