Although the execution was stopped, Lockett died 43 minutes after being sedated. He writhed, groaned, convulsed,and spoke during the process and attempted to rise from the execution table fourteen minutes into the procedure, despite having been declared unconscious.
Clayton Lockett tasered before bungled lethal injection
Clayton Lockett was born in 1975 to a drug-using mother. She abandoned him when he was three years old, and he was then raised by his father who severely physically abused him throughout his childhood, gave him (Lockett) drugs starting at age 3, and encouraged him (Lockett) to steal and not get caught.
In 1992, at the age of sixteen, Lockett pleaded guilty in Kay County to burglary and knowingly concealing stolen property. He received a seven-year prison sentence. Earlier that year, he pleaded no contest to two counts of intimidating state witnesses.
While imprisoned at age 16 at the Oklahoma State Penitentiary, a prison for adults, Lockett was gang raped by three adult male prisoners.
In 1999, Lockett kidnapped, beat, and shot Stephanie Neiman, a nineteen-year-old high school graduate, friend of Lockett’s other victims, and a witness to his crimes. The men beat her and used duct tape to bind her hands and cover her mouth. Even after being kidnapped and driven to a dusty country road, Neiman did not back down when Lockett asked if she planned to contact police. After she stated she would go to the police, Lockett decided to bury her alive.
Lockett ordered an accomplice to bury her while she was still breathing. She died from two wounds from a shotgun fired by Lockett.In 2000, he was convicted of murder, rape, forcible sodomy, kidnapping, assault and battery and sentenced to death. Previously Lockett was sentenced to four years in prison for a conviction in 1996 in Grady County for conspiracy to commit a felony.
At his 1999 murder trial, DNA from the dead victim, fingerprints from the duct tape used to bind the victim, and eye-witness testimony led to his murder conviction.
In 2011, Hospira announced that it would stop manufacturing sodium thiopental, due to use by American prisons for executions. “Virtually all” death rows in the US were left without a steady supply of the drug, which is used to numb the pain of potassium chloride stopping the heart. Some states bartered supplies of execution drugs, while other states were accused of illegally buying drugs from India and other sources. The Drug Enforcement Administration seized supplies of sodium thiopental from several states in spring and summer 2011, questioning how they were imported.
Other manufacturers have also refused to provide pharmaceutical drugs for the purpose of execution, and a European export ban added to problems obtaining the necessary drugs.
Due to the supply issues, Oklahoma used an untested mixture of midazolam, vecuronium bromide, and potassium chloride for Lockett’s execution. While Florida had previously used the same three drugs in a 2013 execution, they used 500 mg of midazolam rather than the 100 mg used by Oklahoma.
Secrecy laws in Oklahoma prevent the public knowing more than which three drugs were used. The state refused to state why that drug combination was chosen, what the drugs were like and how they were obtained. Reportedly, the drugs were bought with petty cash making the transaction harder to track and to challenge legally.
In a recent Florida case experts testified that midazolam would not cause unconsciousness. Instead of sedating some patients midazolam can make them violent. Dennis McGuire took 25 minutes to die; he gasped and snorted. The U.S. Supreme Court has ruled that if the first drug does not make the inmate unconscious there is an unacceptable risk of suffocation and pain from the two following drugs.
Potassium chloride causes severe pain if used without an anesthetic. Pharmacology professor, Craig Stevens of Oklahoma State University asked why anesthesiology or pharmacology experts were not consulted. “Midazolam has no analgesic properties. It’s a whole different drug class than sodium thiopental or barbiturates,” Stevens said. Stevens described dying from the other two drugs without anesthetic as “horrific”.
The drug combination used is considered too painful to euthanise animals. “Veterinarians in at least one state are barred from using a three-drug formula used on several inmates, including Clayton Lockett.”
