USA-COURT/OKLAHOMA-DEATH PENALTY Oklahoma lethal injection drug faces U.S. Supreme Court test

Record ID: 134791

  • Title: USA-COURT/OKLAHOMA-DEATH PENALTY Oklahoma lethal injection drug faces U.S. Supreme Court test
  • Date: 27th April 2015
  • Summary: WASHINGTON D.C., UNITED STATES (APRIL 27, 2015) (REUTERS) EXTERIORS OF U.S. SUPREME COURT WIDE OF DALE BAICH, ASSISTANT FEDERAL PUBLIC DEFENDER, CAPITAL HABEAS UNIT (SOUNDBITE) (English) DALE BAICH, ASSISTANT FEDERAL PUBLIC DEFENDER, CAPITAL HABEAS UNIT, SAYING: "This litigation is about making sure that if their execution goes forward it would be carried out in a pain fre
  • Embargoed: 12th May 2015 13:00
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  • Topics: General
  • Reuters ID: LVA2NE3CYEUQMMGFYFP3UP29QR1M
  • Aspect Ratio: 16:9
  • Story Text: The U.S. Supreme Court is set to hear arguments this Wednesday (April 29) on whether a drug used in Oklahoma's lethal injection mix should be banned in a case that comes as a shortage of execution drugs has sent some states scrambling for alternatives.
    The main question before the nine justices in the case brought by three death row inmates is whether the use of the sedative midazolam violates constitutional protections against cruel and unusual punishment.
    Dale Baich, Assistant Federal Public Defender, Capital Habeas Unit, says the case does not address the constitutionality of the death penalty in general.
    "This litigation is about making sure that if their execution goes forward it would be carried out in a pain free and humane way. That's all this litigation is about," Baich said. "It's not about trying to end the death penalty or get rid of it in a particular case. It's to make sure that the states comply with the Eighth Amendment to the Constitution and carry out executions humanely."
    Opponents say midazolam is not approved for use in painful surgeries and should not be used in the death chamber because it cannot maintain a coma-like unconsciousness, potentially leaving inmates in intense pain from lethal injection drugs that halt breathing and stop the heart.
    "Oklahoma's selection of midazolam was grounded in expedience, rather than science," according to a petition filed with the court on behalf of the inmates: Richard Glossip, John Grant and Benjamin Cole.
    The drug has been used in executions in Oklahoma, Florida, Ohio and Arizona.
    "Midazolam is not a barbiturate which means it doesn't induce a coma-like state. So, if midazolam is used, what we have seen is that it wears off and the prisoner becomes conscious... and the sensation that the prisoner would have is that of a horse sitting on his chest as liquid fire is going through his veins," Baich said.
    The state maintains the drug is effective. Oklahoma's lawyers said in court papers the case was a "full-throated attack" on the state's ability to implement death sentences.
    Executions in Oklahoma came under greater scrutiny after the flawed lethal injection a year ago of convicted murderer Clayton Lockett, who received midazolam and was seen twisting on the death chamber gurney after medical staff improperly placed the IV line.
    "What we learned from the Clayton Lockett execution, at some point, that that drug would wear off, and the prisoner will experience the pain of the second and third drugs being administered," Baich said.
    Citing ethical reasons, drug-makers, mostly from Europe, began banning sales of drugs for use in executions, about four years ago.
    States were forced to find new combinations and turned to lightly regulated compounding pharmacies, which can mix chemicals, for execution drugs.
    Another barrier was set up in March when the largest association of U.S. pharmacists approved a measure at its annual meeting urging members to avoid participating in executions.
    Baich said that if the Supreme Court allows the continued use of midazolam, then that would open the door for states to continue to "experiment" with midazolam and other unregulated drugs.
    Oklahoma Governor Mary Fallin signed a bill nearly two weeks ago stipulating that Oklahoma might use nitrogen gas as an alternative execution method if the U.S. Supreme Court finds the state's lethal injection process unconstitutional or drugs are unavailable.
    Oklahoma's adoption of nitrogen gas follows Utah's decision in March to reauthorize the use of firing squads for executions if lethal drugs are not available.
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