Except for punishment for outright perjury or planning to kill government witnesses, there is no penalty known to me against the defense side's engaging in perverse or deceitful behavior in order to advance the ball. Indeed, such behavior is not merely condoned but commended: The client is presumed innocent; actual innocence (or guilt) is all but irrelevant; the state employs politically ambitious and morally tone-deaf prosecutors; the cops cheat; and criminal punishment is per se the outcropping of a backward, racist American culture that needs stiff blowback in order even to start to straighten out. So if this particular client is guilty or even worse than guilty, hey, look, this is not my problem. The state has all the resources, and we need to wake up -- have a "national conversation" about justice, that is.
Ever heard that one before?
I mention it here because of an entry Doug Berman has up today titled, "Could poor health help save the life of Ohio's 'poster child for the death penalty'?" It's about an Ohio killer fighting off his scheduled execution because he is, so his lawyer claims, very ill. You have to read all the way to the end to get the punchline:
Campbell argues that poor health is one reason he shouldn't be put to death, but he used an earlier, false health claim to commit the crime that put him on death row. Campbell feigned paralysis from a glancing bullet wound suffered during a robbery arrest. As Campbell was being taken to the Franklin County Courthouse for a hearing on April 2, 1997, he sprang from his wheelchair, overpowered a deputy sheriff, took her gun and fled. He then carjacked Dials, who was at the courthouse to pay a traffic ticket. After driving Dials around for hours, Campbell ordered him onto the floor of his truck and shot him twice.
Want to frustrate the death penalty? Just keep lying. I must ruefully admit, it works much of the time.
Okay, I get that. When my allergies are acting up I have to ask the dental assistant to raise the back of the chair.
Any reason a lethal injection can't be done sitting up? That's how we used to do the gas chamber. Just attach a few straps so he doesn't fall over.
I’m confused. If the defense lawyer is saying, in effect, that putting Campbell through the lethal injection process would kill him without actually giving him a lethal injection, wouldn’t that accomplish the desired result? Seems like he could save the State a lot of money if he would just lay on his back.
People with lung diseases die horrible deaths every day, and no, that is not the desired result.
Odd at it seems, the desired result is for the murderer to die a death less painful than somewhere above 95% of law-abiding people are going to suffer when we go.