The Plain Dealer cleveland.com Wednesday, July 26, 2017 EXECUTE FROM A1 But the state won on appeal and, without a stay from the U.S. Supreme Court, officials with the Ohio Department of Rehabilitation and Correction have been moving forward with Phillips' execution. Meanwhile, death penalty opponents have called on Gov. John Kasich to hold off on all executions until the lawsuit is heard on its merits or until reforms are made to ensure innocent men and women are kept off death row. Kasich has shown no sign of doing that.
'Worst of the worst' Sheila Marie Evans had been in Phillips' care on the day she died, Jan. 18, 1993. She was taken to Akron Children's Hospital and later died there. The Summit County coroner determined she died as the result of beatings to her abdomen over several days. The coroner identified 125 bruises on her body and said Sheila would have suffered from intense abdominal pain, been unable to eat, vomited and been listless in the days before her death.
A final beating on the morning of Jan. 18 caused part of her small intestine to rupture. The coroner also determined Sheila had been anally raped several times, including the day she died. Phillips confessed to hitting the girl, throwing her against the walls and dragging her by her hair that day and to raping her on previous occasions. Evans' mother, Fae, was sentenced to 13 to 15 years in prison for child endangering and involuntary manslaughter and died in 2008.
Kasich declined clemency for Phillips in 2013 and carlier this year, both times at the recommendation of the Ohio Parole Board. The board said Phillips' crime was "among the worst of the worst capital crimes." "Its depravity is self-evident. Words cannot convey the barbarity of the crime. It is simply unconscionable," the board stated in its 2013 report. Several delays Phillips' execution has been postponed several times.
The day before his November 2013 execution date, Kasich granted Phillips a reprieve so he could explore donating his organs, including giving his mother a kidney. Phillips missed the state deadline to donate the kidney, and the prisons department turned down his request to donate organs after his death. His mother has since died. The next man executed after Phillips' date, McGuire, was the first and last to be killed using a new two-drug co*cktail: midazolam, a sedative, and hydromorphone, a morphine derivative. McGuire gasped and coughed for 26 minutes once the drugs were intravenously administered, according to witnesses.
McGuire's family and other death-row inmates sued the state. Other states including Arizona and Alabama also had problematic executions using midazolam, a sedative commonly used for dental and other minor procedures. Arizona has since pledged not to use the drug. Eight of the 14 executions carried out this year have used midazolam. Ohio legislators in 2014 passed a law granting secrecy to compounding pharmacies that mix execution drugs in the hopes of obtaining pentobarbital, which the state used for years before the drug manufacturer stopped making it available for use in executions.
But it didn't help. Court battles The U.S. Supreme Court in 2015 OK'd states' use of midazolam, which critics say is too weak to mask the pain of drugs used to stop the inmate's heart and breathing. In October 2016, Ohio officials announced a new threedrug co*ck- Phillips tail of midazolam, rocuronium bromide and potassium chloride. Death penalty opponents challenged the new combo in court, arguing it would violate the Eighth Amendment to the U.S.
Constitution, which bans cruel and unusual punishment. A federal magistrate in Dayton said the use of midazolam as the first drug would create a "substantial risk of serious harm" and granted a preliminary injunction while the case went to trial. A three-judge panel at the 6th U.S. Circuit Court of Appeals agreed with the lower court and barred the state from using potassium chloride or a paralytic because the state had said in 2009 it wouldn't use those drugs. But the full 6th Circuit sided with the state.
Judge Raymond Kethledge wrote in the majority opinion that "some risk of pain 'is inherent in any method of execution no matter how Phillips and the next two inmates to die, Gary Otte and Raymond Tibbetts, appealed the decision to the U.S. Supreme Court last week. In an amicus brief filed Monday, a group of 15 pharmacologists said midazolam was "unsuitable" for executions because it is "incapable of inducing unconsciousness and cannot prevent the infliction of severe pain." In a second appeal, Phillips' attorneys argue he should be spared because of his age at the time of the murder, 19. The Ohio Supreme Court bars executions of juveniles under age 18; Phillips' appeal argues the age should be 21. Reputation at stake Robert Dunham, executive director of the Death Penalty Information Center, said last Wednesday that Ohio's reputation is at stake.
