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Electric chair malfunctions in Florida, leading states to change execution methods

Electric chair malfunctions in Florida, leading states to change execution methods

Jesse Tafero is executed in Florida after his electric chair malfunctions three times, causing flames to leap from his head. Tafero’s death led to a new debate on humane methods of execution. Several states ceased use of the electric chair and adopted lethal injection as their means of capital punishment.

As the 20th century came to an end, some states were having difficulty finding experienced executioners while others were unable to find technicians who could repair electric chairs. The move toward lethal injection was also problematic since there were few qualified people who knew how to construct a proper system. If done incorrectly, an injection containing a combination of a paralytic drug and a lethal dose of potassium chloride can paralyze an inmate and result in a painful death.

Tafero’s botched execution was far from an anomaly. In Alabama, Horace F. Dunkins’ execution was prolonged 19 long minutes while sitting in a broken electric chair. In July 1999, Florida inmate Allen Lee “Tiny” Davis, who weighed 344 pounds, screamed in pain during his electrocution while blood poured down his shirt. Authorities later claimed that the blood was a result of a bloody nose.


The primary means of execution in the U.S. have been hanging, electrocution, the gas chamber, firing squad, and lethal injection. The Supreme Court has never found a method of execution to be unconstitutional, though some methods have been declared unconstitutional by state courts. The predominance of lethal injection as the preferred means of execution in all states in the modern era may have put off any judgment by the Court regarding older methods.

Because of a resistance by drug manufacturers to provide the drugs typically used in lethal injections, some states now allow the use of alternative methods if lethal injection cannot be performed. Controversies surrounding the method to be used have delayed executions in many states, contributing to an overall decline in the use of the death penalty.


A Gruesome Historical Argument Against the Death Penalty

I t&rsquos not easy being an executioner. Doing the job well earns no one&rsquos praise doing it badly leads to accusations of cruel and unusual punishment. Such was the charge on this day, May 4, in 1990, when a Florida inmate&rsquos death by electric chair ended in torture for the inmate and trauma for horrified observers.

Jesse Tafero was convicted of fatally shooting two police officers during a 1976 traffic stop. By the time of his death, the electric chair was Florida&rsquos standard method of execution. But because of what critics have described as poor training for executioners and limited oversight for executions themselves, the process did not go smoothly.

The trouble began when a sponge used in the chair&rsquos headpiece wore out and had to be replaced. &ldquoThere’s no factory or parts catalog for execution devices, so the prison sent a guy to pick up a sponge at the store,&rdquo TIME later reported. &ldquoProblem was, he bought a synthetic sponge instead of a genuine sea sponge&rdquo the latter type was required to handle the electric current without catching fire.

Catch fire it did. Flames on Tafero&rsquos head were nearly a foot high, according to one witness, but initially failed to kill him. The current was reapplied three times, since he was still breathing after the first two times.

&ldquoIt takes seven minutes before the prison doctor pronounces him dead, seven minutes of heaving, nodding, flame, and smoke,&rdquo the witness, Ellen McGarrahan, wrote for Slate.

Tafero&rsquos death breathed new life into the national debate over the death penalty &mdash particularly regarding the humaneness of execution methods and whether they are sufficiently regulated. Tafero&rsquos wasn&rsquot the first or the last to end in torture, after all: The 2014 book Gruesome Spectacles: Botched Executions and America&rsquos Death Penalty concludes that at least three percent of all American executions from 1890 to 2010 were botched, and lists 276 that are known to have gone wrong out of the roughly 9,000 over that time span.

The manner of Tafero&rsquos death didn&rsquot stop Florida lawmakers from continuing to embrace the electric chair. But a nearly identical malfunction occurred in 1997, during the execution of convicted murderer Pedro Medina, leaving one witness to remark, per Gruesome Spectacles, &ldquo[A] solid flame covered his whole head, from one side to the other. I had the impression of somebody being burned alive.&rdquo The state finally switched to death by lethal injection in 2000.

And while lethal injection is now the primary execution method in all states that enforce the death penalty, it is not without its own detractors. In 2008, arguments against the three-drug cocktail used by Kentucky (and other states) reached the Supreme Court, which ruled that the method did not constitute cruel and unusual punishment. The court is now hearing a similar case, this time brought by death-row inmates in Oklahoma, over whether a sedative used in lethal injections is strong enough to prevent undue suffering. If the court rules against this method, according to the New York Times, some states will consider resurrecting the electric chair.

But Tafero&rsquos execution also became a talking point in another argument against the death penalty: the possibility of killing the wrong person. After Tafero&rsquos harrowing death, the key witness against him admitted that he himself had pulled the trigger in the traffic-stop gunfight. Although prosecutors continued to insist that they&rsquod gotten the right man, many concluded that Tafero was, in fact, innocent.

Read more about the Supreme Court and the death penalty, here in the TIME archives: Death Penalty Walking


Highlights of Survey

  • Almost all states surveyed have written procedures regarding the execution process.
  • Electric chairs were built by either inmates or an outside contractor.
  • States using the electric chair use natural sponges soaked in a brine (not just saline) solution. Prevalent use of copper devices in headgear, but ranges from mesh, to solid, to perforated devices.
  • Most common reason stated for change from electrocution to lethal injection was that it is considered "more humane method of execution."
  • All states surveyed utilizing lethal injection as a method of execution administer the drugs manually and do not utilize a machine.States cited the possibility of malfunctioning machinery as the reason why drugs are administered manually.
  • Most commonly used drugs for the lethal injection procedure are sodium pentothal (puts the inmate to sleep) second, pancurium bromide (stops respiration) and, third, potassium chloride (stops the heart). Usually between each drug a saline wash is used.
  • Virginia has a mandatory 10 mg. intramuscular injection of Thorazine because the inmate is more relaxed and it makes it easier for the technician to insert the IV. Other states offer a sedative injection as an option.
  • Composition of the execution team: most teams are comprised of department of corrections personnel however, Arkansas uses community-based medical personnel in its lethal injection procedure. Team members are either voluntary or appointed. Several states cited screening and evaluation of members, post-execution debriefing sessions, and the availability of counseling.
  • States cited the need for statutory provisions regarding protection of medical personnel from censure from professional associations with regard to their involvement in the execution process.

Problems Encountered

Michael Radelet, chairman of the University of Florida Sociology Department maintains a list of "Post-Furman Botched Executions" which is posted on the Internet (See Appendix I). As of June 15, 1997, twenty-two executions which encountered problems during the execution process are listed. Of the twenty-two executions, thirteen related to lethal injections eight related to electrocution and one related to the gas chamber. Texas has seven Virginia, Florida, Alabama, Oklahoma, and Indiana have two each Mississippi, Georgia, Arkansas, Illinois, and Missouri each had one.

Florida's two executions included were: Jesse Joseph Tafero on May 4, 1990, and Pedro Medina on March 25, 1997. Although most states contacted confirmed the above problems, Texas and Georgia stated that they had encountered no problems in their respective executions. Table 2. Depicts the percentage of problematic executions to total executions from 1977 to 1997.


Despite Fire, Electric Chair Is Defended In Florida

In a state with one of the highest number of inmates awaiting execution, a malfunctioning electric chair that caused a prisoner's mask to erupt in flames has drawn widespread condemnation from death penalty opponents but only cautious concern from officials reluctant to change the way Florida kills its criminals.

It is unlikely that the controversy over the electrocution of 39-year-old Pedro L. Medina on Tuesday will create a backlash against the death penalty in Florida, where most residents approve of it. And legislators in the Republican-led state Capitol were cool today to calls to switch to lethal injection, partly because many see the electric chair as more of a deterrent to crime.

The injection method, which is used by most of the states that allow the death penalty, 'ɺppears to be a medical procedure,'' Senate Majority Leader Locke Burt said. 'ɺ painless death is not punishment.''

But the gruesome execution at the Florida State Prison in Starke, north of Gainesville, has led Gov. Lawton Chiles to order an investigation by the Department of Corrections and to ask an independent medical examiner to participate in an autopsy on Mr. Medina and report back to him. Today, the Governor said he would consider supporting other methods of execution based on the results of these inquiries.

''I have not thought it was cruel and unusual punishment,'' Governor Chiles said of the state's 74-year-old electric chair. ''If it's not working properly or can't work properly, we'll have to see what we can do.''

Flames erupted from the top of the leather face mask Mr. Medina wore as 2,000 volts of power were turned on. It took several seconds for the flames to go out, but the state doctor said he thought the death had been instantaneous and painless.

The unexpected spectacle only added to the controversy surrounding Mr. Medina, who was convicted for the 1982 murder of an Orlando teacher who had befriended him, but who proclaimed his innocence in his last breath and died despite a history of mental illness, support from the victim's daughter and a plea for mercy from Pope John Paul II.

