Botched execution could slam brakes on death penalty - USA TODAY

An Oklahoma death row inmate died of a heart attack Tuesday night more than 40 minutes after his execution was halted because the lethal injection of three drugs was botched. Now death penalty opponents are demanding change. VPC

Gregg Zoroya and Michael Winter, USA TODAY 10:44 a.m. EDT April 30, 2014

Clayton Lockett on June 29, 2011.(Photo: Oklahoma Department of Corrections via AP)

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Death penalty opponents and lawyers for condemned prisoners said the botched execution of a convicted in killer in Oklahoma could have a far-reaching impact on death penalty states, potentially putting the brakes at least temporarily on further use of lethal injections.

Clayton Lockett, 38, struggled violently, groaned and writhed after lethal drugs were administered by Oklahoma officials Tuesday night, according to eyewitness accounts. State Corrections Director Robert Patton halted the Lockett's execution, citing vein failure that may have prevented the deadly chemicals from reaching Lockett. He eventually died of a heart attack.

Witnesses could see Lockett struggle before state officials closed off curtains blocking their view.

"We have to stop executions until there's been a full investigation, independent investigation and full transparency," says Madeline Cohen, the lawyer for Charles Warner, who was slated to be executed by Oklahoma shortly after Lockett's death. Warner received a temporary stay pending a state into what went wrong.

Cohen said she would file court documents seeking, in addition to an independent investigation, an independent autopsy.

Richard Dieter, executive director of non-profit Death Penalty Information Center, a clearinghouse for information and an opponent of executions, said Lockett's manner of death would add momentum to efforts to halt lethal injection until the process is better understood and there is more transparency to what states are trying to do.

"Somebody died because of the state's incompetency," Dieter says, adding that Louisiana, Kentucky and Ohio are considering similar protocols. "I think they're going to have second thoughts and those executions will be delayed."

Oklahoma Gov. Mary Fallin, just hours after the execution, ordered the Department of Corrections to review the state's execution procedures and determine what went wrong.

"There was some concern at that time that the drugs were not having that (desired) effect, and the doctor observed the line at that time and determined the line had blown," Patton said at a news conference afterward, referring to Lockett's vein rupturing.

Lockett, who was convicted of shooting 19-year-old Stephanie Neiman and watching two accomplices bury her alive in 1999, was pronounced dead in the execution chamber at 7:06 p.m. CT.

The execution began at 6:23 p.m., and he was unconscious 10 minutes later. His death came 43 minutes after the drugs began flowing.

Here's how The Oklahoman described the scene at the death house in McAlester:

Lockett grimaced and tensed his body several times over a three minute period before the execution was shielded from the press. After being declared unconscious ten minutes into the process, Lockett spoke at three separate moments. The first two were inaudible, however the third time he spoke, Lockett said the word "man."

The paper said officials closed the curtains 16 minutes into the execution.

"It was extremely difficult to watch," Lockett's attorney, David Autry, said afterward.

Warner's execution had been set for 8 p.m. Tuesday. The 46-year-old was convicted of raping and killing his roommate's 11-month-old daughter in 1997. He has maintained his innocence.

It was the first time since 1937 that two men were to have been executed on the same day in Oklahoma, although it has happened in other states since the death penalty was reinstated in the U.S. in 1976. The last double execution was in Texas in 2000.

Lockett and Warner had sued the state for refusing to disclose details about the execution drugs, including where Oklahoma obtained them.

The case, filed as a civil matter, placed Oklahoma's two highest courts at odds and prompted calls for the impeachment of state Supreme Court justices after the court last week issued a rare stay of execution. The high court later dissolved its stay and dismissed the inmates' claim that they were entitled to know the source of the drugs.

By then, Fallin, a Republican, had weighed in on the matter by issuing a stay of execution of her own — a one-week delay in Lockett's execution that resulted in both men being scheduled to die on the same day.

Lockett's request of steak, shrimp, a large baked potato and a Kentucky bourbon pecan pie was denied because it exceeded the $15 limit, and he declined a separate offer from the warden for a dinner from Western Sizzlin, prison officials said.

