Life through my branches

Life through my branches

4.6.08

The problem with assumptions

DALE RECINELLA SPECIAL TO THE FLORIDA CATHOLIC
Published: 06.06.08

When I was an economics major attending Catholic college in Kentucky almost 40 years ago, a popular academic joke was: "Two economists find themselves thousands of miles from civilization stranded on a deserted island where there is no edible vegetation and there are no animals. How do they survive?" The punchline was: "One of them assumes he has a can of food and the other one assumes he has a can opener."
The point of the jest is that the discipline of economics is fragile indeed, because the outcome of the deliberations always rests on the assumptions. The result is only as good as those assumptions. My specific discipline was mathematical economics and the assumptions were frequently stated in statistical formulae that ran for pages. Yet, no matter how complex or intriguing the integrals and summations of the model might be, the juice was always in the assumptions.
All this quickly came to memory as I read the seven opinions totaling a hundred pages that comprise the recent U.S. Supreme Court's decision authorizing Kentucky to proceed with lethal injections. Contrary to the pronouncements by many pro-death spin doctors, the court did not rule on the constitutionality of capital punishment in America. I know that because the justices said so. Their written opinions say that, for purposes of the Kentucky decision, capital punishment is assumed to be constitutional.
That is not all. Contrary to the sound bites in the media, the U.S. Supreme Court did not even rule on the constitutionality of lethal injection. Once again, I know that because they said so. Their opinions say that, for purposes of the Kentucky decision, lethal injection is assumed to be constitutional.
So what did the U.S. Supreme Court actually decide about capital punishment? The answer is: incredibly little. In the 7 to 2 decision, the highest justices in the land proclaimed that assuming capital punishment is constitutional in the U.S. and assuming lethal injection is a constitutional way of killing people in the U.S., then the two death-row inmates from Kentucky had failed to put forward enough evidence to justify forcing Kentucky to change the chemicals that the state uses to kill people.
Actually, the result is even more narrow that that. The Supreme Court justices, ruling in favor of Kentucky, relied heavily on the fact that Kentucky did not botch its one lethal injection.
Perhaps this is why even some of the justices who agreed with Chief Justice John Roberts predicted the decision would spawn an explosion of death penalty appeals. For example, what about the states that have had problems with lethal injection? What about states like Florida that has had horrendous problems? What about states like Ohio that have had people screaming in agony on the gurney? What about California, and Missouri, and North Carolina and all the others that have not had a one-good for one-shot record?
The most disturbing element of the narrow decision has gone unmentioned in the press. Most states prohibit the lethal injection chemicals used by Kentucky (and the other lethal injection states) from being used to euthanize animals because they can cause extreme and unnecessary agony and suffering. What was the authoritative source used by our five Catholic Supreme Court justices to override that concern?
The authority that our Catholic Chief Justice Roberts cites for this purpose is none other than the horrendous handbook for assisted suicide and euthanasia in the Netherlands. Our Catholic Supreme Court justices are citing the Dr. Kevorkians of northern Europe as authority for lethal injections in America. The Dutch bible of the culture of death has now been enshrined in our case law.
Dare we assume that the precedent set by the Kentucky case will never be applied to us in our nursing homes? That is not an assumption I would bet money on.

Recinella is the coordinator of Death Row Ministries, St. Mary's Church, Macclenny.
http://www.thefloridacatholic.org/rop/2008_rop/2008_roparticles/20080606_rop_recinella_assumptions.php

2 comments:

dudleysharp said...

It is important to fact check.

Veterinary Claims a Distortion of Reality: Human Lethal Injection
Dudley Sharp, Justice Matters, contact info, below

Within the death penalty debate, there is an allegation that veterinarians are prohibited from using pancuronium bromide or Pavulon, the paralyzing agent used in human lethal injection, because it may cause and/or mask pain to the animals, within the euthanasia process.

It is also stated that vets are prohibited from using potassium chloride, the heart stooping drug, used thirdly, in the three drug human lethal injection protocol.
 
In turn, this is used as a new anti death penalty sound bite -  "It is too cruel for animals, but we use it on people."

First, the The American Veterinary Medical Association (AVMA) recommendations of 2000 (1) , inadvertently, support the human lethal injection protocol -- the opposite of what the detractors have been claiming.

AVMA: "When used alone, these drugs (paralytics) all cause respiratory arrest before loss of consciousness, so the animal may perceive pain and distress after it is immobilized." (2)  

Obviously,  no state, which practices human lethal injection, uses a paralytic without an anaesthetic --  EVER. The anesthesia is always used first. It appears that these absurd claims, falsely attributed to veterinary literature,  have been a bald faced lie by anti death penalty activists. 
 
