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A View from the Cheap Seats

    Politics     Blog: A View from the Cheap Seats     Election Preview     State     National Politics

A view from the cheap seats

J. Garren Shipley By Garren Shipley - Daily Staff Writer

Garren Shipley has been covering Virginia politics since 2005. A native of East Tennessee, he got his first political bylines covering the statehouse in Nashville. He is a 2000 graduate of East Tennessee State University with a degree in mass communications and political science. He lives in Strasburg with his wife and daughter.
E-mail: gshipley@nvdaily.com | Phone: (540)-465-5137


One of the problems of putting together a major package like the one we've done on the Edward N. Bell case is that events often keep moving while we're trying to write. Given our distinct lack of psychics on staff, that's a major issue.

Sometimes it leads to wasted effort, not unlike the fourth part of the series I had written in recent weeks detailing Bell's forthcoming appellate process -- a story that was effectively shredded by Chief Justice John Roberts' stay order of this morning. Oh well.

Other times it leads to interesting but no longer relevant pieces of information, like this one, a reconstruction of the events leading up to and during an execution in Virginia. Monday's events could make this research irrelevant, but it's an interesting read (I'd like to think) nonetheless.

By the Numbers: Virginia's Lethal Injection Protocol

Unlike some other states, Virginia holds its death chamber protocols very close to the vest, refusing to release them except under the most limited circumstances, and then only when compelled by a federal judge.

But some of the contents of the state's executioners manual have been allowed to leak into the daylight via court proceedings, interviews and firsthand observations.
The following is a limited reconstruction of how executions are to proceed in Virginia, based on those sources that have become public:

• Up to two weeks before the execution
Prisoners are removed from death row at Sussex I and driven the 30 or so miles to the death house at Jarrat.

• About 8:30 p.m., execution day
The condemned is led from his cell to a shower, where he cleans up and re-dresses.

• About 8:50 p.m.
The condemned inmate is led in restraints to the execution chamber, where he is seated on the execution gurney, then placed on his back. Guards then strap the inmate down at various points.

• Immediately thereafter
A curtain dividing the witnesses from the prisoner is drawn, and the execution team starts two IVs, ideally one in each arm, for the purposes of administering the lethal chemicals.

Once the IVs are started and executioners have made certain that the restraints do not interfere with the flow of fluid from the IV's into the body, the team retreats behind a second blue curtain.

It is from behind this second curtain that execution team administers the lethal chemicals into the IV and watches a heart monitor previously attached.
The first curtain is re-opened.

• About 8:59 p.m.
The warden asks if the inmate has any final words.

• 9:01 p.m.
Following a final signal from a second prison official -- on the phone with the governor's office for the duration of the execution -- that no reprieve is forthcoming, the execution team behind the curtain begins to administer the lethal does of chemicals.

First, a dose of 2 grams of sodium thiopental anesthetic is pushed through the lines, quickly inducing unconsciousness, with most inmates "snoring" after about a minute.

The lines are then flushed with saline solution, and a dose of 50 milligrams of pancuronium bromide, is injected into the lines, paralyzing the inmate and hastening suffocation.

Executioners then flush the lines a second time, and inject the fatal dose of potassium chloride, which stops the heart in most cases within a minute or so.

• About 9:11 p.m.
If a heart monitor does not indicate a "flatline," a second dose of the two lethal chemicals are then injected via the second IV.

Once the heart monitor does show a flat line, the curtain is closed again and a physician examines the body and pronounces death.

-- Sources: Emmett v. Johnson, various filings, U.S. District Court opinion, U.S. Supreme Court briefs; "Virginia execution is smooth and clinical," by Alan Elsner, Reuters 1997, "Cruel and Unusual Punishment," by Jeff Sparrow, Sydney Morning Herald, January 2008; Bell v. Kelly, various filings, U.S. Supreme Court, U.S. Court of Appeals and U.S. District court, Tennessee Riverbend Maximum Security Prison Execution Manual, revised April 30, 2007.



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Bacon's Rebellion: Jim Bacon joins the "not a fan" club.

Republican Attorney General Bob McDonnell is also unamused. From the press release:

The Governor did not make his transportation plan available to Republicans until today so I am still reviewing the details. However, it is disappointing that the Governor's third transportation plan since taking office is basically the same as his first two.