The research group does not take a position on the death penalty but has been critical of its application. Dunham said Ohio had been acting responsibly by delaying executions while the lawsuits went through the courts. But Dunham said continuing the use of midazolam despite concerns while failing to take up the state death penalty task force's recommendations is reckless. The anti-death penalty group Ohioans to Stop Executions delivered more than 100,000 signatures to Kasich's office in the past week, urging him to stop all 27 executions scheduled through 2020. In lawsuit briefings, prison officials said they have enough drugs to execute several inmates.
"Nobody else in the North has come anywhere close to executing anybody recently," Dunham said. "It would more cast Ohio as an outlicr not only regionally but nationally." Resolution for victim's family Sheila Marie Evans' family has been waiting 24 years for a resolution. Family members pleaded with the parole board to let the execution move forward to bring the family closure. At the December clemency hearing, Renee Mundell said her half-sister's violent death settled her own confusion about the death penalty. "I lost the chance to watch my sister grow, to be part of her life," Mundell said.
"She was taken from all the love we could have given her by a self-centered, unfeeling and unimaginable act." Obituary Index Today's Obituaries For more info go to plaindealer.com ABT Dale T. ARNOLD Carol A. ASHWILL, Melanie BIBEN BARBARA BIELEK See LOTTIG Notice BRAIDIC, Raymond G. BRAUN, Kyle James Matthew CAIN, Fred E. CAPERS, Adam Christopher CARNAHAN, Doris J.
CASSIDY, Susan C. CHAPLIN Carol Joan McCloskey CHERRY, Tawanna CHILSON David Warner CHRISTMYER Harold CIOFANI, Robert "Bobby Wall" CLUNN SEE MULCAHY NOTICE CODY, James R. COLVIN, Melanie COOK, Michael COUGHLIN, James CZACK See Lukehart DAMON, Anne DEMSKI PATRICIA J. DILLON, Scott L. DOGGETT, Carolyn FELDKIRCHER, See SWEENY Notice FURNARI, Frank FUSCO, David J.
GALLAGHER, Renita S. GALLO, Steve J. GARDNER See LOTTIG Notice GARDNER, Barbara L. GEIDEMAN, John "Jack" L. Jr.
GEORGE, Allen GIGIS Eva GLIEBE See INTIHAR Notice GRESHAM, Gregory L. GRUBAUGH Evelyn Virginia GUZIK See CHRISTMYER Notice HALSTEAD, Thomas Carl HIPPLER, Virginia M. "Ginny" HODGMAN EMILY INGRAM, Barbara W. INTIHAR SYLVIA JAMES, Cheryl A. JANISON Janet JARAB, Anthony.
J. JONES, MINNIE PEARL JOWERS, Charlotte Marie KARABINUS, Elizabeth "Betty" A. KAY, James KERR ALFRED KRAUS Raymond M. KUCERA, Robert L. KYLE, See SAVIOLI Notice LALLO See INTIHAR Notice LAMBRECHT, Bernice LEWIS Paula LIONTI, See SAVIOLI Notice LOTTIG, Joanne Marie LUKEHART, Geraldine MAGLIETTA DONALD MAURER, See YOHE Notice MCCRARY, Addie Mae MCINTOSH, William E.
MCLIN, Kym R. MELENA, Timothy John MESSISCO, Kirby Alan MIKLAVIC, Emest Robert MUDERY, George M. MULCAHY Richard T. NAPIER Homer OBERT, Joan OMERZA See MAGLIETTA Notice PARACSI, Alex Joseph PERSE See CHRISTMYER Notice PETTEGREW Leon R. PIERSE, Thomas PISHNERY TERESA POOLE, James E.
PRINTY, Michael REARDON, Bernice E. RICHARDS, Christine T. RIEGELMAYER, Maybelle L. RILEY, Robert L. ROMOGA MARILYN SALERNI MARIA THERESA SAMOL, Robert Andrew Jr.
