Post by Anja Nieser on Sept 26, 2006 15:12:38 GMT -5
Witness describes prolonged, painful execution
A witness to a prolonged and painful execution in Ohio testified Friday at
the trial of a lawsuit brought by Maryland inmate Vernon Evans Jr., whose
attorneys argue he could suffer a similar fate unless the state's lethal
injection procedure is changed.
Dorian Hall, the supervisor of investigators at the Ohio public defender's
office, said she heard "loud, intense, guttural moans and groans, like
someone was in agony" during the execution of Joseph Lewis Clark in May.
The noises were clearly audible through walls and a window after prison
workers closed a curtain to prevent witnesses from seeing the execution
chamber, Hall said. They went on for 5 to 10 minutes.
"We were shocked and horrified at what was going on," she said.
Like Evans, Clark had a history of intravenous drug use. Evans' attorneys
argue that Maryland's lethal injection procedure violates the
Constitutional protection against cruel and unusual punishment and that
Evans faces particular risk of excruciating pain because his veins have
been ravaged by decades of heroin abuse.
Evans' case is one in a flurry of challenges to lethal injection
procedures around the country. Just this year, federal judges in Missouri,
North Carolina and California ordered changes to those states' procedures,
and judges in Ohio and Arkansas issued stays of execution until similar
lawsuits could be heard.
The Ohio lawsuit was filed by a different inmate, Jeffrey Hill. His
lawsuit is still pending despite changes made to the state's lethal
injection protocol after the Clark execution.
Hall testified Friday that she was told by prison workers that an
intravenous catheter had dislodged itself from a vein in Clark's left arm
during the first attempt to administer the lethal drugs.
Before Clark was led into the execution chamber, Hall said she watched a
video feed as 2 paramedics struggled to find suitable veins in Clark's
arms to use for IVs. The process took between 20 and 30 minutes, and the
paramedics couldn't find a vein in Clark's right arm, Hall said.
Clark delivered his final statement and laid down as the drugs began
flowing through the IV tube, Hall said. A couple minutes later, "he raised
his shoulders and his head, turned to the prison personnel and said, 'It's
not working, it's not working.'"
That's when the curtain was closed, Hall said. It remained closed for
about 30 minutes, and when it was opened again, the IV was attached to the
same arm and Clark appeared to be asleep, she said. The drugs were
administered again, and he died.
"It was extremely sad and horrifying that Joe had to experience that,"
Hall said. "It just looked to be painful."
Ohio uses the same 3-drug thingytail that Maryland uses to execute inmates:
sodium pentothal, a barbiturate; pancuronium bromide, a paralyzing agent;
and potassium chloride, which stops the heart.
Evans' lawyers argue that it's possible an inmate could receive the lethal
drugs without being properly anesthetized, and that Evans' ravaged veins
will make it difficult to administer the drugs properly. They say someone
with knowledge of anesthesiology should be present during executions in
case something goes wrong.
U.S. District Judge Benson Legg raised the possibility Thursday that the
state's lethal injection protocol could be altered to accommodate Evans
without changing the death penalty law. The law calls for an
ultrashort-acting barbiturate and a paralyzing agent to be used but does
not specify the drugs or who should administer them.
The law also notes that execution is not a medical procedure, a key
component of the state's defense. The state argues that inmates executed
in Maryland have died painlessly.
Laura Mullally, a lawyer for the state, asked Hall during
cross-examination if she knew whether Clark was conscious when the
potassium chloride entered his veins.
"I have no idea," Hall said.
After Hall's testimony, Evans' lawyers introduced some additional evidence
and rested their case. The trial stands in recess until Oct. 10.
Lead attorney Stephen Hut said he was satisfied he had shown the flaws in
the way Maryland executes inmates.
"This is an unsound procedure, and it unreasonably threatens grave and
excruciating pain," Hut said. "It's especially problematic in the case of
Vernon Evans."
Lawyers for the state declined to speak to reporters.
Several members of Maryland's execution team testified this week. To
protect their identities, they were referred to in court by code names,
and reporters were allowed only to listen to an audio feed of their
testimony.
The execution team commander said Thursday that corrections officials made
minor changes to the execution protocol in response to Evans' lawsuit,
including requiring that the person who inserts the IVs remain in the room
throughout the execution. Hut said the changes did not go far enough.
Several execution team members said they had only vague knowledge of what
the lethal drugs were or what they did. The execution commander and the
execution team commander testified that they received no medical training
or specialized training for their jobs. And the former Division of
Correction employee who wrote Maryland's execution protocol said he lifted
it largely from Delaware's protocol and did not consider whether it would
result in a painless death.
Evans, 56, was sentenced to die for the contract murders of Scott
Piechowicz and his sister-in-law, Susan Kennedy, in 1983. Piechowicz and
his wife had been scheduled to testify against a Baltimore drug lord.
Evans' execution had been scheduled for the week of Feb. 6, but the
Maryland Court of Appeals granted a stay.