''I don't think anybody would contend that smoke and fire is the way this is designed to work,'' said Michael Minerva, who is director of the state agency that represents death-row inmates and who has asked the Governor to stay executions until it is determined what went wrong.

There are 377 inmates on Florida's death row. The next two executions are scheduled for April 15 and 29.

Thirty-eight states have the death penalty, a handful of them by electrocution only. Mr. Medina was the 39th person to die in Florida's electric chair since the United States reinstated the death penalty in 1976.

Steven Hawkins, executive director of the National Coalition to Abolish the Death Penalty, in Washington, said that despite the belief by many states that lethal injection is more humane, it has also been botched, such as in the case of an inmate who could not breathe but was still awake.

In Florida, which uses an oak electric chair built by inmates in 1923, an inmate's mask also caught fire in 1990. In 1995 another condemned killer let out a muffled scream as he was executed. After the first incident, executions were suspended for three months until a review concluded that the fire was caused by a synthetic headset sponge, a poor conductor of electricity that is no longer used.

Some death penalty opponents said the focus on the failings of the electric chair was misplaced.

''The story of this case is not a malfunctioning electric chair but a malfunctioning criminal justice system,'' said Michael L. Radelet, chairman of the University of Florida's sociology department and a death penalty scholar. ''It executes people with a strong argument of innocence, strong evidence of mental disorder and against the wishes of the families of victims.''

In a letter to the state Legislature, however, Attorney General Robert A. Butterworth recommended today that lethal injection be enacted as an option because inmates 'ɺre certain'' to argue the cruelty of electrocution in appealing their sentences. But some legislative leaders note that electrocution has been held constitutionally sound by the United States Supreme Court.

A day after the execution, Mr. Medina's supporters at the First Presbyterian Church of Cape May in New Jersey, where he lived briefly after arriving from Cuba on the 1980 Mariel boat lift, remained horrified.

''Our hearts are breaking,'' said Kathryn Stoner-Lasala, the pastor. ''This is 1997 and the State of Florida has burned a man at the stake.''


LETHAL INJECTION HAS ITS PROBLEMS, TOO

In Texas, condemned inmates strapped to a table have helped executioners find veins in their arms for lethal injections.

In Louisiana, the execution team has had to insert the needle into a prisoner's neck after failing to find a viable vein in the inmate's arms.

In other states where lethal injection has replaced the electric chair or gas chamber, executions have been delayed after the IV needles popped out.

Lethal injection, the most popular form of capital punishment in the United States, is not without its technical difficulties.

Starting today, the Legislature begins a special session to determine whether Florida should ditch the electric chair and become the 35th state to use lethal injection to execute its death-row inmates.

The special session is in response to the U.S. Supreme Court's decision in October to hear arguments that Florida's electric chair is cruel and unusual punishment.

Opposition to the chair erupted in 1997 when Pedro Medina's head caught on fire during his electrocution, and again in July when blood flowed from Allen Lee "Tiny" Davis' nose during his execution.

The Florida Supreme Court, while upholding the use of the electric chair, has urged the state to switch to lethal injection.

Lethal injection has been used in other states for the past 20 years, but there is no universal template for Florida to follow should the Legislature and Gov. Jeb Bush decide to chuck "Old Sparky." Other states use a variety of lethal injection procedures.

The Florida Department of Corrections has no specific procedures planned for execution by lethal injection while awaiting the state's decision. But prison officials have attended executions in other states to study how lethal injections are performed, a spokesman said.

Michael Moore, head of Florida's prison system, came from South Carolina, where lethal injection has been used since 1995. Most details on how that state performs its executions are kept confidential, however, under a policy imposed by Moore while he was head of South Carolina's prisons from 1995-1998.

"It's the agency's position that this is something we have to carry out, but we don't want to get into the specifics," said John Barkley, spokesman for the South Carolina Department of Corrections.

Procedures for lethal injections vary around the country from the number of drugs administered, when the procedure is started, who performs the injections and who declares the condemned prisoner dead.

In some states, the procedure is performed on a table fixed to the floor with wings protruding from the sides of the table for the prisoner's arms.

In South Carolina, a gurney with arms is wheeled into the same "death chamber" as the state's electric chair. A curtain is drawn across the electric chair, which hasn't been used since 1996, to block it from the view of those witnessing the execution.

In North Carolina, the condemned inmate lies on a hospital-like gurney with his or her arms flat against the body.

In some states, the entire procedure takes a couple of minutes. In others, it can last 30 minutes. Generally, an inmate is pronounced dead within five to 10 minutes after receiving the injections.

Some states only begin the procedure after all appeals and requests for a stay of execution have been denied.

Other states insert the tubes while the condemned prisoner awaits the final word from the governor and U.S. Supreme Court.

The last words for some prisoners come in their cells. For others, it's on the table, minutes before being put to death.

To ensure execution, most states use two lethal drugs, although North Carolina uses only one.

The procedure begins with an injection of sodium thiopental - an anesthetic that in small doses can relieve anxiety and control seizures - to render the inmate unconscious.

This is followed with injections of pancuronium bromide and potassium chloride. Pancuronium bromide - a muscle relaxant commonly used in surgery - paralyzes the inmate's muscles, including the lungs. Potassium chloride - a chemical essential for good health - stops the heart.

Louisiana injects all three drugs into one IV inserted into the left arm, which is closest to the heart. If anything goes wrong, a second IV is inserted into the right arm.

Texas, which has performed 199 executions by lethal injection since 1982, inserts IVs into both arms, but feeds the drugs into the left arm only - using the second IV line as a backup.

Oklahoma uses lines to both arms, but alternates the injection of the three drugs from arm to arm - left, right, left.

Arizona takes no chances - injecting all three drugs into both arms.

The standard procedure is for the IV lines to be flushed with a saline solution between the injections to prevent the chemicals from crystallizing before they reach the prisoner's bloodstream.

Medical ethics guidelines prevent doctors and nurses from participating in executions. Physicians are used in Texas and other states only to verify the executed prisoner's death. In Texas, the physician's verification allows the prison system to skip a state law that requires an autopsy.

Most states use prison personnel with some emergency medical training to insert the needles. In Kentucky, the warden at Kentucky State Penitentiary is among those who is trained to find a suitable vein and insert the needles.

A common problem is finding viable veins in inmates who have been drug users. Frequent drug injections can leave scarring on the blood vessels.

In some cases, minor surgery may be required to expose a suitable vein. More often, however, the execution squad just keeps searching the condemned person's body until a vein is found in which to fit the needle. One lethal injection in Louisiana was delayed for a half hour by the search for a usable vein.

The executioners who inject the drugs into the IV lines are usually selected by the warden or governor from among prison employees. Their identities are kept confidential. They usually perform the procedure from behind a curtain or a one-way glass window, or inside a separate room.

In North Carolina, the state uses a system based on the old firing squad practice of one rifle firing blanks to absolve all participants from knowing who killed the condemned prisoner.

North Carolina's execution team consists of three people, each with a syringe. All three inject sodium thiopental into the IV lines leading into the prisoner's arms. One of the injections, however, is detoured and ends up in a "dummy bag" instead of the prisoner's body. The empty syringes are then removed, replaced with syringes filled with procuronium bromide, and the procedure repeated.

In Oklahoma, three executioners are paid $300 each - twice what Florida pays the anonymous executioner who pulls the switch on the electric chair.

In states that have switched methods of execution, prisoners sentenced to death before the change can choose between lethal injection and the previous form of capital punishment.

In South Carolina, for example, anyone sentenced to death before 1995 can pick lethal injection or the electric chair. Of the state's 19 executions since 1995, only one prisoner chose the electric chair over lethal injection.

Should Florida switch to lethal injection, the only states to retain the electric chair would be Alabama, Georgia and Nebraska.

Oklahoma and Texas were the first states to switch when they adopted lethal injection in 1977 - anticipating the legal battles and debates over the electric chair now being waged in Florida.

"The electric chair in the 1970s was hotly debated as to whether it was cruel and unusual punish- ment," said Texas prisons spokesman Larry Fitzgerald. "The Texas Legislature sensed the pendulum was swinging and decided in the future the means of execution should be lethal injection."


America's Long and Grisly Search for the Perfect Way to Kill

T he botched execution of Oklahoma inmate Clayton Lockett proved once again that there is no reliably non-violent way to snuff out a healthy human life. The modern history of state-sanctioned homicide has been a fruitless quest for an execution method that gets the job done quickly without offending the squeamish.

Lockett was to die Tuesday for the 1999 rape and murder of a teenage girl. According to the Oklahoma execution protocol, after feeling a brief sting as an IV line was inserted into his arm, the inmate would slip into unconsciousness before receiving fatal doses of two other drugs.