To claim that paralytics are condemned in veterinary euthanasia, without mentioning the specific context, is an intentional deception. (The AVMA does not mention the specific paralytic used in lethal injection for humans).
 
Secondly, if properly anesthetized, as in human lethal injection, there would be no pain experienced when using Pavulon.  That is also well known.

Thirdly, in Belgium and the Netherlands, their euthanasia protocol is as follows: A coma is first induced by intravenous administration of 20 mg/kg sodium thiopental (Nesdonal) (NOTE-the first drug in human lethal injection) in a small volume (10 ml physiological saline). Then a triple intravenous dose of a non-depolarizing neuromuscular muscle relaxant is given, such as 20 mg pancuronium bromide (Pavulon) (NOTE-the second drug, the paralytic, in human lethal injection) or 20 mg vecuronium bromide (Norcuron). The muscle relaxant should preferably be given intravenously, in order to ensure optimal availability. Only for pancuronium bromide (Pavulon) are there substantial indications that the agent may also be given intramuscularly in a dosage of 40 mg.(3)

Just like execution, lethal injection in the US, although we give a third drug which speeds up death.

Fourth, the AVMA, similarly, prohibits the use of potassium chloride, "WHEN USED ALONE". (4) (my capitalization for emphasis).

Of course, human lethal injection uses the two previously mentioned drugs, prior to injection of the potassium chloride - it is never used alone. This is well known, as well, thereby revealing more deceptions by the anti death penalty cabal.
 
Fourth,, the AVMA, specifically, cautions (5):
 
"1. The guidelines in this report are in no way intended to be used for human lethal injection.
2. The application of a barbiturate, paralyzing agent, and potassium chloride delivered in separate
syringes or stages (the common method used for human lethal injection) is not cited in the report.
3. The report never mentions pancuronium bromide or Pavulon, the paralyzing agent used in human
lethal injection."

Obviously, the AVMA is saying DON'T use our report to draw any inferences with regard to the human lethal injection protocol.  Of course, death penalty opponents decided to ignore that responsible request.
 
The AVMA continues:

"Before referring to the 2000 Report of the AVMA Panel on Euthanasia, please contact the AVMA to ensure the association's position is stated correctly. Please contact Michael San Filippo, media relations assistant at the AVMA, at 847-285-6687 (office), 847-732-6194 (cell) or msanfilippo(at)avma.org  for more information or to set up an interview with a veterinary expert." (5)

Death penalty opponents ignored that request, as well.
 
Based upon this literature, it is clear that this veterinary nonsense was another anti death penalty fraud, which, sadly and often, escaped media fact checking, but not media repetition.
 
The AVMA approves of  "potassium chloride in conjunction with prior general anesthesia" (6) for animals --  this is the drug protocol used within most lethal injection protocols, with the exception of the paralytic used in between. 
 
This actually shows support for the human lethal injection protocol, however unintended.

First, this two drug protocol is approved by AVMA, for animals. 

Secondly,  a disadvantage listed by AVMA for potassium chloride is "clonic spams" (7)  --  rapid and violent jerking of muscles soon after injection of the potassium. The paralytic drug, used second, within the human lethal injection protocol, helps to reduce, or eliminate, this effect.
 
In other words, a review of the AVMA literature finds much support, however inadvertent, for the human lethal injection protocol and nothing that conflicts with or condemns it.
 
Hopefully, this newest, blatant distortion by the anti death penalty crowd will soon fade.
 
----------------------
 
Veterinary use of sodium pentobarbital
 
"Pentobarbital is a barbiturate that is available as both a free acid and a sodium salt, the former of which is only slightly soluble in water and ethanol." (8)  (NOTE -- I don't believe this is used for human lethal injection).
 