Through all the conversations, negotiations, and debate of the past several years, the Governor has continued to rely on his belief in higher taxes with increased spending, going to the same government bureaucracies that have not delivered transportation services efficiently. At the same time, there's a total absence of innovation, creativity, privatization, and the use of technology to improve transportation.

Further, it is unfortunate that the Governor's plan relies on regressive taxes that place a disproportionate burden on lower and middle-class citizens. This is not the way to improve transportation in Virginia.





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A quick hit of the Virginia blogosphere on Gov. Kaine's transportation plan:

Not Larry Sabato: Not very pleased

Raising Kaine: A good start with some flaws, but the commenters aren't all on board.

Bearing Drift: Brian Kirwin is not a fan.

Virginia Virtucon: Photoshop. That's really all I'm going to say, lest I spoil it for others.

It's going to be an interesting summer on the square.





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As astute readers have no doubt noticed on our front page, the U.S. Supreme Court has issued a stay of execution for Ed Bell, the Jamaican national sentenced to die for the 1999 murder of Winchester Police Sgt. Ricky L. Timbrook.

The court's grant of certiorari certainly caught this Cheap Seater off guard, and for good reason. Getting a grant of certiorari from the nine justices is a bit like getting hit by lightning -- it doesn't happen very often, and when it does, it tends to make a big impact.

Needless to say we're working hard and fast to parse out what the court's decision means, where things go from here, but there's one political aspect that bears mentioning today.

Democratic Gov. Timothy M. Kaine was beaten about the head and shoulders during the 2005 campaign over Bell's case by Republican Jerry Kilgore. He took another good pummeling in April when he stopped Bell's execution seven days before it was scheduled to go forward.

Now, with the U.S. Supreme Court having taken the case, it is entirely possible that Democratic Gov. Timothy M. Kaine won't be the governor who decides whether to spare Bell's life, if such a decision even remains to be made.



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Democratic Gov. Timothy M. Kaine made it official today, calling the legislature back to Richmond on June 23 for a special session on transportation. He also rolled out his own plan to hike taxes to the tune of about $800 million per year.

Among the highlights, taken straight from the governor's press release:

·        Increases the existing statewide motor vehicles sales tax from 3% to 4% and dedicates all motor vehicle sales tax funds to maintenance;
·        Increases the statewide annual vehicle registration fee by $10 and dedicates those funds to maintenance.

Kaine has also called for more regional taxes for Hampton Roads and Northern Virginia, as well as a statewide increase in the grantor's tax on selling a home around the entire commonwealth.

Republicans have thus far been less than pleased with the plan. From Republican Lt. Gov. Bill Bolling's press release:

"Since he took office in 2006, Governor Kaine has relentlessly tried to raise taxes on Virginia's families to generate additional funding for transportation, even though such tax increases are unnecessary and are not supported by the vast majority of the people of Virginia.  The Governor's most recent transportation proposal is just the latest chapter in this never ending saga and I seriously doubt that it will be well received by Republicans in the General Assembly or the people of Virginia."

"While there is never a good time to raise taxes, I am also concerned by the fact that the Governor and Democrats in the General Assembly want to raise taxes by over one billion dollars at a time when economic growth is slowing, fuel and food costs are skyrocketing, and working Virginians are having a harder time making ends meet.  Increasing taxes now will unnecessarily hurt the economy and kill needed jobs.  In addition, Governor Kaine's tax increase plan is regressive and will hurt those least able to pay the most, including senior citizens on a fixed income and young families."

Other notable reactions will be added when they arrive...

UPDATE 1

From the House GOP Caucus:

"It is sad that in the middle of a recession, when average working Virginians are struggling to make ends meet, the Governor and the Democrats want to raise taxes by more than a billion dollars," lamented Delegate [Morgan] Griffith, [R-Salem, the house majority leader].  "

With gas prices over $3.50 a gallon, and the price of food sky-rocketing, working Virginians, young families and seniors on fixed incomes are especially hurting. To have government reach into their pockets again is something our caucus cannot support."

"Raising taxes now will pro-long the recession, cost jobs, and is just not needed. If members of the Democrat Caucus are intent on supporting these massive tax increases, I am very optimistic about our prospects in 2009."