Instead, after seeming to fall unconscious, Lockett awoke and began struggling against the restraints on the gurney where he lay. He gasped, muttered, and writhed. It turned out that the IV line was not properly placed in a vein&mdashnot an uncommon failure in chemical executions. In Ohio in 2006 and again in 2009, technicians botched lethal injections, and it has happened in a number of other states as well.

Lockett finally died of a heart attack, bringing his gruesome struggle to an end. Many people will note (with justification) that even so, he met a peaceful end compared to the girl he helped to terrorize, brutalize, and bury alive.

But the American death penalty has been characterized by competing impulses: a desire for vengeance, in hopes that the ultimate penalty will express our society&rsquos determination to deter heinous crimes, and a wish to be humane.

It has not always been so. From crucifixion to gibbeting to winding, from burning and stoning to drawing and quartering, execution methods of old were designed to exact maximum suffering. Executions were a form of mass communication: take heed, and don&rsquot end up like this guy. During the French Revolution, the guillotine eliminated the prolonged suffering while continuing to deliver an unmistakable message, but it was a disturbing sight for witnesses upset by blood and gore.

Hanging&mdashAmerica&rsquos preferred execution method during the first 100 years of the republic&mdashwas widely adopted as a more antiseptic approach, one that would not traumatize or debase witnesses. Properly done, the thick hangman&rsquos knot is designed to strike the prisoner&rsquos skull with such force that he is unconscious as his neck snaps and the rope chokes away his life. That&rsquos the idea, anyway.

In fact, so many hangings resulted in decapitation (when the drop was too long) or conscious strangulation (when the drop was too short) that jurisdictions rushed to follow the lead of New York state, which carried out the first electric chair execution in 1890. The great inventor Thomas Edison promoted the lethal power of alternating current in an attempt to discredit his business rival George Westinghouse. (Edison preferred direct current.) Following Edison&rsquos lead, developers of the electric chair compared their execution method to the swift, sure blow of a lightning bolt. The brain would be knocked out by the blast, after which the internal organs would quickly heat up to the failure point.

And sometimes it worked out that way. Often, it did not. Insufficient voltage often left prisoners stunned, but breathing. In even the most peaceful executions, smoke would rise from contact points, while muscles contracted violently and joints fractured. In extreme cases&mdasha Florida electrocution in 1990, for example&mdashthe prisoner&rsquos body caught fire.

Another attempt to find the perfect execution technique led to the introduction of the gas chamber in Nevada in 1924. Though California quickly adopted the technology and put it to frequent use, witnesses often described frantic, choking, vomiting prisoners inside the tightly sealed capsules.

Lethal injection was devised as a way to end all that. Prisoners would be &ldquoput to sleep&rdquo as gently as a kindly veterinarian ends the suffering of an elderly dog. What Lockett&rsquos death showed, however, is that a gentle end requires the participation of a skilled technician or nurse who can reliably install a proper IV line. With leading medical associations opposed on principle to the idea of professional healers taking part in executions, highly skilled individuals are unlikely to participate.

So expect more botched executions. And if history holds true, expect continued experiments in search of a foolproof method. This seesaw story of the American death penalty applies in courtrooms, jury rooms, and execution chambers: the endless search for perfection. Perfect knowledge of guilt, perfect fairness in sentencing, perfect dispatch in execution.


Why Were Most U.S. Executions Held at Midnight?

When most people envision the moments leading up to an execution, they imagine last minute phone appeals waking judges from their slumber, family members of the victim(s) and the condemned arriving for closure in the black of night, and the faces of protestors illuminated by candles outside the prison.

At one time most executions were scheduled for 12:0 1 a.m. in the morning. One of the reasons for this seemingly odd hour was that it allowed the state ample time to deal with last-minute appeals and temporary stays of execution. In many states, death warrants are only legal for one day. If the execution is not carried out on the specified date, another warrant would be required.

For example, if any new evidence is discovered at the last minute that could prove the prisoner’s innocence or commute their sentence, a stay of execution may be court ordered until said evidence can be examined, which may cause a warrant to expire before it can be carried out.

To obtain a death warrant in the first place, the state’s governor, or the president if it’s a federal charge, signs an execution warrant. This warrant, which protects the executioner from being charged with murder, gives the state the green light to go ahead with the execution.

Once the warrant is in place the execution can move forward. As far as a midnight start (or finish, depending on how you look at it, I guess) time is concerned, only 15 out of the 34 states that have the death penalty still execute prisoners in the middle of the night.

Victims’ advocacy groups argue that midnight executions are needlessly stressful for the condemned — not that there’s any good time to be put to death. Corrections officials in states that still perform midnight executions counter that prisoners are far less likely to be violent or protest at that hour. They also point out the extra time available to deal with late appeals.

“We would argue things have worked as intended … in terms of the handling of the various groups, in terms of accommodating the various witnesses and in terms of ensuring security,” Tennessee Correction Commissioner George Little said.

But the states that have set earlier execution times report no such issues, including four of the five states that implement the death penalty most often: Texas, Florida, Virginia, and Oklahoma.

Texas changed its execution time from midnight to 6 p.m. (or later) in 1995 in an effort to make things easier on lawyers filing last minute appeals and the judges who would be ruling on them. The move was supported by federal judges, who had been suggesting such a change for years.

U.S. Supreme Court Justice Sandra Day O’Connor pointed out that ruling on last-minute appeals in the middle of the night when you’ve been roused from a sound sleep isn’t an ideal situation. “Dispensing justice at that hour of the morning is difficult, to say the least, and we have an obligation … to give our best efforts in every one of these instances.”

Ohio stopped midnight executions in 2001 because doing so avoided having to shell out thousands of dollars in overtime pay to prison workers. So, yeah, there’s that.

Daytime executions were the norm for thousands of years. Life was cheap back in the old days, and public executions were akin to a Saturday matinee. Before the actual execution, the crowds were regaled with comedy acts and skits. In ancient Rome, watching people being torn limb from limb by lions at the Coliseum was just part of everyday life.

In the United States executions were public events from colonial times. Hanging was by far the most common method of capital punishment, and depending on the notoriety of the crime or criminal, sometimes tens of thousands of spectators would turn up to witness the execution. Drunkenness and mayhem often prevailed in the aftermath, moving many states to begin performing private hangings.

This concerned death penalty abolitionists, who believed exposure to the grim reality of execution would eventually lead to public outcry against it. As the 19th century progressed, many states began to pass laws against mandatory death sentences not so much out of compassion, but rather because juries were reluctant to convict knowing a guilty verdict meant certain death.


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If Tennessee electrocutes Edmund Zagorski on Thursday, it will be in an electric chair built by a self-taught execution expert who is no longer welcome in the prison system and who worries that his device will malfunction.

Fred Leuchter had a successful career in the execution business before his reputation was tainted by his claim that there were no gas chambers at Auschwitz.

Tennessee’s chair, which hasn’t been used since 2007, is just one of many execution devices that Leuchter worked on between 1979 and 1990, according to an article by Fordham University professor Deborah Denno in the William and Mary Law Review. In addition to electric chairs, Leuchter built, refurbished and consulted on gas chambers, lethal injection machines and a gallows for at least 27 states.

After his comments about the Holocaust, it came to light that he had neither an engineering degree nor a license, even though he promoted himself as an engineer. His rise and fall were portrayed in a 2000 documentary.

Nonetheless, Leuchter stands behind the electric chair he rebuilt in 1988, relying on skills picked up designing navigational and surveillance equipment and a careful study of documents describing early executions. His concern is that Tennessee’s chair will fail because of changes others made to it after he was no longer allowed to service it.

“What I’m worried about now is Tennessee’s got an electric chair that’s going to hurt someone or cause problems. And it’s got my name on it,” Leuchter said. “I don’t think it’s going to be humane.”

Gov. Bill Haslam said he is confident the execution can be carried out without problems.

“I have a great deal of confidence in our Department of Correction folks. … We’ve spoken with them regularly and they’ve assured us” the chair is ready.

Leuchter said he was familiar with prisons because he accompanied his father to his job as superintendent of transportation in the Massachusetts state prison in the 1940s and ’50s, from about age 4 to age 16.

As a teenager, Leuchter helped his father move the state’s old electric chair when the prison relocated, and he remembers they had to do it on a Sunday because the warden didn’t want the news media to know.

“I helped put the chair in the truck. We covered it up with canvas,” he said.

Years later, when it looked as though Massachusetts might restart capital punishment after a long hiatus, a prison steward who knew Leuchter’s father asked Leuchter to come in and see whether the old chair was still usable.

From there, “my name was given to other states,” Leuchter said.

He said many of their electric chairs were “decrepit, defunct, didn’t work properly — if they ever had in the first place.”

Denno, a law professor at Fordham who has studied execution methods for more than 25 years, said Leuchter filled a void. Often “the most qualified people don’t want to be involved” in executions, she said.

