Just the everyday thoughts and observations from a nebraska woman.
What would be the harm?
Published on May 21, 2005 By Nebraskawoman In Current Events
Ok, I don't see why they rejected his request. What harm would come by this? He would still be put to death but his sister would have a chance to live. Why deny this lifesaving measure to an innocent person? He is still going to pay for what he did but another innocent person will be allowed to live. His sister doesn't deserve to die but without a liver transplant she could do just that. The Indiana Parole Board is essentially making a decision that could cause her death. Can anyone explain to me what harm would come from allowing this inmate a delay in his execution in order for him to undergo this medical procedure that will save his sister's life?{Sorry for going off on this little rant but this confuses me.

Inmate's Liver Donation Request Rejected
May 21, 2005 8:35 AM EDT
INDIANAPOLIS - The Indiana Parole Board voted unanimously Friday against a death-row inmate's request that his execution be delayed so he can donate part of his liver to an ailing sister.

The board recommended that Gov. Mitch Daniels deny Gregory Scott Johnson's request for clemency or a 90-day reprieve from his execution, scheduled for early Wednesday.

Johnson, who was convicted of the 1985 murder of 82-year-old Ruby Hutslar, said he wants time to donate part of his liver to his 48-year-old sister, Debra Otis, who lives in an Anderson nursing home.

Board member Randall Gentry suggested that media attention over the transplant issue had caused some to drift from the basic facts of the case - that Johnson had "admitted to the beating and brutal stomping death of a defenseless elderly lady."

Johnson, 40, was convicted of breaking into Hutslar's Anderson home, beating and stomping on her, then setting a fire to hide his crime. The state has said he admitted to the killing but changed his story after his conviction.

During a hearing before the board Monday, Johnson denied killing Hutslar but said he was in the house with an accomplice and set the fire.

The state attorney general's office took no position on the reprieve request, but said Johnson was clearly guilty and that his death sentence should be carried out.

Johnson's attorneys argue that he should be granted clemency on several grounds. Among other things, they said his case was not fully reviewed by the federal courts because an original appeal request was filed one day late. They also say prosecutors did not turn over certain evidence to defense attorneys before trial.

Michelle Kraus, one of Johnson's attorneys, said her client's blood type matches his sister's. She said that could make his liver compatible with Otis, but more time was needed to explore medical and ethical questions about such a transplant.

"He is trying to do something good," she said. "He has struggled to find good in his life."

Julie Woodard, Hutslar's great niece, said she did not wish any harm to Johnson's sister. But if Johnson were allowed to donate the liver, she said, "He is going to be remembered more as a hero for saving his sister than for this brutal murder."

Johnson's mother, Alice Newman, said she was devastated by the board's recommendation, but added that her son recently told her he is prepared to die if clemency is denied.

"I sometimes think that he'd be better off being put to death as he is staying in a little cubicle cell the rest of his life," Newman said.


Comments (Page 2)
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on May 22, 2005

Maybe we should ask ColGene. It's probably Bush's fault somehow or other.





The guys going to die anyways, even with the surgery, that just extends the date somewhat. So why not harvest any/all organs while they are getting the liver? Put him under for the surgery and he does wake up again. Dismantled for parts, so to speak. And not just him, let's go apply this to all people that would otherwise be executed. Might as well get some use out of them. And while we're at it, lets do the same with any criminal. Break the law, lose a kidney (or some other organ). Be a good law abiding citizen and have plenty of spare parts, should you need them.
How is that an argument against? I really don't think we as a society want to set the precident that certain people are spare parts for other people.


huh? are you being sarcastic, danny? This is not quite what we were talking about.

It isn't execution by means of surgery Danny. He would easily survive removal of a part of his liver just like thousands of others do every year. They just don't want to delay his execution long enough for the donation surgery to take place.

I can't think of a single logical reason for denying the donation. I suspect politics is involved, which always defies logic.


Logic, what is that?
I know it isn't execution, but was saying they could kill him that way and harvest all the organs for use elsewhere. Not that I was suggesting they do that, just trying to come up with a reason against the liver donation. It is a bit out there, I'll admit. And I'll agree, politics are rather illogical, mustn't be many vulcans involved in it


That is a little off from what we were talking about. He wants to volunteer to undergo medical tests to see if he is a match for his sister. I'm sure his family would be willing to take on the costs if it will save her life. So I'm still waiting to see the reasoning behind this decision.

Interesting issue and article NW. It is one that defies logic for sure.

Thanks.


I know there are many issues (supposedly) with allowing death row inmates to donate organs, but this case seems stupid.


I agree.
Supposedly the chemicals that are used for "the humane" execution of a prisoner can damage organs that might otherwise be used for organ donor purposes. Taking the organs in advance of the execution is a morbid thought, since the state would then have a vested interest in making sure that there were enough death row inmates available to help meet the organ needs of the public.



This is a little off topic too. We are talking about this inmate volunteering to donate part of his liver to his sister. No one is forcing this on him. And I highly doubt that it will ever be mandated that deathrow inmates are required to donate organs. So that arguement also flies out the window.

