[taxthedeer]

http://off2dr.com/smf/index.php?topic=11164.0

The Indiana Supreme Court has set a date for the execution of a Mishawaka man convicted of killing his wife, her ex-husband and her 11-year old son.

Wayne Kubsch is scheduled to be executed on April 6th of this year.

The bodies of Beth Kusbch, Rick Milewski and Aaron Milewski were found on September 18 1998.

Wayne Kubsch was tried twice for their murders, convicted twice and both times a jury recommended a death sentence.

The Indiana Supreme Court denied his latest appeal in October.

He claimed that prosecutors failed to turn over evidence, including a letter written by Mike Dvorak, before he was County Prosecutor, when he represented a man accused of conspiring with Kubsch.

The Defense argued Dvorak should have re-cused himself from the 2nd trial.

Prosecutors say Kubsch committed the murders to collect on a life insurance policy.

Kubsch still has several appeals he can file with federal courts, and that could delay his execution.

source: wsbt.com

[taxthedeer]

Federal Judge Stays April 6 Execution of Wayne Kubsch
April 1, 2011
A Federal Judge has stayed the execution of Wayne Kubsch scheduled for 12:01 a.m., E.S.S.T., Wednesday morning, April 6th, at the Indiana State Prison in Michigan City, Indiana. Kubsch is convicted of killing his wife, Beth Kubsch, her ex-husband (her first husband), Rick Milewski, and their 10 year old son, Aaron Milewski. All were found stabbed to death in the basement of the Kubsch home. Wayne Kubsch, seriously in debt, took a $575,000.00 life insurance policy out on Beth, just three months before the murder.

[taxthedeer]

A man was executed last week in Ohio last week with the single drug pentobarbital, its usually used to euthanzie animals. It did the job, the guy is dead.

http://thenewsdispatch.com/articles/2011/0...xt#blogcomments

State has run out of anesthetic used in executions

By Matt Field
Staff Writer
Published: Monday, April 18, 2011 10:48 PM CDT
MICHIGAN CITY — While Indiana State Prison death-row inmate Wayne D. Kubsch's received a stay of execution recently, the state would have run into problems if it had intended to put him to death in early April.

Indiana has run out of sodium thiopental, an anesthetic used in executions, Department of Correction spokesman Douglas Garrison said. Although 14 inmates sit on death row, including one woman being held in Ohio, Garrison said the lack of the drug will not stop executions.

"It is the IDOC’s expectation that we will be prepared to carry out the court’s order in the event an execution is scheduled," he wrote in an e-mail.

Garrison wouldn't discuss what efforts, if any, the state is making to acquire more of the drug.

"At this time, public discussion of our efforts to obtain sodium (thiopental) in order to carry out court-ordered executions would likely complicate our ability to do so, so I am not at liberty to be more specific," he wrote.

The only company that produced sodium thiopental domestically, exited the market in January after determining it could not produce the drug at an Italian facility. The company, Hospira, of Lake Forest, Ill., decided it could not meet the Italian government's demand that the drug not be used for executions.

According to the non-profit Death Penalty Information Center, of the 34 states that still have the death penalty, at least 16 including Indiana, have no sodium thiopental left. According to the center, legal challenges have put lethal injections on hold in several states.

Some states are switching to another anesthetic, pentobarbital, but Garrison would not say if any alternatives are being considered in Indiana.

"I think it would be fair to say that we won't talk about whether we're considering other alternatives," he said.

Garrison said that three drugs are used in Indiana. Inmates are anesthetized with sodium thiopental, paralyzed with pancuronium bromide and killed with potassium chloride, which stops the heart.

Kubsch was scheduled to die on April 6, according to news reports, but Indiana State Prison spokeswoman Pam James, said Kubsch's execution has been stayed until April 27. She said the prison does not have any active execution warrants, which are issued about 30 days before executions are to be carried out.