Even after he was no longer welcome as a prison contractor, Denno said prison officials continued to contact Leuchter for help “because they literally had no one else to go to.”

Tennessee asked Leuchter to refurbish its chair in 1988 when it was facing the possibility of its first execution in decades.

“It looked like it was made for a midget or something,” Leuchter said.

So he built a new chair that incorporated wood from the original, which he was told was from the old gallows and replaced the chair’s electrodes. He also replaced the old leather straps that tether prisoners to the chair with quick-release nylon belts, to aid guards tasked with removing bodies after executions.

He trained prison workers and gave them certificates as “electrocution technicians.”

Leuchter said he sold the original chair. A collector of “murderabilia” listed it on eBay in 2000. It now resides in the Alcatraz East Crime Museum in the Smoky Mountains.

Denno said electric chairs have “a history of botches that has only gotten worse.”

In two Florida executions in the 1990s, smoke and flames shot from the condemned inmates’ heads. In 1999, blood spilled from under an inmate’s mask.

Shortly afterward, the U.S. Supreme Court agreed to decide whether the electric chair violates the 8th Amendment prohibition on cruel and unusual punishment. But the case was dropped after Florida switched to lethal injection.

Tennessee has executed only one person in Leuchter’s electric chair. Daryl Holton died that way in 2007.

In preparation, an electrical engineer reduced the voltage from 2,640 to 1,750 and raised the amperage from 5 to 7. The timing was also changed, from two, one-minute jolts with a 10-second pause between, to a 20-second and 15-second jolt with a 15-second pause between.

The execution was successful.

The chair was inspected on Oct. 10 of this year and found to meet the criteria for an execution, state documents show.

But Leuchter said he feels the chair now is “defective and shouldn’t be used.”

“It worked the first time, but I think they were lucky,” he said.

Copyright 2021 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


RELATED ARTICLES

Leuchter said he fears Thursday's electrocution of death row inmate Edmund Zagorski (above), a convicted murderer, will not be humane if the chair malfunctions

As a teenager, Leuchter helped his father move the state's old electric chair when the prison relocated, and he remembers they had to do it on a Sunday because the warden didn't want the news media to know.

'I helped put the chair in the truck. We covered it up with canvas,' he said.

Years later, when it looked as though Massachusetts might restart capital punishment after a long hiatus, a prison steward who knew Leuchter's father asked Leuchter to come in and see whether the old chair was still usable.

From there, 'my name was given to other states,' Leuchter said.

He said many of their electric chairs were 'decrepit, defunct, didn't work properly - if they ever had in the first place.'

Denno, a law professor at Fordham who has studied execution methods for more than 25 years, said Leuchter filled a void. Often 'the most qualified people don't want to be involved' in executions, she said.

Tennessee's chair is just one of many execution devices Leuchter worked on between 1979 and 1990, relying on skills picked up designing navigational and surveillance equipment and a careful study of documents describing early executions.

In addition to electric chairs, Leuchter built, refurbished and consulted on gas chambers, lethal injection machines and a gallows for at least 27 states.

Leuchter, whose reputation as an electrocution expert was tainted after he made a claim that there were no gas chambers at Auschwitz, refurbished the chair for the state of Tennessee in 1988. Pictured: Ricky Bell, the warden at Riverbend Maximum Security Institution in Nashville, gives a tour of the prison's execution chamber with the newly-refurbished chair in 1999

Even after he was no longer welcome as a prison contractor, Denno said prison officials continued to contact Leuchter for help 'because they literally had no one else to go to.'

Tennessee asked Leuchter to refurbish its chair in 1988, when it was facing the possibility of its first execution in decades.

'It looked like it was made for a midget or something,' Leuchter said.

TENNESSEE'S LAST ELECTROCUTION IN 2007

The last time Tennessee put someone to death by electrocution was Daryl Holton in 2007.

Holton, of Shelbyville, was convicted in 1999 for killing his three young sons and stepdaughter, Stephen Holton, 12 Brent Holton, 10 Eric Holton, 6 and 4-year-old Kayla Holton, in November 1997.

He was given four death sentences and became the first death-row inmate to die in the electric chair in Tennessee since 1960.

An Associated Press reporter who witnessed Holton's execution wrote that a black shroud was placed over his head before a 20-second shock was administered.

The shock caused Holton to straighten his back and move his hips up out of the chair before he slumped back. There was a 15-second pause before he was given a second shock that lasted 15 seconds.

A report from the state medical examiner later found that Holton had suffered minor burns to his head and legs but there were no signs of the severe burning and other major injuries that had been seen in some past electrocutions.

So he built a new chair that incorporated wood from the original, which he was told was from the old gallows, and replaced the chair's electrodes. He also replaced the old leather straps that tether prisoners to the chair with quick-release nylon belts, to aid guards tasked with removing bodies after executions.

He trained prison workers and gave them certificates as 'electrocution technicians.'

Leuchter said he sold the original chair. A collector of 'murderabilia' listed it on eBay in 2000. It now resides in the Alcatraz East Crime Museum in the Smoky Mountains.

Denno said electric chairs have 'a history of botches that has only gotten worse.'

In two Florida executions in the 1990s, smoke and flames shot from the condemned inmates' heads. In 1999, blood spilled from under an inmate's mask.

Shortly afterward, the US Supreme Court agreed to decide whether the electric chair violates the 8th Amendment prohibition on cruel and unusual punishment. But the case was dropped after Florida switched to lethal injection.

Tennessee has executed only one person in Leuchter's electric chair. Daryl Holton died that way in 2007.

In preparation, an electrical engineer reduced the voltage from 2,640 to 1,750 and raised the amperage from five to seven. The timing was also changed, from two, one-minute jolts with a 10-second pause between, to a 20-second and 15-second jolt with a 15-second pause between.

The execution was successful.

The chair was inspected on October 10 of this year and found to meet the criteria for an execution, state documents show.

But Leuchter said he feels the chair now is 'defective and shouldn't be used.'


Contents

Lethal injection gained popularity in the late 20th century as a form of execution intended to supplant other methods, notably electrocution, gas inhalation, hanging and firing squad, that were considered to be less humane. It is now the most common form of legal execution in the United States.

Lethal injection was proposed on January 17, 1888, by Julius Mount Bleyer, [3] a New York doctor who praised it as being cheaper than hanging. [4] Bleyer's idea was never used, due to a series of botched executions and the eventual rise of public disapproval in electrocutions. Lethal injections were first used by Nazi Germany to execute prisoners during World War II. Nazi Germany developed the Action T4 euthanasia program as one method to dispose of Lebensunwertes Leben ("life unworthy of life"). [5] The British Royal Commission on Capital Punishment (1949–53) also considered lethal injection, but eventually ruled it out after pressure from the British Medical Association (BMA). [4]

Implementation Edit

On May 11, 1977, Oklahoma's state medical examiner Jay Chapman proposed a new, less painful method of execution, known as Chapman's protocol: "An intravenous saline drip shall be started in the prisoner's arm, into which shall be introduced a lethal injection consisting of an ultrashort-acting barbiturate in combination with a chemical paralytic." [6] [7] After the procedure was approved by anesthesiologist Stanley Deutsch, formerly Head of the Department of Anaesthesiology of the Oklahoma University Medical School, [5] the Reverend Bill Wiseman introduced the method into the Oklahoma legislature, where it passed and was quickly adopted (Title 22, Section 1014(A)). Since then, until 2004, 37 of the 38 states using capital punishment introduced lethal injection statutes (the last state, Nebraska, maintaining electrocution as single method until adopting injection in 2009, after its supreme court deemed the electric chair unconstitutional). [7]

On August 29, 1977, [8] Texas adopted the new method of execution, switching to lethal injection from electrocution. On December 7, 1982, Texas became the first U.S. state and territory in the world to use lethal injection to carry out capital punishment, for the execution of Charles Brooks, Jr. [9] [10]

The People's Republic of China began using this method in 1997, Guatemala in 1996, the Philippines in 1999, Thailand in 2003, and Taiwan in 2005. [4] Vietnam first used this method in 2013. [11] [12] The Philippines abolished the death penalty in 2006, with their last execution being in 2000. Guatemalan law still allows for the death penalty and lethal injection is the sole method allowed, but no penalties have been carried out since 2000 when the country experienced the live televised execution of Manuel Martínez Coronado. [13] [14]

The export of drugs to be used for lethal injection was banned by the European Union (EU) in 2011, together with other items under the EU Torture Regulation. Since then, pentobarbital followed thiopental in the European Union's ban.

