Ohio Attorney General Dave Yost is standing behind a new legislative that would bring nitrogen gas executions to the state, ending a yearslong unofficial death penalty moratorium.
SAN QUENTIN, CA - MARCH 13: In this handout photo provided by California Department of Corrections and Rehabilitation, San Quentin's death lethal injection facility is shown before being dismantled at San Quentin State Prison on March 13, 2019 in San Quentin, California. California Governor Gavin Newsom announced today a moratorium on California's death penalty. California has 737 people on death row, the largest death row population in the United States.
Yost announced the new legislative effort at a news conference on Tuesday. Sponsored by Republican state Representatives Brian Stewart and Phil Plummer, the bill will follow the recent use by Alabama state of nitrogen hypoxia for execution.
The Associated Press reported that the Ohio bill would give condemned inmates a choice between lethal injection and nitrogen gas but would require nitrogen gas to be used if lethal injection drugs are not available, according to Rep. Brian Stewart.
Why The Need?
Ohio has not executed anyone since 2018. In 2020, Republican Governor Mike DeWine revealed lethal injection is "no longer an option," citing a federal judge's ruling that the protocol could cause inmates "severe pain and needless suffering."
Stewart has criticized DeWine for postponing numerous executions over pharmaceutical companies' unwillingness to see their products used to put people to death. Stewart also mentioned Florida and the federal government have continued administering lethal injections despite Ohio's unofficial pause.
The Cincinnati Enquirer quoted Yost, who referred to Alabama's execution as a success, from his social media post last week, "Death row inmates are in greater danger of dying of old age than their sentence."
Representative Phil Plummer is placing heavy emphasis on extreme cases that have worked their way through the legal system for so many years.
"We need some closure for the victims in cases like these ones," he said.
Tuesday was not the first time Republican lawmakers have introduced an alternative execution method. In 2019, Rep. Scott Wiggam wanted to use fentanyl seized from drug busts to execute death row inmates. That idea never took off. Other states have allowed firing squads.
However, while Republicans are working to secure new methods, a bipartisan group of lawmakers has called for the end of the death penalty in Ohio, citing several reasons for rejecting capital punishment, including the cost, racial bias, wrongful convictions, and botched executions.
"If we profess to be pro-life how can we justify ending a life no matter the reason?" Rep. Jean Schmidt, R-Loveland, asked.
The Enquirer went on to report that Stewart, who says he's "pro-life," contended, "If somebody really can't fathom the difference between an unborn child that is innocent and a child murderer, I think their moral compass is pretty faulty." Yost replied, "There's a difference between an innocent life and a guilty life that has received due process."
Senate Minority Leader Nickie Antonio, who has advocated for ending the death penalty in Ohio, condemned the new proposal, "It is unfortunate that anyone would rush to the nearest camera to plead for the introduction of experimental methods to resume the barbaric practice," he told the Enquirer.
On Tuesday, republicans hope to spearhead the debate back to the table.
Ohio has 118 inmates on death row at present. While the debate is on between lawmakers, the state has carried out several executions over the years that include hangings, electrocution, and lethal injection.