In this particular case, it seems that somehow the doctors should be able to speed up the operations they may want to perform, but on the other side, it just seems stupid that the state can't allow for a slight delay in the scheduled execution of this inmate.



I agree that there should be a way to speed up the process and it still makes no sense that the state refuses to give a little more time.


A thought just occurred to me. Since he is an inmate, wouldn't the state be responsible for his medical fees in this procedure? Perhaps there is a financial reason for their cold-heartedness being hidden behind the scenes.


not neccesarily. in our facility the county only pays for certain medical procedures. The costs of other procedures falls to the inmate and their families to pay. I'm sure in this case the family would be willing to find a way to cover the costs.

As far as I'm concerned all organs useable organs should be harvested from people as soon after death as possible. Of course, there are people who are against the use of body parts after death, and they should be free to use Living Wills to make their feelings known, but harvesting should be the rule, instead of the exception.


I disagree. I don't think anyone should be forced to give away part of their body even after death. I agree that living wills are great things, I've had one for 3 yrs. But I don't believe that the government or anyone else should be allowed to force someone to donate their organs not even postmortem.

That being said, what I wonder most in this case is, why would it cause a 90 day stay of execution? The procedure for removing part of a liver does not take 90 days and since the death row inmate does not need to be fully recovered from surgery in order to be executed, why not harvest and execute the same day?


I don't really know.

I would be against a general order to harvest only inmates, or only those scheduled for execution as the implications go far into the inhumane.

Organs and even whole cadavers are far too valuable to the future of our species to just fill them full of preservatives and stick them in the ground.


I would personally be against any order to harvest from anyone without them volunteering to undergo the procedure.

There's nothing wrong with our current system. If a person wants to be an organ donor it's indicated on their drivers license or they carry a card. The wholesale violation of people's religious beliefs should not be the rule. If it is unknown whether a person is a donor, the organs should not be "harvested" as this demeans people and reduces them to crops. Being an organ donor should be a voluntary thing, not mandatory unless otherwise stated. We're talking about human beings, not vegetables.


Amen!
on May 22, 2005
Well you and Gideon did ask for someone to argue from the other side, that was my attempt. I guess I shouldn't try to play devil's advocate anymore
on May 22, 2005
Sorry, we did ask. We tend to have tendency to try to tear apart the othersides arguments when we can. And this one was easy enough to do. Thanks for trying Danny. {hope I didn't offend you.}
on May 22, 2005
Nah, I wasn't offended, although I think I might have offended some. *shrugs* such is life...
on May 22, 2005
Okay...well...maybe there's this:

Maybe they think that if part of this lady's brother is transplanted into her, she'll take on some of his negative personality traits and start to behave like him after her recovery--stomping old ladies.

This again, goes back to prisoner dignity. If this inmate wants to do this, it would make sense to let him. Let him do just one thing right for his whole life, you know? Let him feel like he made the RIGHT choice just this once. What difference does it make if he dies today or tomorrow?

Maybe they should make that a new form of capital punishment--death by surrendering organs. But I bet the argument would prevail that the recipients of the felon-donated organs might take on some destructive personality traits. Heck...why not? If a person who is sentenced to die chooses to die this way, it's their one last chance to do something good for humanity, even if they screwed up their whole entire lives. It's painless...they're just not going to wake up, you know?

Great article, NW.
on May 23, 2005
How is that an argument against? I really don't think we as a society want to set the precident that certain people are spare parts for other people.


Danny,

We already HAVE set that precedent, if the person CHOOSES to be "spare parts". I have CLEARLY instructed to my family that, when I die, I want any and every part of my body that can be used to go to comeone who can use it. In short, when I die, I want to be "spare parts". And since this man has stated his WISH to donate his liver, he should get it, IMO.
on May 23, 2005
First of all, this guy has probably been on death row for years, why wait until his execution is imminent to make this request?

Secondly, I have a feeling it's all about money, who is going to pay for this very expensive surgery? Even if the sister has insurance, it wont cover the cost of the procedure on him, leaving the state holding the bag.


LW,

Frankly, I don't know the answer to your first question, but it's a good question.

As to the second question, perhaps it would be fair to stipulate that a harvest team be allowed in to harvest ALL of his organs, or none. I know from family experience that when a harvest team is brought in, it costs the donor's family nothing...and so there would be no cost to the state.

But it seems the state doesn't want to even allow this. And as far as I'm concerned, morally the family that insists on selfishly denying the potential recipients of this man's organs (they're not really denying this man anything; either way, he dies) is responsible for the deaths of those whose lives could have been saved.
on May 23, 2005
According to the local paper (I live in Indiana), there is no indication that the man is even a candidate donor, and he will be killed by lethal injection. Would the organ still be useable after that? If they removed the organ and let him die of that, I;m sure the ACLU would be up everyone's butts about it.
on May 23, 2005
The inmate is a possible candidate but needs to undergo more tests to make sure that he is a match. He was asking for a delay of execution so that he could undergo the tests that will determine if he is a match. The state doesn't want to wait for the tests or, if he is a match, the surgery. I don't know if the liver would be usable after the execution but he wants to do it before anyway and no one was ever seriously considering letting him die because of the surgery.
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