"Veterinary medicine
In veterinary medicine sodium pentobarbital—traded under names such as Sagatal—is used as an anaesthetic.UBC Committee on Animal Care (2005). Euthanasia. SOP 009E1 - euthanasia - overdose with pentobarbital. The University of British Columbia. URL accessed on 4 October, 2005. Pentobarbital is an ingredient in Equithesin." (7)
 
"Veterinary Euthanasia
It is used by itself, or more often in combination with complementary agents such as phenytoin, in commercial animal euthanasia (2003). ANESTHESIA AND ANALGESIA. Animal Use Protocols. University of Virginia. URL accessed on 4 October, 2005. injectable solutions. Trade names include Euthasol, Euthatal, Beuthanasia-D and Fatal Plus. "(7)
 
 
1)  www(dot)avma.org/issues/animal_welfare/euthanasia.pdf
   Appendix 1, page 693
 
2)    www(dot)avma.org/issues/animal_welfare/euthanasia.pdf
          Appendix 4, page 696

3)http://wweek.com/___ALL_OLD_HTML/euthanasics.html

4)  www(dot)avma.org/issues/animal_welfare/euthanasia.pdf
         Page 681
 
5)   www(dot)avma.org/issues/animal_welfare/euthanasia.pdf
         Cover Page
 
6)   www(dot)avma.org/issues/animal_welfare/euthanasia.pdf
         Page 680
 
7)    www(dot)avma.org/issues/animal_welfare/euthanasia.pdf
         Page 681
 
8)    http://psychcentral.com/psypsych/Pentobarbital     


copyright 2005-2008 Dudley Sharp
 
Dudley Sharp, Justice Matters
e-mail  sharpjfa@aol.com,  713-622-5491,
Houston, Texas
 
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
 
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
 
Pro death penalty sites 

homicidesurvivors(dot)com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx

www(dot)dpinfo.com
www(dot)cjlf.org/deathpenalty/DPinformation.htm
www(dot)clarkprosecutor.org/html/links/dplinks.htm
joshmarquis(dot)blogspot.com/
www(dot)lexingtonprosecutor.com/death_penalty_debate.htm
www(dot)prodeathpenalty.com
www(dot)yesdeathpenalty.com/deathpenalty_contents.htm  (Sweden)

Permission for distribution of this document, in whole or part, is approved, with proper attribution.

Anonymous said...

*reaching for spray-can of Troll-B-Gone*


Dudley, precious....


One of the problems that the AVMA had with inadvertently becoming part of the CP-debate one the issue of LI is that, when warning about the 3-drug procedure, what they were specifically discussing was mixing 2 or more drugs in the same syringe (which presents the risk of crystallization, as John Wayne Gacy's hapless executioners might tell you). There seems to be some unresolved issue in regard to how this warning was interpreted and subsequently applied in the context of using the chemicals to kill humans -- what you claim as deliberate dishonesty on the part of anti-dp advocates.


But before you jump to the conclusion that the AVMA "inadvertently shows support" for the method of killing humans (a method you seem to cling to for whatever reason), allow me to draw your attention to this statement:


"The guidelines were developed to provide guidance for veterinarians when euthanizing animals. They are not intended to serve as guidelines for the euthanasia of human beings," said Dr. Gail C. Golab, director of the AVMA Animal Welfare Division


What you're conspicuously avoiding in your perpetual outrage about death penalty opponents and their alleged dishonesty is that, when they were looking into the issue they found that, because LI is administered by unskilled individuals, there wasn't an awful lot of research data on human euthanasia, so the next-best thing was to look at animal euthanasia (with the AVMA thus inadvertently becoming a part of the debate). Hence, the impasse you describe (however, in the light kindest to your argument).


I think it has long since been admitted that the protocol, if administered flawlessly, is painless; conversely, it has been shown that if it is administered incompetently, it is anything but. It has furthermore been shown that the LI-protocol has been, and continues to be, administered by people who are not qualified to do so -- and herein lies the problem, Dudley.


Your side's response has been to say, basically, that those condemned to death are not entitled to a guarantee of a painless execution. Trying to involve personnel that is qualified to administer LI not being an option, your side wants to simply retain the status quo, only making the process even less transparent, rendering it even more difficult to challenge.


So I'm curious, Dudley: Thus far, at least, your side has won; you can continue to kill those people you wish to kill to your heart's content, using the same ol' 3-drug protocol unaltered, and administered by unskilled personnel. And yet, you're still here on some obscure blog, whining about a controversy that was resolved months ago. If, as it would appear, you have become a full-time pro-cp hack, doesn't that position come with benefits, such as vacation time? Because, as the saying goes, "absence makes the heart grow fonder" -- and I think, Dudley, that if you were to never post another comment here, we'd appreciate you so much more.


Lisa



WHAT'S IN THE BROWN PAPER BAG?

What's In the Brown Paper Bag ?
By Luis Ramirez #999309

I'm about the share with you a story who's telling is long past due. It's a familiar story to most of you reading this from death row. And now it's one that all of you in "free world" may benefit from. This is the story of my first day on the row.I came here in May of 1999. The exact date is something that I can't recall.I do remember arriving in the afternoon . I was placed in a cell on H-20 wing over at the Ellis Unit in Huntsville, Tx.

