On the Docket: Successful Challenge To Ohio's Lethal Injection Protocol

A Lorain County Common Pleas Court judge has ruled that the method of execution currently used by the Ohio Department of Rehabilitation and Corrections violates Ohio law. (Enquirer; NY Times.)

The case, litigated (at least as to this issue) by the ACLU, was handled in a novel way. The challenge to the protocol was brought on behalf of two pre-trial detainees. In other words, this isn't the typical, last-second petition for a stay of execution; instead, it's about two men who might be sentenced to death if they're found guilty.

The court's decision is also unique in that it isn't based in the federal constitution's Eighth Amendment. (In fact, the US Supreme Court recently all but foreclosed challenges to the three-drug method of execution based on the cruel and unusual punishment clause.) Instead, Judge James M. Burge relied on an Ohio statute that requires ODRC to effect an inmate's death by using "a drug or combination of drugs of sufficient dosage to quickly and painlessly cause death." The judge's ruling requires ODRC to use a single, large dose of barbituates to kill the two defendants, if they're found guilty and sentenced to death, rather than the three-drug cocktail currently used by most states that utilize they death penalty.

The ruling only impacts the two individuals who were before Judge Burge, but I'd be surprised if this argument wasn't made in capital cases in Hamilton County.

CCV Is Bored

The CCV has grown tired of stamping out freedom for women, gays, and lesbians, and has now chosen to attack the freedom of speech and of the press.

Someone needs to find the Right Reverend Charlie Winburn a demon he can exercise. I'm thinking he try someplace out in Blue Ash or Indian Hill.

Last Day of Fringe!!!

Today is your last day to catch the Fringe Festival. Here are some good shows to try and see!

3:45PM - In Rehearsal
4:45PM - Undertow
5:00PM - Next to Not
6:30PM - UnMasked
7:00PM - Mortem Capiendum
             - Don't Make Me Pull This show Over...
8:00PM - Burning Man Redux
             - Anna the Slut and the (Almost) Chosen One
             - Fricative
9:00PM - Your Negro Tour Guide
9:15PM - Oatmeal and a Cigarette

Don't forget the after-party that beings at the Know Theatre at about 10:00PM, so come have a drink and here the announcement of the Pick of the Fringe.

You Asked For It

With only a little bit of fanfare, Avril-Bleh opened its grocery store on Court Street a couple weeks ago. Based on my quick trip there, the store offers some fresh produce, some dry and canned goods, a couple of coolers worth of beverages and dairy, some frozen food (including pints of Aglamesis' ice cream), and a deli counter that serves sandwiches to order.

The store keeps the same hour as the butcher shop, so it's closed on Sunday and Monday.

Perceptions

This week, my practice took me to Charlotte, North Carolina, for a few days. While I was on the hotel shuttle, I struck up a conversation with the driver about Charlotte. He asked me where I live. When I told him I live in Cincinnati, his immediate response was, "Have things settled down at all up there?"

Just one, isolated conversation, but it's eye-opening to see the lingering impact of the events that occurred in the early part of the decade on people's view of Cincinnati.

Anybody Heard Of Google?

So the Cincinnati School Board names five semifinalists for the position of Superintendent and within twelve hours has to withdraw one of the names -- Earl Watkins of Jackson Mississippi -- because of a male on male sexual harassment charge that no one, including the hired search firm, knew about. How stupid and inadequate can a process possibly be? What kind of politics is driving this process?

As an experiment, I sat down at my computer this morning and Googled the following: "Earl Watkins" Jackson Mississippi. The very first listing on my search results was a December 2006 television report from WLBT of Jackson with the headline -- "Principal Alleges Sexual Harassment by JPS Superintendent". The JPS Superintendent referred to here is Mr. Watkins. Result No. 2 from my Google search was an April 7, 2008 report from the Jackson Free Press (who knew Jackson, Mississippi had an alternative newspaper -- probably has a "creative class" population about the size of Cincinnati's "creative class) with the following lede: "JPS Superintendent Earl Watkins Resigning: After months of controversy stemming from a sexual harassment charge by a male educator, JPS Superintendent Earl Watkins announced tonight that he is resigning, effective June 2009."

Now the Cincinnati School Board paid some search firm $40,000 to vet these candidates. Nobody paid me anything to do a two second Google search --- who generated a better product? So here's a challenge readers, help the CPS out and do quick Google searches on the remaining four candidates and report your findings to the School Board. Maybe we can send them an invoice for our consulting work.

Indie Summer At Fountain Square

Friday nights all summer will start out with Fountain Square's Indie Summer Music Series. Three good local bands will be playing each week. Tomorrow night's line-up has:

• 7pm Harlequins (www.myspace.com/rememberthatband)
• 8pm Paper Airplane (www.myspace.com/therealpaperairplane)
• 9pm Cari Clara (www.myspace.com/cariclara)

Make sure you have a few beers and tip Well! Tips go to support Enjoy the Arts, a great organization.

Stay afterwards for Singer/song writer night from 10PM to Midnight.