UPDATE 2

From the Senate Democratic Caucus:

"We are pleased Governor Kaine recognizes the need for a statewide solution when it comes to transportation funding," said Senate Democratic Caucus Chair Sen. Mary Margaret Whipple (D-Arlington).  "Democrats are united in trying to find an effective and workable solution to our ever-growing transportation problems."

Senate Majority Leader Dick Saslaw, (D-Fairfax), who will lead the Senate negotiations with the House during the upcoming special session said, "We want to ensure that any transportation plan is fair to every region of the Commonwealth, provides enough funding, and has out-of-state drivers paying their fair share for the roads they use."


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It's true that books don't occupy a high perch here in the Cheap Seats. But occasionally one will get taken off the shelf and used for something other than a drink coaster, and at other times they're actually something that would interest folks who read these pixels.

So while we're waiting on Gov. Tim Kaine to call the year's second special legislative session, here's a selection of books for the politically minded:

Bias
Bernard Goldberg's book is the granddaddy of all books about dissatisfaction with the modern media, and a good read for any reporter who wants to step back and take a look at their own work with greater clarity.

What Liberal Media?
Eric Alterman answered Goldberg's challenge and provides a math-driven look at what he says is conservative bias in big media outlets. The numbers get a little heavy at times, but Alterman went out of his way to document his points. If nothing else, Alterman's book goes to show that nothing is either as good or as bad as people think it is.

Warrior Politics
Robert Kaplan's look at politics both modern and ancient is an enlightening (and somewhat depressing) assessment of how human nature rules all in the world of things political. Ancient Greece isn't as far from Washington or Richmond as you'd think.

Deliver the Vote: A History of Electoral Fraud, an American Tradition
Sleazy politics, vote buying and outright fraud are not in fact a recent invention, according to this informative tome. In fact, one of the first shady efforts to buy votes was right here in the Shenandoah Valley, as George Washington bought his way into the House of Burgesses with hard cider.

How the Republicans Stole Christmas
Bill Press is none too happy with the alignment of faith and politics in the modern Republican party, and calls on Democrats to enter the fray once again. Press lays out in detail how the current axis of Washington, Lynchburg and Virginia Beach came to be, and how it was not always so.

How to Rig an Election
GOP operative Allen Raymond's firm made one too many phone calls in New Hampshire a few years back, and it landed him behind bars. Raymond tells his behind the scenes tales of manipulation and gamesmanship all the way up to his departure for prison for jamming union phone lines during a U.S. Senate election. This book was interesting, yet creepy in that some people I've known and encountered in this business make an appearance.

Supreme Conflict: The Inside Struggle for Control of the United States Supreme Court
Jane Crawford Greenburg walks us through the history of the high court from the nomination of Justice Anthony Kennedy to the confirmation of Justice Samuel Alito. Each justice gets some time in the spotlight, fleshing out just what motivates each of the nine folks in robes. Reading this one has been of immeasurable help in covering the Edward N. Bell case.

Deer Hunting with Jesus
Joe Bageant's book could well have been titled "What's the Matter with Winchester?," as he explores the same themes of "What's the Matter with Kansas?," why a liberal or social progressive message doesn't seem to resonate or get votes in Virginia's northernmost city. Bageant's tale at times funny and heartbreaking, but it should come with a caveat for local readers: he changed the names to protect the innocent and guilty alike, but you'll probably recognize more than a few, which is kinda creepy.

The House
Think politics are rough and tumble now? Today's scrums in the halls of power are positively mild compared to what has come before. Robert Remini's book is a must read for anyone who wants to put today's political discourse into perspective.

Got a good one I missed? Drop me a line.



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...at least in the arena of endorsements.

The former Democratic governor and current U.S. Senate candidate had to do some hasty back-pedaling this weekend after endorsing former Strasburg Mayor Rich Orndorff in his run for Strasburg Town Council.

As my colleague Robert King reported here on Sunday, Warner endorsed Orndorff, but was apparently unaware of the former mayor's past brushes with law enforcement, notably two assault and battery charges of a domestic nature.