SANFORD HAMLIN Jeanette L. SAVIOLI Vera SCHAAF, Glen SCOTESE ELEANOR SEIL, Ludwig SMIRNOV, George M. SNYDER, Murray (Murr) Evans SPIEGELBERG, See SWEENY Notice STONE, Jacqueline "Jackie" STUCHLAK. Boris not SUGERMAN, Marvin nationally." SWEENY, Doris Mae THEBERGE RAYMOND THIEL Ward THOMAS, Jeffrey VALENTINE. Michael VANDRASIK DONALD VARGO JOSEPH E.
VICK RUTH WADKINS, See YOHE Notice WIEN, See YOHE Notice WILLIAMS, James Jr WILSON, Judith May YAEGER, Scott YOHE, Lucille ZIMMERMAN, Eugene M. Obituaries ABT DALE T. ABT 74, of Rocky River, passed away July 20, 2017. Visitation is 4-8 p.m. Friday, July 28, 2017 at the Sunset Chapel, 6245 Columbia North Olmsted.
Committal take place at 2 p.m. Wednesday, August 2, 2017 at Sunset Memorial Park. Please meet at Sunset Chapel at 1:45 p.m. Please see www.dostalbokas.com for full obituary Dostal Bokas. Tuneral ARNOLD CAROL A.
ARNOLD LA 75, passed away July 20, 2017; loving sister of Rev. Erline Williams; survived by a host of nieces, nephews, family and friends. Funeral Friday, July 28th 11 a.m. at H. M.
Martin Funeral Home, 3856 E. 131 St. where family will receive friends at 10:30 a.m. Public Viewing Thursday, 12 Noon 7 p.m. MELANIE SUE ASHWILL (nee Colvin), age 27 of Cleveland, passed away suddenly on July 20, 2017.
Melanie is survived in life by Austin, her beloved husband of 6 years, loving parents Ted Karen (nee Lemley) Colvin and in-laws Ellen (nee Knight) James Ashwill. Dearest bonus sister of Madeline Ashwill. Treasured niece, cousin and granddaughter. Loving friend to many. The family will receive friends in celebration of Melanie's life at Humenik Funeral Chapel, 14200 Snow Brook Park, 44142 on Friday, July 28th, from 2-4 and 6-8PM and on Saturday, July 29th from where a Funeral Service will take place at 1-877-HUMENIK HumenikFuneralChapel.com Humerik FUNERAL CHAPEL.
BIBEN BARBARA BIBEN (nee Riemenschneider), age 56, of Aurora, passed away peacefully surrounded by her family Tuesday, July 25, 2017. Barbara was born in Ravenna, Ohio to Elmer and Shirley (nee Biltz) Riemenschneider. She is also survived by her beloved husband, Michael C. Biben; loving children Rachel, Charles and Gregory Biben; dear brothers Elmer (Linda), Jim (Sharon), Mark (Melanie), Mike (Angie) and Scott (Sue) Riemenschneider; dear sisters Lori Snyder and Pam (Jeff) Helmling; a sister-in-law Debbie (Phil) Bobinski and a brother-inlaw Kevin (Jackie) Biben. Friends will be received 3-7PM FRIDAY at JOHNSON-ROMITO FUNERAL HOME, 99 W.
AURORA (RT. 82, ONE MILE WEST OF RT. 8), NORTHFIELD CENTER, OH (330- 468-1443). Friends will also be received 10-11AM Saturday, July 29, 2017 at Our Lady of Perpetual Help Catholic Church, 342 South Chillicothe Road, Aurora, OH where Mass of Christian Burial will begin at Interment will follow at Aurora Cemetery. The family suggests memorial contributions be made to The Memorial Fund at Our Lady of Perpetual Help Church.
www.johnsonromito.com BIELEK SEE LOTTIG NOTICE BRAIDIC RAYMOND G. BRAIDIC 94 of hom*osassa Florida, formerly of Mentor, Ohio died on July 22, 2017 at home. He was born July 3, 1923 in Cleveland, Ohio. Raymond was a graduate of East Tech High School in 1942 and he spent 3 years in the service of our country, stationed in the South Pacific. He and his friend Andy Juricka were the founders of the former Futurama Tools in Wickliffe, Ohio from which he retired in 1981 and moved to Florida.