Complications of executions and cessation of supply of lethal injection drugs Edit

By early 2014, a number of botched executions involving lethal injection, and a rising shortage of suitable drugs, had some U.S. states reconsidering lethal injection as a form of execution. Tennessee, which had previously offered inmates a choice between lethal injection and the electric chair, passed a law in May 2014 which gave the state the option to use the electric chair if lethal injection drugs are either unavailable or made unconstitutional. [15] At the same time, Wyoming and Utah were considering the use of execution by firing squad in addition to other existing execution methods. [16]

In 2016, Pfizer joined over 20 American and European pharmaceutical manufacturers that had previously blocked the sale of their drugs for use in lethal injections, effectively closing the open market for FDA-approved manufacturers for any potential lethal execution drug. [17] In the execution of Carey Dean Moore on August 14, 2018, the State of Nebraska used a novel drug cocktail comprising diazepam, fentanyl, cisatracurium, and potassium chloride, [18] over the strong objections of the German pharmaceutical company Fresenius Kabi. [19]

Procedure in the U.S. Edit

In the United States, the typical lethal injection begins with the condemned person being strapped onto a gurney two intravenous cannulas ("IVs") are then inserted, one in each arm. Only one is necessary to carry out the execution the other is reserved as a backup in the event the primary line fails. A line leading from the IV line in an adjacent room is attached to the prisoner's IV and secured so that the line does not snap during the injections.

The arm of the condemned person is swabbed with alcohol before the cannula is inserted. [20] The needles and equipment used are sterilized. Questions have been raised about why these precautions against infection are performed despite the purpose of the injection being death. The several explanations include: cannulae are sterilized and have their quality heavily controlled during manufacture, so using sterile ones is a routine medical procedure. [21] [22] Secondly, the prisoner could receive a stay of execution after the cannulae have been inserted, as happened in the case of James Autry in October 1983 (he was eventually executed on March 14, 1984). [22] [23] Third, use of unsterilized equipment would be a hazard to the prison personnel in case of an accidental needle stick. [23]

Following connection of the lines, saline drips are started in both arms. This, too, is standard medical procedure: it must be ascertained that the IV lines are not blocked, ensuring the chemicals have not precipitated in the IV lines and blocked the needle, preventing the drugs from reaching the subject. A heart monitor is attached to the inmate. [24]

In most states, the intravenous injection is a series of drugs given in a set sequence, designed to first induce unconsciousness followed by death through paralysis of respiratory muscles and/or by cardiac arrest through depolarization of cardiac muscle cells. The execution of the condemned in most states involves three separate injections (in sequential order):

    or pentobarbital: [25] ultrashort-action barbiturate, an anesthetic agent used at a high dose that renders the person unconscious in less than 30 seconds. Depression of respiratory activity is one of the characteristic actions of this drug. [26] Consequently, the lethal-injection doses, as described in the Sodium Thiopental section below, will—even in the absence of the following two drugs—cause death due to lack of breathing, as happens with overdoses of opioids. : nondepolarizing muscle relaxant, which causes complete, fast, and sustained paralysis of the skeletal striated muscles, including the diaphragm and the rest of the respiratory muscles this would eventually cause death by asphyxiation. : a potassium salt, which increases the blood and cardiac concentration of potassium to stop the heart via an abnormal heartbeat and thus cause death by cardiac arrest.

The drugs are not mixed externally to avoid precipitation. A sequential injection is also key to achieve the desired effects in the appropriate order: administration of the pentobarbital renders the person unconscious the infusion of the pancuronium bromide induces complete paralysis, including that of the lungs and diaphragm rendering the person unable to breathe.

If the person being executed were not already completely unconscious, the injection of a highly concentrated solution of potassium chloride could cause severe pain at the site of the IV line, as well as along the punctured vein it interrupts the electrical activity of the heart muscle and causes it to stop beating, bringing about the death of the person being executed.

The intravenous tubing leads to a room next to the execution chamber, usually separated from the condemned by a curtain or wall. Typically, a prison employee trained in venipuncture inserts the needle, while a second prison employee orders, prepares, and loads the drugs into the lethal injection syringes. Two other staff members take each of the three syringes and secure them into the IVs. After the curtain is opened to allow the witnesses to see inside the chamber, the condemned person is then permitted to make a final statement. Following this, the warden signals that the execution may commence, and the executioner(s) (either prison staff or private citizens depending on the jurisdiction) then manually inject the three drugs in sequence. During the execution, the condemned's cardiac rhythm is monitored.

Death is pronounced after cardiac activity stops. Death usually occurs within seven minutes, although, due to complications in finding a suitable vein, the whole procedure can take up to two hours, as was the case with the execution of Christopher Newton on May 24, 2007. According to state law, if a physician's participation in the execution is prohibited for reasons of medical ethics, then the death ruling can be made by the state medical examiner's office. After confirmation that death has occurred, a coroner signs the condemned's death certificate.

Missouri and, before the abolition of capital punishment, Delaware, use or used a lethal injection machine designed by Massachusetts-based Fred A. Leuchter consisting of two components: the delivery module and the control module. The delivery module is in the execution chamber. It must be pre-loaded with the proper chemicals and operates the timing of the dosage. The control module is in the control room. This is the portion which officially starts the procedure. This is done by first arming the machine, and then with station members simultaneously pressing each of their buttons on the panel to activate the delivery. The computer then deletes who actually started the syringes, so the participants are not aware if their syringe contained saline or one of the drugs necessary for execution (to assuage guilt in a manner similar to the blank cartridge in execution by firing squad).

The delivery module has eight syringes. The end syringes (i.e., syringes 7 and 8) containing saline, syringes 2, 4 and 6 containing the lethal drugs for the main line and syringes 1, 3 and 5 containing the injections for the backup line. The system was used in New Jersey before the abolition of the death penalty in 2007. Illinois previously used the computer, and Missouri and Delaware use the manual injection switch on the delivery panel. [27] [ citation needed ]

Eleven states have switched, or have stated their intention to switch, to a one-drug lethal injection protocol. A one-drug method is using the single drug sodium thiopental to execute someone. The first state to switch to this method was Ohio, on December 8, 2009. [28]

In 2011, after pressure by activist organizations, the manufacturers of pentobarbital and sodium thiopental halted the supply of the drugs to U.S. prisons performing lethal injections and required all resellers to do the same. [25]

Procedure in China Edit

In the past, the People's Republic of China executed prisoners primarily by means of shooting. In recent years, lethal injection has become more common. The specific lethal injection procedures, including the drug or drugs used, are a state secret and not publicly known. [29]

Lethal injection in China was legalized in 1996. The number of shooting executions slowly decreased and, in February 2009, the Supreme People's Court ordered the discontinuation of firing squads by the following year under the conclusion that injections were more humane to the prisoner. It has been suggested that the switch is also in response to executions being horrifying to the public. Lethal injections are less expensive than firing squads, with a single dose costing 300 yuan compared to 700 yuan for a shooting execution. [30]

Procedure in Vietnam Edit

Executions in Vietnam were also mainly by means of shooting. The use of lethal injection method was approved by the government in June 2010, adopted in 2011 and only executed in 2013. [31] [32] Urges to adopt other methods than lethal injection to replace the shooting execution began earlier, in 2006, after concerns of the mental state of the firing squad members after executions. [14]

The drugs used consist of pancuronium bromide (paralyzing substance), potassium chloride (stops cardiac activity), and sodium thiopental (anesthetic). [32] The production of these substances, however, are low in Vietnam. This led to drug shortages, use of domestic poisons and shooting execution to be considered to be adopted back. [14] [32]

The first prisoner in Vietnam to be executed by lethal injection, on August 6, 2013, was the 27-year-old man Nguyen Anh Tuan, arrested for murder and robbery. [33] Between 2013 and 2016, 429 prisoners were executed by this method in the country. [31]

Conventional lethal injection protocol Edit

Typically, three drugs are used in lethal injection. Pancuronium bromide (Pavulon) is used to cause muscle paralysis and respiratory arrest, potassium chloride to stop the heart, and midazolam for sedation. [34]

Pancuronium bromide (Pavulon) Edit

Pancuronium bromide (Trade name: Pavulon): The related drug curare, like pancuronium, is a non-depolarizing muscle relaxant (a paralytic agent) that blocks the action of acetylcholine at the motor end-plate of the neuromuscular junction. Binding of acetylcholine to receptors on the end-plate causes depolarization and contraction of the muscle fiber non-depolarizing neuromuscular blocking agents like pancuronium stop this binding from taking place.

The typical dose for pancuronium bromide in capital punishment by lethal injection is 0.2 mg/kg and the duration of paralysis is around 4 to 8 hours. Paralysis of respiratory muscles will lead to death in a considerably shorter time.

Pancuronium bromide is a derivative of the alkaloid malouetine from the plant Malouetia bequaertiana. [35]

Potassium chloride Edit

Potassium is an electrolyte, 98% of which is intracellular. The 2% remaining outside the cell has great implications for cells that generate action potentials. Doctors prescribe potassium for patients when potassium levels in the blood are insufficient, called hypokalemia. The potassium can be given orally, which is the safest route or it can be given intravenously, in which case strict rules and hospital protocols govern the rate at which it is given.