The pendulum moved quickly. Warner issued this statement on Saturday:

"Rich Orndorff has demonstrated a commitment to public service that is all too rare in public life today," the statement reads. "Having served both on the council and as mayor of Strasburg, he has the ability to foster healthy community-based change that makes a difference in people's lives."
Spokesman Kevin Hall announced that the governor had changed his mind on Sunday:

"We don't have all the facts, but we have enough for the governor to make the decision that he wants to rescind the endorsement," said Kevin Hall, Warner's spokesman.
Warner has been forced to change course rapidly on valley endorsements or appointments in the past.

In 2001, Warner removed Woodstock Attorney Bradley G. Pollack from the Virginia Waste Management Board for allegedly failing to disclose legal sanctions filed against him by a local court in the mid 1990s.





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One of the original ideas behind the Cheap Seats blog was to have a conversation with our readers, giving them a chance to point out when we get things wrong.

Well, one of our readers is Democratic Gov. Timothy M. Kaine's press secretary Gordon Hickey, and he takes exception to the way a story over the weekend characterized Kaine's stand on Virginia's gas tax.

Hickey wrote in over the weekend and asked for a correction to this story, in particular with regard to this sentence:

While [Kaine] hasn't rolled out a specific proposal yet, Kaine has said he'd like to see the gas tax increased along with the sales tax on automobiles.
While Kaine has advocated for a higher sales tax on cars -- increasing the rate from 3 percent to 5 percent --he hasn't taken a position on increasing the 17-cent per gallon gasoline tax, according to Hickey.

In an absolute technical sense, that's true. Kaine has never said directly that he supports raising the gas tax. But Kaine has certainly talked about how low the tax is, how it is inadequate for the state's transportation needs and the need for the legislature to make an "investment" in transportation.

Here's Kaine speaking at town hall in Front Royal in March and on WRVA's "Ask the Governor" program last week.

In light of those comments, I asked Hickey twice whether the governor would sign a bill that came out of June's likely special session that included a gas tax hike. I got no answer either time. Hickey also declined the offer of a story clarifying Kaine's position on the gas tax once and for all.

So in conclusion, Kaine didn't specifically say he supports a gas tax hike, but he certainly aimed his remarks in that direction. As usual, there's a Cheap Seat with Gov. Kaine's name on it if he or his office decide they want to clarify his position on the gas tax.

We'll even buy the popcorn.
 





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The Virginia Senate made quick work of a handful of changes proposed by Democratic Gov. Timothy M. Kaine on Wednesday afternoon, but that's about all that was moving fast on Capitol Square.

Republicans in the House of Delegates and Democrats in the Senate took some extra time in the afternoon to hash out their strategy for how to deal with a raft of vacancies on the bench around the commonwealth.

Judges in Virginia are in most cases elected by legislature. When the House and Senate are controlled by the same party, judicial elections are generally a quiet affair. But now that the Democrats are in control of the upper chamber, the two sides have been a loggerheads for months over which slate of candidates will get to put on the black robes.

Among the seats in limbo are the one being vacated by Judge John McGrath of Rockingham County, who also sits in other counties in the 26th Judicial District, including all of the Northern Shenandoah Valley.

Early reports from legislators and idle chatter in the hallways of Mr. Jefferson's Capitol suggest that an agreement won't be forthcoming today.

Stay tuned...

UPDATE 10:07 p.m.

After hours of wrangling (enough wrangling, in fact, to cover the drive from Richmond to Strasburg, dinner and a bath for a hyper 4-year-old) the Senate and House of Delegates have agreed on a slate of judges, including attorney Thomas J. Wilson IV, of Harrisonburg, to fill Judge McGrath's seat.






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If you listen closely, you can hear a rumbling in the distance. That's the sound of Virginia's whole political apparatus stirring from its months of slumber and preparing to head back to Richmond for tomorrow's reconvened session.

Both the Senate and House of Delegates will meet and deal with an unusually short list of amendments, as witnessed by the House and Senate calendars for the session.

Look for some minor fireworks over some of Kaine's budget amendments, but legislators and idle gossips alike say there could be a real blow-up over proposed amendments to Senate Bill 596. Find our background on the amendments here.

We'll also get our first look at the fight between House and Senate over hundreds of millions of dollars in bond funding for higher ed, state parks and hospitals in the second meeting of what has promised to be the first of two special sessions on the year.

See you in the galleries.



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