Contributing: William M. Welch in Los Angeles; The Associated Press

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Drug-Resistant Bugs a Global Threat, WHO Says - NBCNews.com

Germs that defy antibiotics are now a major global health threat, causing near-untreatable cases of diarrhea, sepsis, pneumonia and gonorrhea, the World Health Organization said Wednesday.

Overuse and misuse of antibiotics are to blame, and the WHO’s been warning about the problem for years but it keeps worsening, says Dr. Keiji Fukuda, WHO’s Assistant Director-General for Health Security.

"We are really seeing the emergence of this all over the world," Fukuda told a news conference.

"What it means is that all of us, all our family members…when we are most vulnerable and in need of these medicines there is simply the chance that they are not available," he added.

“Unless we take significant actions to improve efforts to prevent infections and also change how we produce, prescribe and use antibiotics, the world will lose more and more of these global public health goods and the implications will be devastating.”

Fabrizio Bensch / Reuters, file

MRSA bacteria strain is seen in a petri dish. MRSA is a drug-resistant "superbug", which can cause deadly infections.

People are overusing antibiotics, experts agree. The drugs work well when used as directed against bacterial infections. But they don’t kill all the bad bugs, and the ones that survive can multiply and spread their drug-resistant genes. This happens especially when people take the wrong antibiotic, or take them to treat a viral infection, because antibiotics don’t affect viruses.

Perhaps worst of all is when people don’t take a full course of antibiotics — leaving a half-treated population of bacteria in their bodies to thrive and spread.

The WHO report finds that a drug-resistant strain of an intestinal bug called Klebsiella pneumonia has now spread to every region of the world. It withstands the effects of the treatment of last resort, a group of antibiotics called carbapenems.

“In some countries, because of resistance, carbapenem antibiotics would not work in more than half of people treated for K. pneumoniae infections,” WHO says.

It's been a problem in the United States for decades.

Last fall, the U.S. Centers for Disease Control and Prevention reported that more than two million people are infected by drug-resistant germs each year, and 23,000 die of their infections. The biggest killer by far in the U.S. is diarrhea-causing C. difficile.

Gonorrhea may not be immediately life-threatening, but it’s developing resistance to the drugs that used to easily treat it. Patients can be left infertile.

Nearly 322,000 cases of gonorrhea were reported in the U.S. in 2011, making it the second most commonly reported notifiable infection in the nation.

The CDC asked for $30 million in the U.S. budget to open specialized labs to help spot these infections more quickly.

Overuse in farm animals is another problem.

In an attempt to help, 25 U.S. companies said earlier this year they’d phase out the use of antibiotics to help farm animals grow fatter.

"There's been a tendency in the past for people to think that antibiotics are risk-free drugs that people should ask for and take any time they're feeling a little bit ill. That's not correct," the CDC's Dr. Steve Solomon told NBC news. "So carefully using antibiotics is really the most important thing that we can do."

First published April 30 2014, 4:43 AM

Maggie Fox

Maggie Fox is senior health writer for NBCNews.com and TODAY.com, writing top news on health policy, medical treatments and disease.

She's a former managing editor for healthcare and technology at National Journal and global health and science editor for Reuters based in Washington, D.C. and London.

She's reported for news agencies, radio, newspapers, magazines and television from across Asia, the Middle East, Africa and Europe covering news ranging from war to politics and, of course, health and science. Her reporting has taken Maggie to Lebanon, Syria and Libya; to China, South Korea, Thailand, the Philippines and Pakistan; to Bosnia, Croatia and Serbia and to Ireland and Northern Ireland and across the rest of Europe.

Maggie has won awards from the Society of Business Editors and Writers, the National Immunization Program, the Overseas Press Club and other organizations. She's done fellowships at Harvard Medical School, the National Institutes of Health and the University of Maryland.

... Expand Bio

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Botched execution could slam brakes on death penalty - USA TODAY

An Oklahoma death row inmate died of a heart attack Tuesday night more than 40 minutes after his execution was halted because the lethal injection of three drugs was botched. Now death penalty opponents are demanding change. VPC

Gregg Zoroya and Michael Winter, USA TODAY 10:41 a.m. EDT April 30, 2014

Clayton Lockett on June 29, 2011.(Photo: Oklahoma Department of Corrections via AP)

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Death penalty opponents and lawyers for condemned prisoners said the botched execution of a convicted in killer in Oklahoma could have a far-reaching impact on death penalty states, potentially putting the brakes at least temporarily on further use of lethal injections.