The usual intravenous dose is 10–20 mEq per hour and it is given slowly since it takes time for the electrolyte to equilibrate into the cells. When used in state-sanctioned lethal injection, bolus potassium injection affects the electrical conduction of heart muscle. Elevated potassium, or hyperkalemia, causes the resting electrical potential of the heart muscle cells to be lower than normal (less negative) and more depolarised than normal at rest. The sodium voltage-gated channels required for the rapid phase 0 depolarisation spike in the ventricular and atrial action potential can fire once, but will inactivate rapidly and become inexcitable due to the closure of a specific inactivation gate. This blockage would normally be removed from the pore when the membrane repolarises to more than −70mV however as there is a raised resting membrane potential this negative membrane potential cannot be reached and the inactivation of the sodium voltage-gated channels cannot be relieved. Thus there can be no subsequent action potentials generated within the affected sarcomere. [36]

Depolarizing the muscle cell inhibits its ability to fire by reducing the available number of sodium channels (they are placed in an inactivated state). ECG changes include faster repolarization (peaked T-waves), PR interval prolongation, widening of the QRS complex, and finally, asystole. Cases of patients dying from hyperkalemia (usually secondary to kidney failure) are well known in the medical community, where patients have been known to die very rapidly, having previously seemed to be normal.

Sodium thiopental Edit

Sodium thiopental (US trade name: Sodium Pentothal) is an ultra-short acting barbiturate, often used for anesthesia induction and for medically-induced coma. The typical anesthesia induction dose is 0.35 grams. Loss of consciousness is induced within 30–45 seconds at the typical dose, while a 5 gram dose (14 times the normal dose) is likely to induce unconsciousness in 10 seconds.

A full medical dose of thiopental reaches the brain in about 30 seconds. This induces an unconscious state. Five to twenty minutes after injection, approximately 15% of the drug is in the brain, with the rest in other parts of the body.

The half-life of this drug is about 11.5 hours, [37] and the concentration in the brain remains at around 5–10% of the total dose during that time. When a 'mega-dose' is administered, as in state-sanctioned lethal injection, the concentration in the brain during the tail phase of the distribution remains higher than the peak concentration found in the induction dose for anesthesia, because repeated doses—or a single very high dose as in lethal injection—accumulate in high concentrations in body fat, from which the thiopental is gradually released. [26] This is the reason why an ultra-short acting barbiturate, such as thiopental, can be used for long-term induction of medical coma.

Historically, thiopental has been one of the most commonly used and studied drugs for the induction of coma. Protocols vary for how it is given, but the typical doses are anywhere from 500 mg up to 1.5 grams. It is likely that this data was used to develop the initial protocols for state-sanctioned lethal injection, according to which one gram of thiopental was used to induce the coma. Now, most states use 5 grams to be absolutely certain the dosage is effective.

Pentobarbital was introduced at the end of 2010 due to a shortage of sodium thiopental, [38] and has since become the primary sedative in lethal injections in the United States. [39]

Barbiturates are the same class of drug used in medically assisted suicide. In euthanasia protocols, the typical dose of thiopental is 1.5 grams the Dutch Euthanasia protocol indicates 1-1.5 grams or 2 grams in case of high barbiturate tolerance. [40] The dose used for capital punishment is therefore about 3 times more than the dose used in euthanasia.

New lethal injection protocols Edit

The Ohio protocol, developed after the incomplete execution of Romell Broom, ensures the rapid and painless onset of anesthesia by only using sodium thiopental and eliminating the use of Pavulon and potassium as the second and third drugs, respectively. It also provides for a secondary fail-safe measure using intramuscular injection of midazolam and hydromorphone in the event intravenous administration of the sodium thiopental proves problematic. [41] The first state to switch to use midazolam as the first drug in a new three-drug protocol was Florida on October 15, 2013. [28] Then on November 14, 2013, Ohio made the same move.

  • Primary: Sodium thiopental, 5 grams, intravenous
  • Secondary: Midazolam, 10 mg, intramuscular, and hydromorphone, 40 mg, intramuscular

In the brief for the U.S. courts written by accessories, the State of Ohio implies that they were unable to find any physicians willing to participate in development of protocols for executions by lethal injection, as this would be a violation of medical ethics, such as the Geneva Promise, and such physicians would be thrown out of the medical community and shunned for engaging in such deeds, even if they could not lawfully be stripped of their license. [41]

On December 8, 2009, Kenneth Biros became the first person executed using Ohio's new single-drug execution protocol. He was pronounced dead at 11:47 am EST, 10 minutes after receiving the injection. On September 10, 2010, Washington became the second state to use the single-drug Ohio protocol with the execution of Cal Coburn Brown, who was proclaimed dead within two minutes after receiving the single-drug injection of sodium thiopental. [42] Currently, seven states (Arizona, Georgia, Idaho, Missouri, Ohio, South Dakota, and Texas.) have used the single-drug execution protocol. The state of Washington did use this single drug method, but they have stopped since state executions were abolished. Five additional states (Arkansas, Kentucky, Louisiana, North Carolina, and Tennessee) have announced that they are switching to a single-drug protocol but, as of April 2014, have not executed anyone since switching protocols. [39]

After sodium thiopental began being used in executions, Hospira, the only American company that made the drug, stopped manufacturing it due to its use in executions. [43] The subsequent nationwide shortage of sodium thiopental led states to seek other drugs to use in executions. Pentobarbital, often used for animal euthanasia, [44] was used as part of a three-drug cocktail for the first time on December 16, 2010, when John David Duty was executed in Oklahoma. [38] It was then used as the drug in a single-drug execution for the first time on March 10, 2011, when Johnnie Baston was executed in Ohio. [45]

Lethal injection has also been used in cases of euthanasia to facilitate voluntary death in patients with terminal or chronically painful conditions. [40] Euthanasia can be accomplished either through oral, intravenous, or intramuscular administration of drugs. In individuals who are incapable of swallowing lethal doses of medication, an intravenous route is preferred. The following is a Dutch protocol for parenteral (intravenous) administration to obtain euthanasia, with the old protocol listed first and the new protocol listed second:

First a coma is induced by intravenous administration of 1 g sodium thiopental (Nesdonal), if necessary, 1.5–2.0 g of the product in case of strong tolerance to barbiturates. Then, 45 mg alcuronium chloride (Alloferin) or 18 mg pancuronium bromide (Pavulon) is injected. To ensure optimal availability, these agents are preferably given intravenously. However, they can also be injected intramuscularly. In severe hepatitis or cirrhosis of the liver, alcuronium is the agent of first choice. [40] Intravenous administration is the most reliable and rapid way to accomplish euthanasia, so can be safely recommended. A coma is first induced by intravenous administration of 20 mg/kg sodium thiopental in a small volume (10 ml physiological saline). Then, a triple intravenous dose of a nondepolarizing neuromuscular muscle relaxant is given, such as 20 mg pancuronium bromide or 20 mg vecuronium bromide (Norcuron). The muscle relaxant should preferably be given intravenously, to ensure optimal availability. Only for pancuronium dibromide, the agent may also be given intramuscularly in a dose of 40 mg. [40]

A euthanasia machine may allow an individual to perform the process alone.

In 2006, the Supreme Court ruled in Hill v. McDonough that death-row inmates in the United States could challenge the constitutionality of states' lethal injection procedures through a federal civil rights lawsuit. Since then, numerous death-row inmates have brought such challenges in the lower courts, claiming that lethal injection as currently practiced violates the ban on "cruel and unusual punishment" found in the Eighth Amendment to the United States Constitution. [46] [47] Lower courts evaluating these challenges have reached opposing conclusions. For example, courts have found that lethal injection as practiced in California, [48] Florida, [49] and Tennessee [50] is unconstitutional. Other courts have found that lethal injection as practiced in Missouri, [51] Arizona, [52] and Oklahoma [53] is constitutionally acceptable.

As of 2014, California has nearly 750 prisoners condemned to death by lethal injection despite the moratorium imposed when in 2006 a federal court found California's lethal injection procedures to be unconstitutional. [54] A newer lethal injection facility has been constructed at San Quentin State Prison which cost over $800,000, [55] but it has yet to be used because a state court found that the California Department of Corrections and Rehabilitation violated the California Administrative Procedure Act by attempting to prevent public oversight when new injection procedures were being created. [56]

On September 25, 2007, the United States Supreme Court agreed to hear a lethal-injection challenge arising from Kentucky, Baze v. Rees. [57] In Baze, the Supreme Court addressed whether Kentucky's particular lethal-injection procedure (using the standard three-drug protocol) comports with the Eighth Amendment it also determined the proper legal standard by which lethal-injection challenges in general should be judged, all in an effort to bring some uniformity to how these claims are handled by the lower courts. [58] Although uncertainty over whether executions in the United States would be put on hold during the period in which the United States Supreme Court considers the constitutionality of lethal injection initially arose after the court agreed to hear Baze, [59] no executions took place during the period between when the court agreed to hear the case and when its ruling was announced, with the exception of one lethal injection in Texas hours after the court made its announcement. [60]

On April 16, 2008, the Supreme Court rejected Baze v. Rees, thereby upholding Kentucky's method of lethal injection in a majority 7–2 decision. [61] Justices Ruth Bader Ginsburg and David Souter dissented. [62] Several states immediately indicated plans to proceed with executions.