A Tsunami of emotions and thoughts were going through my mind at the time. I remember the only things in the cell were a mattress, pillow, a couple of sheets, a pillow case, a roll of toilet paper ,, and a blanket .. I remember sitting there, utterly lost.The first person I met there was Napolean Beasley. Back then, death rowprisoners still worked . His job at the time was to clean up the wing and help serve during meal times. He was walking around sweeping the pod in these ridiculous looking rubber boots. He came up to the bars on my cell and asked me if I was new.. I told him that I had just arrived on d/r.

He asked what my name is. I told him., not seeing any harm in it. He then stepped back where he could see all three tiers. He hollered at everyone, "There's a new man here. He just drove up. His name is Luis Ramirez."When he did that, I didn't know what to make of it at first. I thought I had made some kind of mistake.

You see ? Like most of you, I was of the impression that everyone on d/r was evil. I thought I would find hundreds of "Hannibal Lecter's in here. And now , they all knew my name. I thought "Oh well," that's strike one. I was sure that they would soon begin harassing me. This is what happens in the movies after all.Well, that's not what happened .

After supper was served. Napolean wasonce again sweeping the floors. As he passed my cell, He swept a brownpaper bag into it. I asked him "What's this"? He said for me to look inside and continued on his way . Man, I didn't know what to expect. I was certain it was something bad. Curiosity did get the best of me though. I carefully opened the bag. What I found was the last thing I ever expected to find on death row, and everything I needed. The bag contained some stamps, envelopes notepad, pen, soap, shampoo, toothpaste, tooth brush, a pastry, a soda, and a couple of Ramen noodles. I remember asking Napolean where this came from ?He told me that everyone had pitched in . That they knew that I didn'thave anything and that it may be a while before I could get them.

I asked him to find out who had contributed . I wanted to pay them back. He said, "It's not like that . Just remember the next time you see someone come here like you.You pitch in something ?"I sat there on my bunk with my brown paper bag of goodies, and thought about what had just happened to me. The last things I expected to find on death row was kindness and generosity. I thought of how many times I had seen "good people" of the world, pass by some man, woman, or child holding a sign that read, "Hungry, or will work for food." I'm guilty of the same. I just passed them by.

By the end of the block, or upon reaching my destination . That poor, hungry, tattered, and perhaps dirty , soul had been forgotten. Lost among my daily challenges and struggles with life. Yet, here on death row Among the worst of the worst . I didn't have to hold up a sign.They knew what I needed and they took it upon themselves to meet thoseneeds.They did this without any expectation of reimbursement or compensation. They did this for a stranger, not a known friend. I don't know what they felt when they committed this act of incredible kindness. I only know that like them,, twelve "good people" had deemed me beyond redemption.

The only remedy that these "good people" could offer us, is death. Somehow what these "good people" saw and what I was seeing didn't add up. How could these men, who just showed me so much, humanity, be considered the "worst of the worst."It chills me to my core when I think about it. Those twelve "good people" were given this enormous God like responsibility . They had to decide who lives, and who dies. The state of Texas gave them this responsibility. But they didn't give them any God like training.

I'm sure that they all meant well. They probably thought, as the DA and judge told them, that they were doing their civic duty. I personally have never considered murder a civic duty. That aside, how many times have we gotten this wrong ? I'm on the inside looking out now. I have that advantage over you. So I can tell you this. I have yet to meet a man here who I feel is beyond redemption. If you took a good look, and I invite you to do that, You may just come to realize how often you have been wrong.Ever since Napolean was executed, for a crime he committed as a teen. I've wanted to share this story with his family.

I've never been able to find anyone with their address. If anyone out there can share this with them, I would appreciate it very much. I would like for them to know that their son was a good man. One who I will never forget. I want for them to know how sorry I am that we as a society failed them and him. I still find it ridiculous that we as a people feel that we cannot teach or love our young properly. I'm appalled at the idea that a teen is beyond redemption, that the only solution that we can offer is death. It's tragic that this is being pointed out to the "good people" by one of the "worst of the worst." God help us all.What's in the brown paper bag? I found caring, kindness, love, humanity, and compassion of a scale that I've never seen the "good people" in the free world show towards one another.

Luis Ramirez# 999309
Executed October 20, 2005
http://www.deathrow-usa.us/luis_ramirez.htm

Luis Ramirez