Clayton Lockett, 38, struggled violently, groaned and writhed after lethal drugs were administered by Oklahoma officials Tuesday night, according to eyewitness accounts. State Corrections Director Robert Patton halted the Lockett's execution, citing vein failure that may have prevented the deadly chemicals from reaching Lockett. He eventually died of a heart attack.

Witnesses could see Lockett struggle before state officials closed off curtains blocking their view.

"We have to stop executions until there's been a full investigation, independent investigation and full transparency," says Madeline Cohen, the lawyer for Charles Warner, who was slated to be executed by Oklahoma shortly after Lockett's death. Warner received a temporary stay pending a state into what went wrong.

Cohen said she would file court documents seeking, in addition to an independent investigation, an independent autopsy.

Richard Dieter, executive director of non-profit Death Penalty Information Center, a clearinghouse for information and an opponent of executions, said Lockett's manner of death would add momentum to efforts to halt lethal injection until the process is better understood and there is more transparency to what states are trying to do.

"Somebody died because of the state's incompetency," Dieter says, adding that Louisiana, Kentucky and Ohio are considering similar protocols. "I think they're going to have second thoughts and those executions will be delayed."

Oklahoma Gov. Mary Fallin, just hours after the execution, ordered the Department of Corrections to review the state's execution procedures and determine what went wrong.

"There was some concern at that time that the drugs were not having that (desired) effect, and the doctor observed the line at that time and determined the line had blown," Patton said at a news conference afterward, referring to Lockett's vein rupturing.

Lockett, who was convicted of shooting 19-year-old Stephanie Neiman and watching two accomplices bury her alive in 1999, was pronounced dead in the execution chamber at 7:06 p.m. CT.

The execution began at 6:23 p.m., and he was unconscious 10 minutes later. His death came 43 minutes after the drugs began flowing.

Here's how The Oklahoman described the scene at the death house in McAlester:

Lockett grimaced and tensed his body several times over a three minute period before the execution was shielded from the press. After being declared unconscious ten minutes into the process, Lockett spoke at three separate moments. The first two were inaudible, however the third time he spoke, Lockett said the word "man."

The paper said officials closed the curtains 16 minutes into the execution.

"It was extremely difficult to watch," Lockett's attorney, David Autry, said afterward.

Warner's execution had been set for 8 p.m. Tuesday. The 46-year-old was convicted of raping and killing his roommate's 11-month-old daughter in 1997. He has maintained his innocence.

It was the first time since 1937 that two men were to have been executed on the same day in Oklahoma, although it has happened in other states since the death penalty was reinstated in the U.S. in 1976. The last double execution was in Texas in 2000.

Lockett and Warner had sued the state for refusing to disclose details about the execution drugs, including where Oklahoma obtained them.

The case, filed as a civil matter, placed Oklahoma's two highest courts at odds and prompted calls for the impeachment of state Supreme Court justices after the court last week issued a rare stay of execution. The high court later dissolved its stay and dismissed the inmates' claim that they were entitled to know the source of the drugs.

By then, Fallin, a Republican, had weighed in on the matter by issuing a stay of execution of her own — a one-week delay in Lockett's execution that resulted in both men being scheduled to die on the same day.

Lockett's request of steak, shrimp, a large baked potato and a Kentucky bourbon pecan pie was denied because it exceeded the $15 limit, and he declined a separate offer from the warden for a dinner from Western Sizzlin, prison officials said.

Contributing: William M. Welch in Los Angeles; The Associated Press

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Donald Sterling has options to weigh after NBA ban - Los Angeles Times

Donald Sterling has been shamed, fined $2.5 million and banned for life by the NBA for his incendiary remarks about race.

But none of that changes the fact that Sterling still owns the Los Angeles Clippers, which gives him options.

"This may set up nicely for him," said David Carter, executive director of USC's Sports Business Institute. "He could ride off into the sunset a la Frank McCourt."

Much like the former Dodgers owner, Sterling might be forced to sell his franchise at an opportune moment, shortly before the NBA renegotiates its lucrative national television contract. An auction-like frenzy could drive the price toward $1 billion.

Or the historically litigious Sterling might turn his back on that staggering profit, choosing to stand and fight.

