P R E S S   R E L E A S E
from
F L O R I DI A N S   FOR   A L T E R N A T I V E S
               TO THE DEATH PENALTY   (FADP)

25 January 2006

CONTACT:
Abe Bonowitz for FADP: 561-371-5204

Jonathan I. Groner, MD:  National Expert on Lethal 
Injection:  614-204-1824 - mobile / 614-722-3919 - Office


SUPREME COURT TO HEAR LETHAL INJECTION ISSUE
Executions On Hold Indefinitely?

The US Supreme Court today took up an appeal by Florida Death Row 
prisoner Clarence Hill, who won a stay from the high court last night 
as he was lying on the execution gurney with intravenous lines 
already established.

"This is a stunning and very welcome development that puts on hold 
all Florida executions and may well put a time out on all lethal 
injection executions in the United States," said Abe Bonowitz, 
Director of Floridians for Alternatives to the Death Penalty (FADP).

Hill's attorneys argued that the three chemicals used in Florida's 
lethal injection method of execution cause pain, making his execution 
cruel and unusual punishment.  It is important to note that the 
Supreme Court is not considering the constitutionality of lethal 
injection per se. Rather, it is considering a) whether Hill may 
pursue his claim and b) whether his claim is covered by federal civil 
rights law.  If Hill prevails on one of those two points, he gets to 
proceed with the claim itself.  Here are the two questions the 
Supreme Court will consider:

"1. Whether a complaint brought under42 USC Sec. 1983 by a 
death-sentenced state prisoner, who seeks to stay his execution in 
order to pursue a challenge to the chemicals utilized for carrying 
out the execution, is properly recharacterized as a habeas corpus 
petition under 28 USC Sec. 2254?
and
"2. Whether, under this Court;s decision in Nelson, a challenge to a 
particular protocol the State plans to use during the execution 
process constitutes a cognizable claim under 42 USC Sec. 1983?"


"We applaud this turn of events," said Bonowitz, "But the real 
torture in the death penalty is not in how we kill our prisoners, but 
in the conditions on death row and the waiting that is forced not 
only upon the prisoner and his family, but also upon the families of 
the victims who are told the lie that after an execution they will 
feel better.  FADP calls for the immediate abolition of the death 
penalty, and let's spend those millions of dollars that would be 
saved on services for victims families and crime prevention 
efforts.  We are just as safe and murderers are severely punished 
with life without parole, which is the alternative to the death 
penalty in Florida and just about every other state in the U.S."

***

Bonowitz is available for further comment at 561-371-5204

Jonathan I. Groner, MD, a national expert on lethal injection and 
physician participation in executions is available at 614-204-1824 
(mobile) and/or 614-722-3919 (office).  See a previous statement by 
Dr. Groner at http://www.cuadp.org/pressrel78.html.


  ###

SENT BY:

Abraham J. Bonowitz
Director


           Floridians for Alternatives to the Death Penalty (FADP)

           800-973-6548    http://www.fadp.org    <fadp@fadp.org>
                 PMB 335, 2603 DR. Martin Luther King Jr. Hwy
	                      Gainesville, FL  32609

Floridians for Alternatives to the Death Penalty works for restorative
justice in the form of effective alternatives to the death penalty.  It
does so by
     # supporting and coordinating the work of organizations and individuals
     # educating and energizing the general public and state legislators
     # supporting the many persons affected by capital crime and punishment
     # advocating specific legislative improvements