(source: Associated Press)
A witness to a prolonged and painful execution in Ohio testified Friday at
the trial of a lawsuit brought by Maryland inmate Vernon Evans Jr., whose
attorneys argue he could suffer a similar fate unless the state's lethal
injection procedure is changed.
Dorian Hall, the supervisor of investigators at the Ohio public defender's
office, said she heard "loud, intense, guttural moans and groans, like
someone was in agony" during the execution of Joseph Lewis Clark in May.
The noises were clearly audible through walls and a window after prison
workers closed a curtain to prevent witnesses from seeing the execution
chamber, Hall said. They went on for 5 to 10 minutes.
"We were shocked and horrified at what was going on," she said.
Like Evans, Clark had a history of intravenous drug use. Evans' attorneys
argue that Maryland's lethal injection procedure violates the
Constitutional protection against cruel and unusual punishment and that
Evans faces particular risk of excruciating pain because his veins have
been ravaged by decades of heroin abuse.
Evans' case is one in a flurry of challenges to lethal injection
procedures around the country. Just this year, federal judges in Missouri,
North Carolina and California ordered changes to those states' procedures,
and judges in Ohio and Arkansas issued stays of execution until similar
lawsuits could be heard.
The Ohio lawsuit was filed by a different inmate, Jeffrey Hill. His
lawsuit is still pending despite changes made to the state's lethal
injection protocol after the Clark execution.
Hall testified Friday that she was told by prison workers that an
intravenous catheter had dislodged itself from a vein in Clark's left arm
during the first attempt to administer the lethal drugs.
Before Clark was led into the execution chamber, Hall said she watched a
video feed as 2 paramedics struggled to find suitable veins in Clark's
arms to use for IVs. The process took between 20 and 30 minutes, and the
paramedics couldn't find a vein in Clark's right arm, Hall said.
Clark delivered his final statement and laid down as the drugs began
flowing through the IV tube, Hall said. A couple minutes later, "he raised
his shoulders and his head, turned to the prison personnel and said, 'It's
not working, it's not working.'"
That's when the curtain was closed, Hall said. It remained closed for
about 30 minutes, and when it was opened again, the IV was attached to the
same arm and Clark appeared to be asleep, she said. The drugs were
administered again, and he died.
"It was extremely sad and horrifying that Joe had to experience that,"
Hall said. "It just looked to be painful."
Ohio uses the same 3-drug thingytail that Maryland uses to execute inmates:
sodium pentothal, a barbiturate; pancuronium bromide, a paralyzing agent;
and potassium chloride, which stops the heart.
Evans' lawyers argue that it's possible an inmate could receive the lethal
drugs without being properly anesthetized, and that Evans' ravaged veins
will make it difficult to administer the drugs properly. They say someone
with knowledge of anesthesiology should be present during executions in
case something goes wrong.
U.S. District Judge Benson Legg raised the possibility Thursday that the
state's lethal injection protocol could be altered to accommodate Evans
without changing the death penalty law. The law calls for an
ultrashort-acting barbiturate and a paralyzing agent to be used but does
not specify the drugs or who should administer them.
The law also notes that execution is not a medical procedure, a key
component of the state's defense. The state argues that inmates executed
in Maryland have died painlessly.
Laura Mullally, a lawyer for the state, asked Hall during
cross-examination if she knew whether Clark was conscious when the
potassium chloride entered his veins.
"I have no idea," Hall said.
After Hall's testimony, Evans' lawyers introduced some additional evidence
and rested their case. The trial stands in recess until Oct. 10.
Lead attorney Stephen Hut said he was satisfied he had shown the flaws in
the way Maryland executes inmates.
"This is an unsound procedure, and it unreasonably threatens grave and
excruciating pain," Hut said. "It's especially problematic in the case of
Vernon Evans."
Lawyers for the state declined to speak to reporters.
Several members of Maryland's execution team testified this week. To
protect their identities, they were referred to in court by code names,
and reporters were allowed only to listen to an audio feed of their
testimony.
The execution team commander said Thursday that corrections officials made
minor changes to the execution protocol in response to Evans' lawsuit,
including requiring that the person who inserts the IVs remain in the room
throughout the execution. Hut said the changes did not go far enough.
Several execution team members said they had only vague knowledge of what
the lethal drugs were or what they did. The execution commander and the
execution team commander testified that they received no medical training
or specialized training for their jobs. And the former Division of
Correction employee who wrote Maryland's execution protocol said he lifted
it largely from Delaware's protocol and did not consider whether it would
result in a painless death.
Evans, 56, was sentenced to die for the contract murders of Scott
Piechowicz and his sister-in-law, Susan Kennedy, in 1983. Piechowicz and
his wife had been scheduled to testify against a Baltimore drug lord.
Evans' execution had been scheduled for the week of Feb. 6, but the
Maryland Court of Appeals granted a stay.
(source: Associated Press)