Update: The execution was botched and halted, but the inmate then had a heart attack and died. The execution of the second inmate was postponed.

Despite the controversy over lethal injection drugs, Oklahoma will proceed tonight to kill two inmates. The federal defender for one of them says:

“Tonight, in a climate of secrecy and political posturing, Oklahoma intends to kill two death row prisoners using an experimental new drug protocol, including a paralytic, making it impossible to know whether the executions will comport with the Eighth Amendment’s ban on cruel and unusual suffering...We have serious questions — were these drugs imported, are they counterfeit, what is the expiration date, are they tainted?”

Oklahoma's new drug protocol has not yet been tested. One of the drugs, the one that sedates and reduces pain, will be given in a much smaller amount that provided by another state that uses the same drug in its death cocktail.

U.S. District Court Judge Jed Rakoff of the Southern District of New York, who was both a federal prosecutor and a criminal defense lawyer before becoming a federal judge, recently gave a talk at the University of Southern California law school on why innocent people plead guilty.

“We have hundreds, or thousands, or even tens of thousands of innocent people who are in prison, right now, for crimes they never committed because they were coerced into pleading guilty. There’s got to be a way to limit this.”

In a nutshell, the reasons many innocent people plead guilty are too much prosecutorial power (in charging decisions and plea agreements) and mandatory minimum sentencing laws.

“People accused of crimes are often offered five years by prosecutors or face 20 to 30 years if they go to trial. … The prosecutor has the information, he has all the chips … and the defense lawyer has very, very little to work with. So it’s a system of prosecutor power and prosecutor discretion. I saw it in real life [as a criminal defense attorney], and I also know it in my work as a judge today.”

The solutions, according to Judge Rakoff: Reduce prosecutorial discretion and eliminate mandatory minimums. I couldn't agree more.

The NBA has banned Clippers owner Donald Sterling for life for his comments about African Americans.

Article 35 of the NBA Constitution...allows the commissioner to indefinitely suspend owners for "conduct prejudicial or detrimental to the association."

Sterling was also fined $2.5 million.

Patrick Keefe, a senior fellow at the Century Foundation, writing in the New Yorker, has an 11 page article with several new details on the capture of Joaquin "El Chapo" Guzman, mostly from law enforcement sources.

Keefe's interviews with law enforcement contain some new details. For example, why did El Chapo's most trusted associates flip so fast when arrested in the days preceding El Chapo's capture? U.S. law enforcement sources tell Keefe they were tortured. They say the Mexican Marines are known for that. [More...]

Comcast today announced that it will divest 3.9 million subscribers of Comcast and Time Warner to Charter Communications and a new spinoff company, after its planned acquisition of Time Warner.

Contrary to earlier reports, Comcast is holding onto Colorado. Most of the divestitures are in the Midwest and South and currently belong to Time Warner.

The changes would occur after approval of the Comcast-Time Warner deal, and are intended to increase the likelihood of the deal's approval.

Quinnipiac has released a poll of Coloradans about their views on marijuana since it became legal in the state. A clear majority view it as positive:

• Voters support the law legalizing marijuana 54 – 43 percent;
• 49 percent of voters admit they’ve tried marijuana(only 15 percent admit using it
  since it became legal January 1);
• Driving has not become more dangerous because of legalized marijuana, 54 – 39 percent;
• Legalized marijuana will save the state and taxpayers a significant amount of money, 53 – 41 percent;
• Legalized marijuana will have a positive impact on the state’s criminal justice system, 50 – 40 percent;
• Legalized marijuana “increases personal freedoms in a positive way,” voters say 53 – 44 percent;
• Legalized marijuana has not “eroded the moral fiber” of people in Colorado, voters say 67 – 30 percent.

The only naysayers disapproving: Republicans (63 - 28 percent) and voters over 65 (62 - 28 percent.)

I'll be at the jail most of the day visiting a client. Here's an open thread, all topics welcome.

Here's an open thread, all topics welcome.

If anyone has found a site where readers are discussing the details of El Capo 3 episodes -- in English or Spanish -- can you let me know in comments?

The Arizona Supreme Court has ruled that prosecutors need proof a driver was impaired by his consumption of marijuana to convict of drugged driving. The presence of THC metabolites in the driver's blood is not enough.

The opinion, available here, states that medical evidence shows the presence of Carboxy-THC does not equate to impairment.

“Because carboxy-THC can remain in the body for as many as 28 to 30 days after ingestion, the state’s position suggests that a medical-marijuana user could face prosecution for driving anytime nearly a month after they had legally ingested marijuana,” Brutinel wrote. “Such a prohibition would apply even when the driver had no impairing substance in his or her body.”

[More...]

On Monday, the Justice Department announced it would soon be implementing new and broader criteria for drug offenders seeking clemency.

Today, the Justice Department announced the new criteria. It is a welcome sea change:

The Justice Department is encouraging nonviolent federal inmates who have behaved in prison, have no significant criminal history and have already served more than 10 years behind bars to apply for clemency, officials announced Wednesday.

The new criteria:

• They are currently serving a federal sentence in prison and, by operation of law, likely would have received a substantially lower sentence if convicted of the same offense(s) today;
• They are non-violent, low-level offenders without significant ties to large scale criminal organizations, gangs or cartels;
• They have served at least 10 years of their prison sentence;
• They do not have a significant criminal history;
• They have demonstrated good conduct in prison; and
• They have no history of violence prior to or during their current term of imprisonment.

Thank you Obama Administration. This is what change looks like. [More...]

It's time for El Capo. How will he escape the guerrillas in Colombia?

This is an open thread, all topics welcome.

Colombian President Juan Manuel Santos says the War on Drugs has failed and we need a new approach to drug trafficking.

In an interview on Monday with The Wall Street Journal, Mr. Santos noted a softening of hard-line antidrug policies both in the U.S. and in Latin America. He said the world had to develop more "realistic and pragmatic" ways to fight drug trafficking.

"How do I explain to a peasant in Colombia that I have to put him in prison for growing marijuana when in Colorado or in Washington state, it's legal to buy the same marijuana?" he said. "The world needs a more effective, fresher, more creative focus to win this war, because until now we haven't won, and the cost has been enormous."

[More...]