While in Florida he attended St. Thomas Catholic Church in hom*osassa. Survivors Include his daughter Deborah (Michael) Margulis of California, brother: Kenneth (Donna) Braidic of Baltimore Ohio, several nieces and nephews and his constant companion and friend of many years: Norma Galvin. Raymond was preceded in death by his loving wife of 57 years: Helen (Dreher) Braidic and his parents: George and Anna (Barberic) Braidic. A funeral service will be 12 Pm Friday July 28, 2017 in the mausoleum chapel at Whitehaven Memorial Park, 615 Som Center Rd.
Mayfield, OH. 44143. Arrangements entrusted to Brunner Sanden Deitrick Funeral Home Cremation Center, 8466 Mentor Mentor, OH 44060. Entombment will be in Whitehaven Memorial Gardens, Mayfield. Friends and family may offer condolences at www.brunners.com Obituaries BRAUN age 20, adored son of Beverly Braun and Anthony Dove.
Devoted grandson of James Braun Sr. "Papa" and the late Sal Leanne Braun Beloved neph- KYLE JAMES MATTHEW Branch) FUNERAL CHAPEL. INC. hopel com ew of Jonathan Braun "Uncle Jon" (Alison), Susan Prebish (Scott) and James Braun Jr. Loving cousin of Lauren Elizabeth Braun and Gabrielle Eileen "Ella" Prebish.
Treasured friend of Rachelle Evans-Miller, Kyle Niksa and Michael Ashbrook. He was loved and respected by everyone he met. Kyle was involved with the Cleveland School of Arts, Tri-C Community Arts Program, Share Holders In Growth, Friends Helping Friends, Music School Settlement, Baldwin Wallace Conservatory, Berkley College of Music, former student of St. Edward High School, Cleveland Orchestra Youth Orchestra, proud graduate of Interlochen Arts Academy, MOJO Big Band, and current student at CSU Music and Engineering. Former employee of BW3 Strongsville, Open Tone Music and current employee at Sunnyside Toyota, North Olmsted.
Kyle is recognized as an exceptionally gifted trumpet player in both Jazz and classical. He often performed at Prince of Peace Lutheran (Westlake), Willoughby United Methodist, North Olmsted United Methodist, Trinity Lutheran (Ohio City) and Compass Christian Church (Akron). Student of Dennis Bradley Reynolds Chris Anderson, Steve Enos, Charles Schlueter, James Tinsley, Ken Larson, Marlene Dirksen, Dianna White-Gould, Clark Terry (Deceased) and James William Braun Sr. Friends and family will be received on Friday, July 28th from 4-8 pm and Saturday, July 29th from at Prince of Peace Lutheran Church, 28455 Center Ridge Road, Westlake, where a Funeral Service will be held on Saturday at 6:00 pm. In lieu of flowers, memorial contributions may be made in Kyle's name to the Kyle James Matthew Braun Memorial Fund Key Bank (Contributions may be made at any Key Bank Tuneral Seances CAIN FRED E.
CAIN 79, of Columbia Station, passed away July 23, 2017. Devoted husband of 55 years to Twylia (nee Simpson); beloved father of Rhonda (Ronald) Blackburn, Lisa, Todd Tammy Cain; cherished Pappy of James Robi, Kayla, Brandon, Amanda (Joey), Charles Sr. (Gabi), Tyler, Jacqueline and Jacob; adored "grand" pappy of Jayden and Charles loving bother of Mary Ruth (Floyd) Long and the late Patty (Charles) Durada, Rich, Jack (Hester) and Donley (Mary Ellen); dear uncle of Ronald Simpson (Paula) and many nieces and nephews. US Army veteran. Retired from Alcoa as Supervisor in 1993.
Member of Dover Lodge F. A.M. Visitation Saturday, July 29, 2017 from 5-7PM in the Chapel at Sunset Memorial Park, 6245 Columbia North Olmsted, where funeral services will commence on Saturday at 7PM. dostalbokas.com Dostal Bokas. CAPERS ADAM CHRISTOPHER CAPERS 48, Memorial Service Thursday, July 27, 2017 at Eastview United Church Of Christ, 15615 Chagrin Blvd.
