Welcome back to the David Dorer Show! This week is the “Is Nothing Private?” Edition where we will discuss the botched execution of Clayton Lockett and the secrecy following the atrocious affair, the Supreme Court hearing oral arguments on whether searching a cell phone without a warrant is permissible, and Donald Sterling‘s private conversation with his mistress that was recorded and ultimately led to him being banned from the NBA.
My panelists this week include T-Bone (@tboneafterkdark), Mr. E. (@RedECritique) and, Andrew, CEO of @RedClayTees.
We also have the joy of having as a guest on the show Sam Hart, whom is running for the Macon Water Authority to discuss the race and his objectives for Bibb County.
Follow me at @DavidTDorer, listen to the show on Stitcher, & subscribe on iTunes.
Here’s more reading so you can be informed:
THE EXECUTION OF CLAYTON LOCKETT
Clayton Lockett was sentenced to death after he kidnapped and forced his victim, Stephanie Neiman, to witness the gang rape of a friend of hers, and then beat and shot the 19-year-old and ordered accomplices to bury her alive. This was in 1999. His execution was scheduled to occur on April 29th, 2014.
There are three drugs used in a common U.S. lethal injection. First, there is the anesthetic – sodium thiopental; second, is the paralyzing agent – Pancuronium bromide; and finally is the toxic agent – potassium chloride, this stops the heart.
The problem with Mr. Lockett’s execution is that inconsistent variants on this process are being used because there is an EU embargo on the exportation of lethal injection drugs and technology to the United States. So, the drugs are hard to find, and they have to be made locally and with much less consistency and regularity. Because of the failures of the local drugs to work properly, Mr. Lockett’s body was sent out of state to Dallas County to have an autopsy done to determine cause of death. Officials surrounding the execution are pretty silent on the issue.
This is where our issues of privacy come into play: is it prudent for the government to keep quiet about a change in the way we execute our inmates that may be unconstitutional under current standing law? And, if the drugs are changed, the dosage isn’t consistent, is the act of administering lethal injection now “unusual” as defined by the Supreme Court so as to warrant a new Constitutional Review of its practice? Third, is it “cruel” that there may be no consistent way to arrive at the result of a fair and non-tortuous lethal injection under the new method? Finally, is the fact that the convicted person is dead and has no recourse to sue for a violation of his Eighth Amendment rights a factor in any of the other three questions?
WARRANTLESS SEARCHES OF CELL PHONES
The Supreme Court heard two cases this week on consolidated issues regarding whether or not a search incident to lawful arrest permits an officer to examine the contents of the arrestee’s cell phone without a warrant.The two cases, Riley v. California and United States v. Wurie, their dockets, and analysis of the arguments from a legal standpoint are available on my favorite website for SCOTUS information, scotusblog.com.
The order on these cases will not be available likely until the summer’s end; at which point we will revisit and discuss the Court’s legal ruling in another installment of Power Chords and High Courts; however, we will debate as if our dialogue is the binding law on this episode of the David Dorer Show.
BANNED FOR LIFE: DONALD STERLING
Donald Sterling, owner of the LA Clippers, was banned for life from the NBA by Commissioner Adam Silver because of this recording:
Here is Adam Silver’s breakdown of the penalties levied against Donald Sterling:
I’ve already discussed how the First Amendment doesn’t protect Mr. Sterling from private actions taken by associations like the NBA; however, is there something to the argument that Mr. Sterling’s privacy was violated?