The U.S. Supreme Court also upheld a modified lethal-injection protocol in the 2015 case Glossip v. Gross. [63] By the time of that case, Oklahoma had altered its execution protocol to use midazolam instead of thiopental or pentobarbital the latter two drugs had become unavailable for executions due to the European embargo on selling them to prisons. Inmates on Oklahoma's death row alleged that the use of midazolam was unconstitutional, because the drug was not proven to render a person unconscious as thiobarbital would. The Supreme Court found that the prisoners failed to demonstrate that midazolam would create a high risk of severe pain, and that the prisoners had not provided an alternative, practical method of execution that would have a lower risk. Consequently, it ruled that the new method was permissible under the Eighth Amendment.

On March 15, 2018, Russell Bucklew, a Missouri death-row inmate who had been scheduled to be executed on May 21, 2014, appealed the constitutionality of lethal injection on an as-applied basis. The basis for Bucklew's appeal was due to Bucklew's allegation that his rare medical condition would interfere with the effects of the drugs, potentially causing him to choke on his own blood. On April 1, 2019, The Supreme Court ruled against Bucklew on the grounds that his proposed alternative to lethal injection, nitrogen hypoxia, was neither "readily implemented" nor established to "significantly reduce a substantial risk of severe pain". [64] [65] [66] [67] Bucklew was executed on October 1, 2019.

The American Medical Association (AMA) believes that a physician's opinion on capital punishment is a personal decision. Since the AMA is founded on preserving life, they argue that a doctor "should not be a participant" in executions in any professional capacity with the exception of "certifying death, provided that the condemned has been declared dead by another person" and "relieving the acute suffering of a condemned person while awaiting execution". The AMA, however, does not have the ability to enforce its prohibition of doctors from participation in lethal injection. As medical licensing is handled on the state level, it does not have the authority to revoke medical licenses.

Typically, most states do not require that physicians administer the drugs for lethal injection, but most states do require doctors, nurses or paramedics to prepare the substances before their application and to attest the inmate's death after it. [24]

Some states specifically detail that participation in a lethal injection is not to be considered practicing medicine. For example, Delaware law reads "the administration of the required lethal substance or substances required by this section shall not be construed to be the practice of medicine and any pharmacist or pharmaceutical supplier is authorized to dispense drugs to the Commissioner or the Commissioner's designee, without prescription, for carrying out the provisions of this section, notwithstanding any other provision of law" (excerpt from Title 11, Chapter 42, § 4209). [68] State law allows for the dispensing of the drugs/chemicals for lethal injection to the state's department of corrections without a prescription. [68]

Opposition Edit

Opponents of lethal injection have voiced concerns that abuse, misuse and even criminal conduct is possible when there is not a proper chain of command and authority for the acquisition of death-inducing drugs.

Awareness Edit

Opponents of lethal injection believe that it is not actually painless as practiced in the United States. Opponents argue that the thiopental is an ultrashort-acting barbiturate that may wear off (anesthesia awareness) and lead to consciousness and an uncomfortable death wherein the inmates are unable to express discomfort because they have been rendered paralyzed by the paralytic agent. [69]

Opponents point to the fact that sodium thiopental is typically used as an induction agent and is not used in the maintenance phase of surgery because of its short-acting nature. Following the administration of thiopental, pancuronium bromide, a paralytic agent, is given. Opponents argue that pancuronium bromide not only dilutes the thiopental, but, as it paralyzes the inmate, also prevents the inmate from expressing pain. Additional concerns have been raised over whether inmates are administered an appropriate amount of thiopental owing to the rapid redistribution of the drug out of the brain to other parts of the body. [69]

Additionally, opponents argue that the method of administration also is flawed. They contend that as the personnel administering the lethal injection lack expertise in anesthesia, the risk of failure to induce unconsciousness is greatly increased. In reference to this issue, Jay Chapman, the creator of the American method, said, "It never occurred to me when we set this up that we'd have complete idiots administering the drugs". [70] Also, opponents argue that the dose of sodium thiopental must be customized to each individual patient, and not restricted to a set protocol. Finally, they contend that remote administration may result in an increased risk that insufficient amounts of the lethal-injection drugs enter the inmate's bloodstream. [69]

In summation, opponents argue that the effect of dilution or of improper administration of thiopental is that the inmate dies an agonizing death through suffocation due to the paralytic effects of pancuronium bromide and the intense burning sensation caused by potassium chloride. [69]

Opponents of lethal injection, as currently practiced, argue that the procedure employed is designed to create the appearance of serenity and a painless death, rather than actually providing it. More specifically, opponents object to the use of pancuronium bromide, arguing that its use in lethal injection serves no useful purpose since the inmate is physically restrained. Therefore, the default function of pancuronium bromide would be to suppress the autonomic nervous system, specifically to stop breathing. [69]

Research Edit

In 2005, University of Miami researchers, in cooperation with the attorney representing death-row inmates from Virginia, published a research letter in the medical journal The Lancet. The article presented protocol information from Texas, Virginia, and North and South Carolina which showed that executioners had no anesthesia training, drugs were administered remotely with no monitoring for anesthesia, data were not recorded, and no peer review was done. Their analysis of toxicology reports from Arizona, Georgia, North and South Carolina showed that post mortem concentrations of thiopental in the blood were lower than that required for surgery in 43 of 49 executed inmates (88%), and that 21 (43%) inmates had concentrations consistent with awareness. [71] [72] This led the authors to conclude that a substantial probability existed that some of the inmates were aware and suffered extreme pain and distress during execution. The authors attributed the risk of consciousness among inmates to the lack of training and monitoring in the process, but carefully made no recommendations on how to alter the protocol or how to improve the process. Indeed, the authors conclude, "because participation of doctors in protocol design or execution is ethically prohibited, adequate anesthesia cannot be certain. Therefore, to prevent unnecessary cruelty and suffering, cessation and public review of lethal injections is warranted".

Paid expert consultants on both sides of the lethal-injection debate have found opportunity to criticize the 2005 Lancet article. Subsequent to the initial publication in the Lancet, three letters to the editor and a response from the authors extended the analysis. The issue of contention is whether thiopental, like many lipid-soluble drugs, may be redistributed from blood into tissues after death, effectively lowering thiopental concentrations over time, or whether thiopental may distribute from tissues into the blood, effectively increasing post mortem blood concentrations over time. Given the near absence of scientific, peer-reviewed data on the topic of thiopental post mortem pharmacokinetics, the controversy continues in the lethal-injection community and, in consequence, many legal challenges to lethal injection have not used the Lancet article.

In 2007, the same group that authored the Lancet study extended its study of the lethal-injection process through a critical examination of the pharmacology of the barbiturate thiopental. This study – published in the online journal PLOS Medicine [73] – confirmed and extended the conclusions made in the original article and goes further to disprove the assertion that the lethal-injection process is painless.

To date, these two studies by the University of Miami team serve as the only critical peer-reviewed examination of the pharmacology of the lethal-injection process.

Cruel and unusual Edit

On occasion, difficulties inserting the intravenous needles have also occurred, with personnel sometimes taking over half an hour to find a suitable vein. [4] Typically, the difficulty is found in convicts with diabetes or a history of intravenous drug use. [24] Opponents argue that excessive time taken to insert intravenous lines is tantamount to cruel and unusual punishment. In addition, opponents point to instances where the intravenous line has failed, or when adverse reactions to drugs or unnecessary delays have happened during the process of execution.

