Ty Alper

Ty Alper Raises Ethical Question About Lethal Injection

The Chronicle-Telegram, June 1, by Brad Dicken

While the three-drug cocktail may appear to offer a peaceful death to witnesses because the condemned is paralyzed, there’s no way to know for certain if there is suffering, Alper said…. “The question is whether we want to risk an execution being botched just so the people watching an execution are spared seeing the body’s natural reaction to death,” said Alper.

Ty Alper Predicts Lethal Injection Ruling Will Result in New Litigation

Associated Press, April 16, by Mark Sherman

Ty Alper, a death penalty opponent and associate director of the Death Penalty Clinic at the University of California-Berkeley School of Law, said he expects challenges to lethal injections will continue in several states.

Columbus Dispatch, April 17, by Alan Johnson

“States and the federal government have cloaked their lethal-injection procedures in secrecy,” said Ty Alper…. “But the discovery process has revealed alarming problems with the administration of lethal injection in many states, and nothing in today’s decision prevents the lower courts in those states from addressing those problems under the Eighth Amendment.”

Sacramento Bee, April 17, by Denny Walsh

“What’s now holding up executions in California is that case,” Alper said. “We won’t know what the state’s procedure might be until that case plays out.”

KPFA, April 20, by Mitch Jeserich

“The controlling opinion in the ruling said that where there is a failure of the first drug … there is a constitutionally unacceptable risk that the second two drugs in the procedure will cause excruciating pain and suffering. Now a majority of the court found that the Kentucky plaintiffs … didn’t make their case that that risk was there. But the opinion certainly left the door open for death row inmates in other states to bring forth the kind of evidence that the court suggested would amount to a constitutional violation.”

Washington Post, April 23, Darryl Fears

Ty Alper said the Supreme Court’s ruling in the Kentucky case means nothing has changed: State officials will try to carry out executions and opponents will question their procedures. “It’s going to be like it was before,” Alper said. “In some states, prison officials are going to be pushing for round-the-clock injections—there are 40 or 50 in Texas. The open question will be whether those states can reach the standard that the court has set for lethal injection.”

Ty Alper on Release of Inmate Walter Rhone, a Death Penalty Clinic Client

The Recorder, July 23, by Petra Pasternak
http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1184956608774 (requires registration)

Ty Alper…said that Alabama courts are “very hostile to people convicted of horrible crimes,” and that it’s very rare to help a man walk out of prison free. This was a first in Alper’s legal career, he said.

KCBS (740 AM), July 22 podcast

“We started looking into his case and it wasn’t until then that we realized not only was this guy innocent, but there was outrageous misconduct…”

San Francisco Daily Journal, July 20, by Tim Hay
(requires registration)

“His own lawyers didn’t do him any favors…They didn’t investigate his case. But (Rhone) was smart enough to know he needed lawyers, and desperate enough to trust a stranger…”