Oklahoma GovernorMary Fallin had strongly pushed for the execution to take place despite the lack of standard drugs, initially issuing an executive order to proceed despite a stay by the Supreme Court of Oklahoma. Republican allies of Fallin started impeachment proceedings against the justices who tried to delay the execution; the stay was later lifted. Lockett’s lawyers also unsuccessfully sought to force Oklahoma to reveal the source of the drugs, which the state refused.
Oklahoma officials testified that the drugs to be used in Lockett’s execution had been legally obtained and had not expired.
Before the execution, Lockett’s stepmother LaDonna Hollins was reported as saying,
“I want to know what mixture of drugs are you going to use now? Is this instant? Is this going to cause horrible pain?” and “I know he’s scared “.
He said he’s not scared of the dying as much as the drugs administered.
Oklahoma inmate Clayton Lockett dies brutal death after botched lethal injection
Lockett’s failed execution occurred at Oklahoma State Penitentiary in McAlester, Oklahoma, on April 29, 2014, after he had been tasered by staff and attempted to cut himself earlier that day. After administration of the first drug at 6:23 p.m. CDT, Lockett was declared unconscious at 6:33 p.m, and the execution was halted after about twenty minutes. He was declared dead at 7:06 p.m. due to a heart attack.
Oklahoma Department of Corrections Director Robert Patton said one of the doctors present stopped the execution after Lockett had a “vein failure”.According to the Department of Corrections, the time for an inmate to be pronounced dead was 6 to 12 minutes in the previous 19 executions before Lockett’s.
After being declared unconscious, Lockett was able to raise his head and said, “Oh, man”, “I’m not…” and according to some sources,“something’s wrong”. Lockett began writhing at 6:36 p.m. and was observed twitching and convulsing. He attempted to rise from the table at 6:37 p.m. and loudly exhaled.A lawyer for Lockett reportedly said,
“It looked like torture.”
All three drugs had been administered to Lockett, but it was unclear how much entered his system. A vein in the groin was selected as the injection site, and a cloth was put over it to prevent witnesses seeing the groin area. This prevented staff from seeing that the IV connection had failed.Patton said “the chemicals did not enter into the offender”
Prison officials had reportedly discussed taking Lockett to a hospital before he died.
A subsequent report showed Clayton Lockett’s execution was halted 33 minutes after it began, his vein collapsed as the drugs were administered, and a doctor said there were not enough drugs left and that Lockett had not been given enough drugs to cause death; the doctor also said there were not enough drugs to continue.
The report noted:
The doctor checked the IV and reported the blood vein had collapsed, and the drugs had either absorbed into tissue, leaked out or both. […] Patton asked if enough drugs had been administered to cause death, to which the doctor replied “no”. The director then asked if another vein was available to complete the execution, and if so, were there enough drugs left. The doctor answered no to both questions.
Following Lockett’s death, a fourteen-day stay of execution was granted for Charles Frederick Warner, an Oklahoma convict who had been scheduled for execution two hours after Lockett with the same combination of drugs. Governor of OklahomaMary Fallin also requested a review of the execution process involved in Lockett’s death. Fallin’s intervention led to the execution which possibly violated separation of powers within the state.
Dean Sanderford, Lockett’s lawyer, witnessed the execution and complained “the planned review would not be independent”. Sanderford feared “investigation by state employees or agencies would not restore confidence in the execution process”.
Lawyers representing the next set of prisoners scheduled to be executed called for a moratorium on all executions. Madeline Cohen, an attorney for Warner, condemned the way Lockett was executed, noting that “Clayton Lockett was tortured to death,” also denouncing the state’s refusal to disclose “basic information” about the drugs for the lethal injection procedures.Democratic state representative, Joe Dorman calls for outside investigation into how Lockett died. He fears the planned review could “lead to suppression of critical evidence in the unlikely event that criminal wrongdoing is uncovered.”
A timeline issued by Robert Patton, director of the Oklahoma Department of Corrections, revealed that Clayton Lockett was tasered after refusing to be restrained and escorted to a medical room for an X-ray exam as part of the protocol leading up to his execution. During his medical exam officials found a cut on his right arm, but staff determined that sutures were not needed. The timeline also revealed that Lockett refused a food tray twice.