On December 13, 2006, Angel Nieves Diaz was not executed successfully in Florida using a standard lethal-injection dose. Diaz was 55 years old, and had been sentenced to death for murder. Diaz did not succumb to the lethal dose even after 35 minutes, necessitating a second dose of drugs to complete the execution. At first, a prison spokesman denied Diaz had suffered pain and claimed the second dose was needed because Diaz had some sort of liver disease. [74] After performing an autopsy, the medical examiner, Dr. William Hamilton, stated that Diaz's liver appeared normal, but that the needle had pierced through Diaz's vein into his flesh. The deadly chemicals had subsequently been injected into soft tissue rather than into the vein. [75] Two days after the execution, then-Governor Jeb Bush suspended all executions in the state and appointed a commission "to consider the humanity and constitutionality of lethal injections." [76] The ban was lifted by Governor Charlie Crist when he signed the death warrant for Mark Dean Schwab on July 18, 2007. [77] On November 1, 2007, the Florida Supreme Court unanimously upheld the state's lethal-injection procedures. [78]

A study published in 2007 in the peer-reviewed journal PLOS Medicine suggested that "the conventional view of lethal injection leading to an invariably peaceful and painless death is questionable". [79]

The execution of Romell Broom was abandoned in Ohio on September 15, 2009, after prison officials failed to find a vein after two hours of trying on his arms, legs, hands, and ankle. This stirred up more intense debate in the United States about lethal injection. [80]

Dennis McGuire was executed in Lucasville, Ohio, on January 17, 2014. According to reporters, McGuire's execution took more than 20 minutes and that he was gasping for air for 10–13 minutes after the drugs had been administered. It was the first use of a new drug combination which was introduced in Ohio after the European Union banned sodium thiopental exports. [81] This reignited criticism of the conventional three-drug method. [82]

Clayton Lockett died of a heart attack during a failed execution attempt on April 29, 2014, at Oklahoma State Penitentiary in McAlester, Oklahoma. Lockett was administered an untested mixture of drugs that had not previously been used for executions in the U.S., and survived for 43 minutes before being pronounced dead. Lockett convulsed and spoke during the process, and attempted to rise from the execution table 14 minutes into the procedure, despite having been declared unconscious. [83]

Lethal injection, by design, is outwardly ambiguous with respect to what can be seen by witnesses. The 8th amendment of the US constitution proscribes cruel punishment but only the punished can accurately gauge the experience of cruelty. In execution, the inmate is unable to be a witness to their own execution and it falls on the assembled witnesses to decide. Eyewitnesses to execution report very different observations and these differences range from an opinion that the execution was painless to comments that the execution was highly problematic. [84] Post mortem examinations of inmates executed by lethal injection have revealed a common finding of heavily congested lungs consistent with pulmonary edema. [85] [86] The occurrence of pulmonary edema found at autopsy raises the question about the actual cruelty of lethal injection. If pulmonary edema occurs as a consequence of lethal injection, the experience of death may be more akin to drowning that simply the painless death described by lethal injection proponents. Pulmonary edema can only occur if the inmate has heart function and cannot occur after death.

European Union export ban Edit

Due to its use for executions in the US, the UK introduced a ban on the export of sodium thiopental in December 2010, [87] after it was established that no European supplies to the US were being used for any other purpose. [88] The restrictions were based on "the European Union Torture Regulation (including licensing of drugs used in execution by lethal injection)". [89] From December 21, 2011, the European Union extended trade restrictions to prevent the export of certain medicinal products for capital punishment, stating, "The Union disapproves of capital punishment in all circumstances and works towards its universal abolition". [90]

Support Edit

Commonality Edit

The combination of a barbiturate induction agent and a nondepolarizing paralytic agent is used in thousands of anesthetics every day. Supporters of the death penalty argue that unless anesthesiologists have been wrong for the past 40 years, the use of pentothal and pancuronium is safe and effective. In fact, potassium is given in heart bypass surgery to induce cardioplegia. Therefore, the combination of these three drugs is still in use today. Supporters of the death penalty speculate that the designers of the lethal-injection protocols intentionally used the same drugs as are used in everyday surgery to avoid controversy. The only modification is that a massive coma-inducing dose of barbiturates is given. In addition, similar protocols have been used in countries that support euthanasia or physician-assisted suicide. [40]

Anesthesia awareness Edit

Thiopental is a rapid and effective drug for inducing unconsciousness, since it causes loss of consciousness upon a single circulation through the brain due to its high lipophilicity. Only a few other drugs, such as methohexital, etomidate, or propofol, have the capability to induce anesthesia so rapidly. (Narcotics such as fentanyl are inadequate as induction agents for anesthesia.) Supporters argue that since the thiopental is given at a much higher dose than for medically induced coma protocols, it is effectively impossible for the condemned to wake up.

Anesthesia awareness occurs when general anesthesia is inadequately maintained, for a number of reasons. Typically, anesthesia is 'induced' with an intravenous drug, but 'maintained' with an inhaled anesthetic given by the anesthesiologist or nurse-anesthetist (note that there are several other methods for safely and effectively maintaining anesthesia). Barbiturates are used only for induction of anesthesia and although these drugs rapidly and reliably induce anesthesia, wear off quickly. A neuromuscular-blocking drug may then be given to cause paralysis which facilitates intubation, although this is not always required. The anesthesiologist or nurse-anesthetist is responsible for ensuring that the maintenance technique (typically inhalational) is started soon after induction to prevent the patient from waking up.

General anesthesia is not maintained with barbiturate drugs because they are so short-acting. An induction dose of thiopental wears off after a few minutes because the thiopental redistributes from the brain to the rest of the body very quickly. Also thiopental has a long half-life and needs time for the drug to be eliminated from the body. If a very large initial dose is given, little or no redistribution takes place because the body is saturated with the drug thus recovery of consciousness requires the drug to be eliminated from the body. Because this process is not only slow (taking many hours or days), but also unpredictable in duration, barbiturates are unsatisfactory for the maintenance of anesthesia.

Thiopental has a half-life around 11.5 hours (but the action of a single dose is terminated within a few minutes by redistribution of the drug from the brain to peripheral tissues) and the long-acting barbiturate phenobarbital has a half-life around 4–5 days. In contrast, the inhaled anesthetics have extremely short half-lives and allow the patient to wake up rapidly and predictably after surgery.

The average time to death once a lethal-injection protocol has been started is about 7–11 minutes. [91] Because it takes only about 30 seconds for the thiopental to induce anesthesia, 30–45 seconds for the pancuronium to cause paralysis, and about 30 seconds for the potassium to stop the heart, death can theoretically be attained in as little as 90 seconds. Given that it takes time to administer the drug, time for the line to flush itself, time for the change of the drug being administered, and time to ensure that death has occurred, the whole procedure takes about 7–11 minutes. Procedural aspects in pronouncing death also contribute to delay, so the condemned is usually pronounced dead within 10–20 minutes of starting the drugs. Supporters of the death penalty say that a huge dose of thiopental, which is between 14 and 20 times the anesthetic-induction dose and which has the potential to induce a medical coma lasting 60 hours, could never wear off in only 10–20 minutes.

Dilution effect Edit

Death-penalty supporters state that the claim that pancuronium dilutes the sodium thiopental dose is erroneous. Supporters argue that pancuronium and thiopental are commonly used together in everyday surgery and that if there were a dilution effect, it would be a known drug interaction.

Drug interactions are a complex topic. Simplistically, drug interactions can be classified as either synergistic or inhibitory interactions. In addition, drug interactions can occur directly at the site of action through common pathways, or indirectly through metabolism of the drug in the liver or through elimination in the kidney. Pancuronium and thiopental have different sites of action, one in the brain and one at the neuromuscular junction. Since the half-life of thiopental is 11.5 hours, the metabolism of the drugs is not an issue when dealing with the short time frame in lethal injections. The only other plausible interpretation would be a direct one, or one in which the two compounds interact with each other. Supporters of the death penalty argue that this theory does not hold true. They state that even if the 100 mg of pancuronium directly prevented 500 mg of thiopental from working, sufficient thiopental to induce coma would be present for 50 hours. In addition, if this interaction did occur, then the pancuronium would be incapable of causing paralysis. [ citation needed ]

Supporters of the death penalty state that the claim that the pancuronium prevents the thiopental from working, yet is still capable of causing paralysis, is not based on any scientific evidence and is a drug interaction that has never before been documented for any other drugs. [ citation needed ]

Single drug Edit

Terminally ill patients in Oregon who have requested physician-assisted suicide have received lethal doses of barbiturates. The protocol has been highly effective in producing a painless death, but the time required to cause death can be prolonged. Some patients have taken days to die, and a few patients have actually survived the process and have regained consciousness up to three days after taking the lethal dose. [92] In a California legal proceeding addressing the issue of the lethal-injection cocktail being "cruel and unusual," state authorities said that the time to death following a single injection of a barbiturate could be as much as 45 minutes. [93]

Barbiturate overdoses typically cause death by depression of the respiratory center, but the effect is variable. [ citation needed ] Some patients may have complete cessation of respiratory drive, whereas others may only have depression of respiratory function. [ citation needed ] In addition, cardiac activity can last for a long time after cessation of respiration. Since death is pronounced after asystole and given that the expectation is for a rapid death in lethal injection, multiple drugs are required, specifically potassium chloride to stop the heart. In fact, in the case of Clarence Ray Allen, a second dose of potassium chloride was required to attain asystole.


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