Family visitation 11 AM. Service to follow at 11:30 AM. No Public Viewing. Arrangements entrusted to Miller-McFall-Rogers Funeral Home 8608 Quincy Avenue. (216)421-8771 CARNAHAN DORIS J.
CARNAHAN age 72, passed away peacefully on July 20, 2017 after a lengthy illness. Dearest daughter of E. Dean and Eugenia (n Tomkalski) (both deceased), dear sister of Ronald D. (Gloria) and Marilyn Wesolowski (Timothy), dearest niece and cousin, cherished aunt, sister in law, and friend to many. Best friend of Rita Hammond, godmother of Nicole Pelto (nee Tomkalski) and Melanie Davis (nee Hammond).
Retired longtime dedicated employee of Ohio Bell and Convenient Food Mart. Doris loved to travel. She was on the Ohio Bell Ploneers softball team and a bowling league. She was a generous contributor to many charities mostly involving animals. In lieu of flowers please make a contribution to an animal charity of your choice.
Services Saturday July 29, 2017 at 5:30 P.M. at GOLUBSKI FUNERAL HOME 5986 RIDGE RD. PARMA where friends will be received Saturday 2-6 P.M. Interment Holy Cross Cemetery at a later date. CASSIDY SUSAN C.
CASSIDY Beloved daughter of the late Evelyn and Lawrence Cassidy; loving sister of Ann Wozniak (Anthony, deceased), Mark Cassidy (Cynthia), Michelle Mroczka (Edward) and the late Patricia Shubert, Laurence and Matthew Cassidy; aunt of Richard and Steve Wozniak, Mark and Nadine Cassidy, Jennifer Wichert (Matthew), Jeffrey Mroczka (Nicole), John and Keith Shubert; great aunt of Eric, Latisha, and Brandon Cassidy and the love of her life Jack. Funeral service ZEIS-McGREEVEY FUNERAL HOME 16105 DETROIT AVE. THURSDAY JULY 27 at 7 PM. In lieu of flowers memorials to the AnImal Protective League. Friends received from 3 pm until time of service at 7 PM.
THURSDAY. ZEIS McGrecvey CHAPLIN CAROL JOAN McCLOSKEY CHAPLIN passed away on July 23, 2017 following an extended illness. She was born in Johnstown, Pennsylvania, the daughter of Theodore and Carolin McCloskey and sister to Douglas McCloskey. Carol attended high school in Cleveland, Ohio, obtained a B.A. in economics from the University of Pittsburgh, and later recelved her law degree from Western Reserve University Law School (now Case-Western Reserve Law School).
She was one of two women in her graduating law school class. After graduation Carol worked as an attorney for the Securities and Exchange Commission (SEC) and later at the Department of Veterans Affairs (DVA) where she handled veterans' appeals arising from military service-related injuries or illnesses. She was the reciptent of a DVA Distinguished Career Award and was also a member of the D.C. and Virginia Bar Associations. In 1969 she married Stephen M.
Chaplin, a foreign service officer with the United States Information Agency. With her family she lived in the Washington D.C area, Argentina, Mexico, Romania, and Portugal, where she made life-long friends. Living abroad she enjoyed learning about other cultures and customs. She was a kind and selfless person who enjoyed dance and was voracious reader. Carol leaves behind her husband, her sons Christopher Chaplin of Los Angeles and Jonathan Chaplin and his wife Sara Chaplin of Denver, two sisters-in-law, along with extended family in Ohio.
She will be buried in Johnstown, Pennsylvania. Those wishing to honor Carol's memory are encouraged to make a donation in her name to a charitable, educational, or philanthropic organization of their choice. Share your Condolences, Thoughts and Memories Online Sign the guestbook and post your personal message for obituaries listed in today's paper, and from the past year. Find the online obituaries listing and a link to the Guestbook at: www.cleveland.com/obits cleveland.com THE PLAIN DEALER.
