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ALABAMA (USA): RONALD BERT SMITH EXECUTED
December 8, 2016: Ronald Bert Smith, 45, White, was executed.
During the 34-minute execution at the Holman Correctional Facility in Atmore, Smith heaved and coughed for about 13 minutes and underwent two consciousness tests to make sure he couldn't feel pain, and gave a level of reaction media witnesses who have covered several executions say they have never seen.
Smith was declared dead by a physician at 11:05 p.m., said Bob Horton, prisons spokesman. During 13 minutes of the execution, from about 10:34 to 10:47, Smith appeared to be struggling for breath and heaved and coughed and clenched his left fist after apparently being administered the first drug in the three-drug combination. At times his left eye also appeared to be slightly open. A Department of Corrections captain performed two consciousness checks before they proceeded with administering the next two drugs to stop his breathing and heart. The consciousness tests consist of the corrections officer calling out Smith's name, brushing his eyebrows back, and pinching him under his left arm. Smith continued to heave, gasp and cough after the first test was performed at 10:37 p.m. and again at 10:47 p.m.. After the second one, Smith's right arm and hand moved.
Smith was convicted in the shooting death of Casey Wilson, a clerk at a convenience store, on Nov. 8, 1994.
The jury, in a 7-5 vote, recommended Smith be sentenced to life without the possibility of parole. The judge, however, on Oct. 6, 1995 overrode the verdict and imposed the death sentence.
Alabama is alone now in allowing judges to override jury recommendations to impose the death penalty. 2 other states - Florida and Delaware - did have similar override laws until this year.
The U.S. Supreme Court struck down Florida's law in January in Hurst v. Florida and the Delaware Supreme Court struck down that state's law in August. Smith's attorneys petitioned SCOTUS to stay the execution in light of Hurst. Despite issuing two temporary stays in the hours leading up to Smith's execution, the high court ultimately denied his appeal in a 4-4 split.
They filed another appeal asking the court to stay the execution that would have challenged the state's lethal injection protocol. The U.S. Supreme Court denied that petition as well. Less than a month ago, SCOTUS issued a stay of execution for Thomas Arthur, who had also challenged the death penalty protocol in a complaint separate from Smith's. The justices were again split 4-4 on whether to issue a stay, but Chief Justice John Roberts then cast a courtesy vote, allowing Arthur's execution to be delayed.
Smith becomes the 2nd inmate to be put to death this year in Alabama and the 58th overall since the state resumed capital punishment in 1983. Smith becomes the 20th and last person to be put to death this year in the USA and the 1442nd overall since the nation resumed executions on January 17, 1977. (Sources: al.com, Montgomery Advertiser & Rick Halperin, 08/12/2016)
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