OHIO ‘AIR HUNGER’ EXECUTION SET FOR RAPIST-MURDERER

Federal judge turns down appeal by lawyers claiming that new Ohio execution drugs will result in an agonizing and painful death for Dennis McGuire as he experiences the terror of straining to catch his breath

Ohio, like all the other death penalty states, has been unable to obtain the drugs normally used for executions because capital punishment opponents have cajoled drug makers into withholding them for use in carrying out death sentences. Accordingly, Ohio is going to use a new drug combination – midazolam and hydromorphone – in Thursday’s scheduled execution of Dennis McGuire.

McGuire, 53, was convicted and given the death penalty for the 1989 rape and fatal stabbing of 22-year-old Joy Stewart, a newly married pregnant woman.

Lawyers for McGuire, whose execution has been delayed several times because of numerous appeals, managed to dig up Harvard Medical School Professor David Waisel who testified that because of the new drug cocktail, “Mr. McGuire is at a substantial risk of experiencing the terror of air hunger during the first five minutes of the execution. Air Hunger is a horrible feeling. It’s the inability to get your breath.”

Dr. Waisel’s expert testimony and the lawyers’ argument that the scheduled execution violates the prohibition against cruel and unusual punishment by subjecting McGuire to an agonizing and painful death did not fly with U.S. District Judge Gregory Frost. Judge Frost turned down the appeal, ruling that McGuire failed to present evidence he would suffer breathing problems and that the risk is within constitutional limits.

It remains to be seen whether higher courts will uphold Judge Frost’s ruling. McGuire also has a separate appeal before the U.S. Supreme Court in which his lawyers contend - yes, here it comes – a jury never heard the full extent of his chaotic and abusive childhood.

I hope the execution goes on as scheduled, and if it does, I also hope that Dr. Waisel is right when he says that McGuire is likely to experience the terror of air hunger during the first five minutes of the execution. That is not anywhere near as bad as the terror a newly married pregnant Joy Stewart must have experienced as this worthless piece of shit raped and stabbed her to death.