Ohio's Gov-elect produces capital wondering

January 5, 2007

Ohio's Gov-elect produces capital wondering

In posts following the November elections, I speculated here and here about how Ohio's new governor and attorney general might impact the death penalty in the Buckeye state. And, as detailed in this AP report, Gov-elect Ted Strickland is already making capital waves:

Strickland said Friday he will not have ample time to review the case of condemned killer Kenneth Biros before the scheduled execution date, signaling the likelihood that the first execution of his administration will be postponed. "In talking with my legal counsel and with Gov. Bob Taft's legal counsel, they have told me there is no way that we can have time to do the kind of analysis dealing with that that Bob Taft does," Strickland told The Associated Press. "It takes him much longer than that amount of time that I would have."

The statement was met with unified wonder by those for and against the death penalty: Does this mean the new governor is reconsidering the death penalty? "We've been through this before with Gov. (Richard) Celeste, but he did it when he was leaving office," said John White, immediate past president of the Ohio Prosecuting Attorneys Association. "But to have a new governor doing it on the way into office, it may set the stage for the battleground."...

Jim Tobin, a spokesman for Ohioans to Stop Executions, said governors in other states are increasingly concerned about the fairness of the death penalty and whether lethal injection causes undue pain and suffering. "We commend the governor for wanting to take his time and be very deliberate on the death penalty," he said.

Strickland, who takes office Monday, would have 16 days to review Biros' case if his execution is carried out on its scheduled date of Jan. 23. Strickland said Taft's reviews have typically taken at least several months.

UPDATE AND REACTION: Additional local coverage of Strickland's intriguing first foray into Ohio's death penalty administration can be found in the Columbus Dispatch and the Cincinnati Enquirer.

Considering the nature and timing of Strickland's comments, I view his statements as an effort to assess the status and strength of Ohio death penalty opinions as he enters office. As the news articles note, the Biros execution has already been stayed by a federal district court and Strickland could have waited until that stay was fully adjudicated before commenting upon the timelines of his clemency review. But, rather than play this issue close to the vest, Strickland decided to get in front by stressing the importance of avoiding a rush to judgment on death penalty issues. Perhaps he is hoping to discover ASAP if the public and editorial page writers will praise or assail his emphasis on deliberation.

All this reinforces my sense that capital times will be very, very interesting in Ohio throughout 2007 (although, for the next 3 days, the subject will continue to be eclipse in the Ohio media by a big football game).