Lawyers: Obese Ohio
Inmate Faces 'Torturous' Death
Sep 18, 2012 3:40 AM (ET)
By ANDREW WELSH-HUGGINS
COLUMBUS, Ohio (AP) - A
condemned Ohio inmate who weighs 480 pounds and has a history of difficulty
losing weight argues he would face a "torturous and lingering death"
if executed in January.
Yes, at that weight his punishment may in fact
prove to be greater than that of a convicted premeditated murderer half his
weight. Oh, well. Them’s the breaks, you worthless killer. Let’s proceed; I'm all for a tortuous and lingering death for you, Mr. Post.
Ronald Post, who shot
and killed a hotel clerk in northern Ohio almost 30 years ago, said his weight,
vein access, scar tissue, depression 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 federal court papers filed Friday.
Why are we concerned about him or the
executioners experiencing “severe problems?”
In fact, if the executioners are paid by the hour, this is a better deal
for them. I think the hotel clerk Post
murdered experienced some severe problems, too, and the clerk’s family and
friends did as well, and are living those problems to this day. Why are we even listening to what he has to
say about the punishment directed by the state?
Why does he have a any kind of say in this?
Who cares about a gurney? Let’s get some carpenters to build a
makeshift table, stout and sturdy enough to hold him. That shouldn’t be too difficult. Some 4x4 posts and stout 2x6’s ought to do
it. Or he can just be made to lie on the
floor, where his victim ended up after he murdered her. The floor sounds like a fine additional
aspect of his punishment.
"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.
Well, his unique physical condition requires
unique physical adjustments to his execution—no big deal. As for serious physical and psychological
pain, that’s exactly what he deserves, a distinct and in my opinion intentional
aspect of his punishment, for the premeditated murder of a person in
furtherance of theft. He should be made
to suffer.
Post, 53, is scheduled
to die Jan. 16 for the 1983 shooting death of Helen Vantz in Elyria.
A spokeswoman for the
prisons department had no comment on the pending litigation.
Post's attorneys also
want more time to pursue arguments that claims of a full confession by the
inmate to several people have been falsely exaggerated.
So it sounds like he’s in prison and has been
telling people of his crime. Well, that
has nothing to do with his trial and conviction—the issue was decided then, and
he is guilty of the murder and was sentenced accordingly. This discussion has nothing to do with this.
"Post's case is
about more than his weight, and his life should be spared for reasons wholly
unrelated to his obesity," his federal public defender, Joseph Wilhelm,
said in a statement.
His obesity has nothing to do with his pending
execution. He is still the same person
who committed the murder and was convicted and sentenced for it. Simple workarounds need to be found and put
into action to carry out the sentence directed by the court. He was tried, convicted and sentenced, and
the sentence must be carried out. The
death penalty—no penalty, from a traffic ticket to death—has no power of
deterrence when the punishment comes decades after the crime.
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 267
pounds, was executed Oct. 14, 2008.
Good riddance to a convicted murderer.
In 2007, it took Ohio
executioners about two hours to insert IVs into the veins of condemned inmate
Christopher Newton, who weighed about 265 pounds. A prison spokeswoman at the
time said his size was an issue.
So did poor Christopher have an extra two hours
to consider his fate, question his actions, regret the decisions in his life,
and wallow in 120 minutes of terror while his execution slowly took shape? Well, then, good. It’s what he earned, and deserved.
In 1994 in Washington
state, a federal judge upheld the conviction of Mitchell Rupe, but agreed with
Rupe's contention that at more than 400 pounds, he was too heavy to hang
because of the risk of decapitation. Rupe argued that hanging would constitute
cruel and unusual punishment.
No, sorry, Mitch. You were a convicted and sentenced
murderer. Decapitation is just fine for
guys like you.
After numerous court
rulings and a third trial, Rupe was eventually sentenced to life in prison,
where he died in 2006.
So this waste got an additional 12 years of
life? Did his victims get an additional
12 years of life? No. Then why is he afforded this luxury?
Ohio executes inmates
with a single dose of pentobarbital, usually injected through the arms.
Why can’t convicted murderers be injected
through the eye? That sounds like good
punishment.
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 center nurse needed three
attempts to insert an IV into Post's left arm, the lawyers wrote.
So what?
So it takes a while and/or may take multiple attempts. So what?
This is the nature of the operation, given his unique physical situation,
so poor Post is just going to have to sit still and let them sort it out, so
the state can carry out the punishment it decided upon, the one he earned
through his actions.
A good three hours for him to sit there, fully
conscious and awake, would be time well spent in the course of his
execution. Let him contemplate his
actions for just a few hours more. If I
were running the event, I’d have a court officer read family testimonials and
key details of his trial and sentencing hearing, just to reinforce to him what
all the fuss is about.
Post has tried losing
weight, but knee and back problems have made it difficult to exercise,
according to his court filing.
Okay, sure, I don’t think he needs to be forced
to exercise, although that sounds like good punishment, too. I ask the simple question: does the hotel
clerk he shot have any current knee and back problems?
Post's request for
gastric bypass surgery has been denied, he's been encouraged not to walk
because he's at risk for falling, and severe depression has contributed to his
inability to limit how much he eats, his filing said.
Good—no elective surgery for any inmate,
anywhere, any time. If he’s at risk of
falling, then he can walk, or not, that’s up to him.
Depression affecting his inability to limit his
eating? What? Uh, he’s in a prison, a relatively closely
controlled environment. Why can’t they
limit his intake? That would tend to affect
how much he eats. Exercise or not, if
the prison takes charge of his intake, he’ll lose weight. So what if he’s hungry? Let him be hungry night after night, and
remind him why he’s being compelled to lose weight.
While at the Mansfield
Correctional Institution, Post "used that prison's exercise bike until it broke
under his weight," according to the filing.
Why was he given a bike to begin with? Why is the state spending this kind of money
on worthless dogs like him?