"If he truly doesn't want to sell, I'm going to guess he could tie this up for the rest of his life," said Richard Sheehan, author of "Keeping Score: The Economics of Big-Time Sports." "It would be an absolute disaster."

Attempts to reach Sterling for comment Tuesday were unsuccessful, so his immediate plans remained unclear.

Shortly before NBA Commissioner Adam Silver announced the league's punitive actions, however, Fox News contributor Jim Gray reported that Sterling had told him he would not sell.

His resolve might waver if, in coming days, at least three-quarters of the league's owners vote to oust him. And if more sponsors follow CarMax and State Farm in severing relations with the team.

"Something dealing with race, you don't recover fully," said David E. Johnson, chief executive of Strategic Vision, an Atlanta branding agency. "As long as he is the owner, the Clippers will never get past that."

Sterling's decades-long climb into the ranks of L.A. billionaires began during the Depression in Chicago, where he was born Donald Tokowitz to an immigrant family that moved to Boyle Heights when he was young.

After working his way through law school — and changing his last name to Sterling — he spent years as a divorce and personal injury attorney before purchasing a Beverly Hills apartment building and launching a more lucrative second career.

By the late 1990s, Sterling had built one of the largest real estate empires in Southern California. He purchased the Clippers in 1981 for $12.5 million and moved them from San Diego to Los Angeles three years later.

Though the team struggled to win for many seasons, the NBA's rising popularity helped boost Sterling's personal fortune, which Forbes recently estimated at $1.9 billion.

Last year, the Sacramento Kings were sold for $535 million. The impending sale of the Milwaukee Bucks is expected to bring $550 million.

Sports business executives say a major-market franchise should be worth significantly more. In addition to the league TV contract, the Clippers can seek a new local deal after the 2015-16 season.

"The timing is right now because the Clippers are ascending and the Lakers are on the descent," said Sheehan, the author who also teaches sports economics at the University of Notre Dame. "Instead of the Lakers being 'Showtime,' the Clippers are 'Showtime.'"

NBA owners have some precedent for forcing Sterling out. Through the 1990s, Major League Baseball twice punished Cincinnati Reds owner Marge Schott for racist and inappropriate comments.

Fellow owners reportedly worked behind the scenes, persuading Schott to sell her stake in the team.

Even if the NBA board of governors gets its three-quarters vote, Sterling might not go quietly — his history of legal ferocity extends far beyond that early career as a lawyer.

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Midterm Outlook for Democrats is Better, But Far From Good - NBCNews.com

Better vs. Good

Bill McInturff, the Republican half of our NBC/WSJ poll, perhaps summed up our latest survey the best: The poll shows that things are better for President Obama and the Democrats after eight million Americans enrolled on the health-care exchanges. But they are still far from good. Obama’s job-approval rating now stands at 44%, a three-point increase from last month, though that movement falls within the poll’s margin of error. For the first time since early October (before the federal health-care website’s disastrous launch became a months-long national story) the president’s personal favorable/unfavorable rating is right-side up, at 44% positive and 41% negative. And 36% see the health-care law as a good idea, versus 46% who view it as a bad idea -- a slight uptick from 35% good idea and 49% bad idea back in March. Bottom line: Obama’s standing is pretty much back to where it was BEFORE the website woes. But remember, that same standing was already difficult terrain for the president and Democrats. “These are very, very difficult numbers,” McInturff says. Peter Hart, his Democratic partner on the NBC/WSJ poll, uses a baseball analogy to make a similar point in describing Obama’s slight improvement. “It’s like the difference between from being five runs down, to one or two.” By the way, how do we think we know the president’s improvement in his job rating is coming all from health care? It’s unique in our poll’s history that the president’s overall job rating is better than his individual job ratings on the economy and foreign policy.

Mind the gender gap(and the high-interest gap, too)

Where is Obama’s slight improvement coming from? Answer: Much of it is coming from women. In March, 44% of women approved of the president’s job, and now it’s 49%. Indeed, one of the other big stories from this poll is the continuation of the gender gap. Overall, the NBC/WSJ poll shows that congressional preference is split exactly down the middle -- 45% want a Democratic-controlled Congress, and 45% want a GOP-controlled one. But among women, it’s 51% Democrat, 38% Republican. And among men, it’s 53% Republican, 37% Dem. That gender gap is probably still not wide enough for Democrats to make gains this election season, but it’s potentially wide enough to survive. (Can Republicans really run the table in an election season when they’re losing women by double digits?) And just imagine what the gender gap would be if Hillary’s on the top of the ticket for Democrats in 2016. But if Democrats are benefiting from a gender gap, Republicans are benefiting from a high-interest gap. Among those expressing the highest interest in the midterms (either a 9 or 10 on a 10-point scale), the GOP has a 15-point edge in congressional preference, 53%-38%.

Public wants less of a focus on world affairs

Another headline from our poll: The American public wants less of a focus on international affairs. Per the survey, 47% believe the U.S. should be less active in world affairs -- that’s down from 14% who said this right after the 9/11 terrorist attacks, from 32% who said this back in ’97, and from 34% who said this in ’95. Despite Obama’s slight improvement in his overall job rating, he’s hit an all-time low of 38% approving of his handling of foreign policy. And a similar percentage -- 37% -- approve of his handling of the situation between Ukraine and Russia. Is that reflective of how the president has actually handled Russia? Or is it reflective of the fact that HE IS FOCUSING on Russia (when the public wants more attention on domestic affairs)? Our poll suggests it’s likely a little of both.

Down on dynasties

Also in the poll, 69% agree with former First Lady Barbara Bush’s statement that more than two or three families – namely the Bushes and the Clintons – should run for president. Earlier this year, former First Lady Barbara Bush made this remark to C-Span when asked about her son Jeb Bush possibly running for president in 2016: “I think this is a great American country, and if we can’t find more than two or three families to run for high office, that’s silly.” That was similar to a comment she made on NBC’s “Today” a year ago: “It's a great country. There are a lot of great families. It's not just four families, or whatever. There are other people out there that are very qualified. We've had enough Bushes." So it’s telling that nearly 70% of the public agrees with Barbara Bush’s statement, and that represents this potential liability for both Jeb Bush and Hillary Clinton in 2016 -- the past vs. the future. But the NBC/WSJ poll also finds Hillary Clinton to be more popular than Jeb Bush: 48% of all respondents view Clinton positively, while 32% have a negative opinion about her. By comparison, Bush has an overall net-negative favorable/unfavorable rating at 21% positive, 32% negative. Bush’s numbers have actually gotten worse over the past year as he’s received more ’16 attention (his fav/unfav was at 26%-23% in June 2013). And then there’s this: Bush’s current support among Tea Party Republicans (47%-11%) is lower than Rand Paul’s support (59%-7%).

“I’d like to buy the world a Koch…”

A final set of numbers to chew on in our poll: The conservative Koch Brothers have a 10%-21% fav/unfav rating, with 49% either not sure or not knowing anything about them. But to put that 49% in perspective, 45% say the same about Senate Minority Leader Mitch McConnell (who has been a central figure in American politics for a while now). But get this: The Koch Brothers’ name recognition is higher among Democrats than among Republicans or independents. Is this Koch message by Dems all designed to fire up the base? If so, then perhaps those are good numbers. But if hitting the Kochs is meant to be a PERSUASION message, then it’s not working as well. Speaking of McConnell, his fav/unfav in the poll is 8%-23%. But get this: He does better among Tea Party Republicans, 24%-17%. So the good news for McConnell, his shift to the right as been noticed by the Tea Partiers. But while they pump him up, he’s down among non-tea Republicans. And being at an all-time OVERALL low in personal rating at the same time? This only underscores his challenge in a general election (assuming he advances after his May 20 primary): How do you get back in positive territory outside the base?

On the botched execution in Oklahoma

Outside of our new poll, this was some story last night: “A botched execution that used a new drug combination left an Oklahoma inmate writhing and clenching his teeth on the gurney Tuesday, leading prison officials to halt the proceedings before the inmate's eventual death from a heart attack,” the AP reported. “Clayton Lockett, 38, was declared unconscious 10 minutes after the first of the state's new three-drug lethal injection combination was administered. Three minutes later, though, he began breathing heavily, writhing, clenching his teeth and straining to lift his head off the pillow.” The death penalty isn’t the political issue it used to be in the 1980s or 1990s, and states have begun to either eliminate it or slow down executions. The question is if this incident moves the needle in the debate at all.

And on Sterling’s lifetime ban

The other big story yesterday’s was the NBA’s lifetime ban for Los Angeles Clippers owner Donald Sterling after his allegedly racist remarks that African Americans shouldn’t attend his team’s basketball games. In the end, that ban was something the basketball league HAD TO DO, especially given that African Americans are some of the NBA’s biggest watchers and consumers. In the end, Donald Sterling was very bad for business.

Click here to sign up for First Read emails. Text FIRST to 622639, to sign up for First Read alerts to your mobile phone. Check us out on Facebook and also on Twitter. Follow us @chucktodd, @mmurraypolitics, @carrienbcnews

First published April 30 2014, 6:08 AM

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Man dies of heart attack after botched execution - Boston.com

McALESTER, Okla. (AP) — Oklahoma prison officials halted an inmate’s execution on Tuesday after a new drug combination left the man writhing and clenching his teeth on the gurney. He later died of a heart attack.

Clayton Lockett, 38, was declared unconscious 10 minutes after the first of three drugs in the state’s new lethal injection combination was administered. Three minutes later, though, he began breathing heavily, writhing, clenching his teeth and straining to lift his head off the pillow.

The blinds were eventually lowered to prevent those in the viewing gallery from watching what was happening in the death chamber, and the state’s top prison official eventually called a halt to the proceedings. Lockett died of a heart attack a short time later, the Department of Corrections said.

‘‘It was a horrible thing to witness. This was totally botched,’’ said Lockett’s attorney, David Autry.

The problems with the execution are likely to fuel more debate about the ability of states to administer lethal injections that meet the U.S. Constitution’s requirement they be neither cruel nor unusual punishment. That question has drawn renewed attention from defense attorneys and death penalty opponents in recent months, as several states scrambled to find new sources of execution drugs because drugmakers that oppose capital punishment — many based in Europe — have stopped selling to U.S. prisons and corrections departments.

Defense attorneys have unsuccessfully challenged several states’ policies of shielding the identities of the source of their execution drugs. Missouri and Texas, like Oklahoma, have both refused to reveal their sources and both of those states have carried out executions with their new supplies.

Tuesday was the first time Oklahoma used the sedative midazolam as the first element in its execution drug combination. Other states have used it before; Florida administers 500 milligrams of midazolam as part of its three-drug combination. Oklahoma used 100 milligrams of that drug.

‘‘They should have anticipated possible problems with an untried execution protocol,’’ Autry said. ‘‘Obviously the whole thing was gummed up and botched from beginning to end. Halting the execution obviously did Lockett no good.’’

Republican Gov. Mary Fallin ordered a 14-day stay of execution for an inmate who was scheduled to die two hours after Lockett, Charles Warner. She also ordered the state’s Department of Corrections to conduct a ‘‘full review of Oklahoma’s execution procedures to determine what happened and why during this evening’s execution.’’

Robert Patton, the department’s director, halted Lockett’s execution about 20 minutes after the first drug was administered. He later said there had been vein failure.

The execution began at 6:23 p.m., when officials began administering the midazolam. A doctor declared Lockett to be unconscious at 6:33 p.m.

Once an inmate is declared unconscious, the state’s execution protocol calls for the second drug, a paralytic, to be administered. The third drug in the protocol is potassium chloride, which stops the heart. Patton said the second and third drugs were being administered when a problem was noticed. He said it’s unclear how much of the drugs made it into the inmate’s system.

Lockett began writhing at 6:36. At 6:39, a doctor lifted the sheet that was covering the inmate to examine the injection site.

‘‘There was some concern at that time that the drugs were not having that (desired) effect, and the doctor observed the line at that time and determined the line had blown,’’ Patton said at a news conference afterward, referring to Lockett’s vein rupturing.

After an official lowered the blinds, Patton made a series of phone calls before calling a halt to the execution.

‘‘After conferring with the warden, and unknown how much drugs went into him, it was my decision at that time to stop the execution,’’ Patton told reporters.

Lockett was declared dead at 7:06 p.m.

Autry, Lockett’s attorney, was immediately skeptical of the department’s determination that the issue was limited to a problem with Lockett’s vein.

‘‘I'm not a medical professional, but Mr. Lockett was not someone who had compromised veins,’’ Autry said. ‘‘He was in very good shape. He had large arms and very prominent veins.’’

The American Civil Liberties Union of Oklahoma, which was not a party in the legal challenge to the state’s execution law, called for an immediate moratorium on state executions.

‘‘This evening we saw what happens when we allow the government to act in secret at its most powerful moment and the consequences of trading due process for political posturing,’’ said ACLU executive director Ryan Kiesel.

In Ohio, the January execution of an inmate who made snorting and gasping sounds led to a civil rights lawsuit by his family and calls for a moratorium. The state has stood by the execution but said Monday that it’s boosting the dosages of its lethal injection drugs.

A four-time felon, Lockett was convicted of shooting 19-year-old Stephanie Neiman and watching as two accomplices buried her alive in rural Kay County in 1999. Neiman and a friend had interrupted the men as they robbed a home.

Warner had been scheduled to be executed two hours later in the same room and on the same gurney. The 46-year-old was convicted of raping and killing his roommate’s 11-month-old daughter in 1997. He has maintained his innocence.

Lockett and Warner had sued the state for refusing to disclose details about the execution drugs, including where Oklahoma obtained them.

The case, filed as a civil matter, placed Oklahoma’s two highest courts at odds and prompted calls for the impeachment of state Supreme Court justices after the court last week issued a rare stay of execution. The high court later dissolved its stay and dismissed the inmates’ claim that they were entitled to know the source of the drugs.

By then, Fallin had issued a stay of her own — a one-week delay in Lockett’s execution that resulted in both men being scheduled to die on the same day.

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NBA Owner Believes Donald Sterling Ouster Vote Will Be Unanimous - ABC News

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One of the 29 NBA team owners who will decide whether Los Angeles Clippers owner Donald Sterling will be forced to sell the team says he believes the vote will be unanimous.

“The owners I know are all color blind and they found that this behavior was outrageous, so I wouldn’t be surprised if it isn’t a unanimous vote,” Sacramento Kings majority owner Vivek Ranadive said today on “Good Morning America.” “I would be very surprised if that was not the case.”

Sterling’s courtside seat was noticeably empty Tuesday night as the Clippers defeated the Golden State Warriors to take a 3-2 lead in the playoffs series.

“The team is having its best run ever and he’s not going to be able to watch that,” Ranadive said. “He would be the most scorned man in the stands, so I think this is the time to step up and do the right thing.”

Breaking Down the Donald Sterling Scandal: The Audio, The Lawsuits, the Reactions

What We Know About V. Stiviano, Woman Accused of Leaking Racist Rant

NAACP Willing to 'Forgive' Clippers' Donald Sterling After Yanking Award

ESPN: Full Coverage

A two-thirds vote in favor of forcing Sterling to sell the team is needed by Ranadive and his fellow owners. Sterling, who has owned the team since 1991, was given a lifetime ban and a fine of $2.5 million by NBA Commissioner Adam Silver after Sterling was recorded making racist comments about African-Americans.

The woman who recorded the comments that have ended Sterling’s NBA career, Vanessa Stiviano, broke her silence for the first time overnight in a rant captured on camera in which she declared she was going to run for president.

Earlier Tuesday, while Stiviano, 31, was seen roller skating with an oversized visor covering her face, her attorney released a statement saying she was “very saddened” by the NBA’s decision to ban Sterling for life.

“My client is devastated that this got out,” Stiviano’s attorney, Marc Nehoray, told the Los Angeles Times, adding his client “never wanted any harm to Donald.”

The phone calls recorded a man the NBA deemed to be Sterling telling Stiviano to not post photos with or attend Clippers games with black men, including Hall of Famer Magic Johnson.

Today, Sterling’s fellow owner, Ranadive, said Johnson is just one person that 80-year-old Sterling needs to apologize to.

“What I would say to Mr. Sterling is, Mr. Sterling, do the right thing now,” Ranadive said. “Apologize to Magic Johnson. Apologize to the NBA, fans, the black community, the world at large.”

“Respect the wishes of the NBA. Put the team up for sale. Take some of the profits and donate them to a good cause,” he said.

ABC News' Colleen Curry and Dan Good contributed to this report.

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