Patton also recommended in the letter to governor Mary Fallin that the state conduct a complete review of execution protocols, indefinitely suspend all executions, and investigate the circumstances surrounding the execution.
The White House said the execution “fell short of humane standards” President Barack Obama declared the action “deeply disturbing” and ordered attorney generalEric Holder to review the policy on executions.Obama cited uneven application of the death penalty in the United States, including racial bias (Lockett was African-American) and cases in which murder convictions were later overturned, as grounds for further study of the issue.
Governor Fallin said “the state of Oklahoma executed Clayton Lockett” amid media coverage that portrayed the execution as “botched”, The Telegraph calling it “barbarism” and “inappropriate in a civilized society”, noting “the idea of actually spectating while the victim is killed surely clashes with basic humanity.”
The executive director of the Death Penalty Information Center, Richard Dieter, said the attempted execution of Lockett was a “torturous action” and thinks the execution might “lead to a halt in executions until states can prove they can do it without problems”.
He said the death penalty advocates should be “concerned about whether the state knows what it is doing”.
“Science experiment” to cause Lockett to “die in pain”
over the course of more than 40 minutes, the state had “disgraced itself before the nation and world”. US advocacy director of Human Rights Watch Antonio Ginatta said “people convicted of crimes should not be test subjects for a state’s grisly experiments” and that the “botched execution was nothing less than state-sanctioned torture”
A month after the execution Oklahoma state had not released the official log of the incident. Oklahoma State University and freedom of information campaigner, Joey Senat said, “They’re not complying with the law by this kind of delay.”
Lockett’s lawyers released the preliminary results of an independent autopsy on Lockett, conducted by forensic pathologist Joseph Cohen and commissioned by Lockett’s legal team. It suggested that the execution team failed to ensure the IV had been properly inserted. According to Cohen, the execution team made several attempts to insert IVs into Lockett’s arms and groin before inserting an IV in his femoral vein. However, they failed to ensure the IV went in all the way, resulting in the drugs being absorbed into Lockett’s muscle. The report also challenged the official claim that Lockett’s veins failed, saying that his veins were perfectly healthy.
Today’s News and social media have been busy debating the fact the US pharmaceutical giant Pfizer, has recently took steps to prevent its drugs being used in lethal injection process for capital punishment –
Stating that :
“We strongly object to the use of any of our products in the lethal injection process for capital punishment,”
It stressed that its products were meant to save the lives of patients.
The move reportedly shuts off the last remaining open market source of drugs used in executions in the US and officials are now searching for a new drug cocktails by which the lethal injection could be achieved.
American has a long record of state sanctioned executions as a means of the ultimate deterrent and although the figures have been dropping over the past decade , the USA came fifth in a recent survey of countries who still use execution as a legal method of punishment and surprisingly came above Iraq.
China once again topped the table with over 1000 “official” executions , but this figure is believed to be substantially higher and the Mobile Death Vans have been clocking up the miles.
At least 25 countries were known to have carried out judicial executions in 2015. At least 1,634 executions were carried out in 2015, the highest number in 25 years. This figure does not include the thousands of executions that were believed to be carried out in China. Beginning in 2009, Amnesty International ceased to publish minimum figures for the use of the death penalty in China, where such statistics are considered to be state secrets. 89% of all recorded executions in 2015 took place in 3 countries: Iran, Pakistan, and Saudi Arabia. At least 1,998 people are known to have been sentenced to death in 2014, a decrease compared to 2014.
Countries with the Most Confirmed Executions in 2015
1. China 1,000s
4. Saudi Arabia (158+)
2. Iran (977+)
5. United States (28)
3. Pakistan (326)
6. Iraq (26+)
Whats my view on the death penalty?
For the record I am personally fundamentally against the death penalty , regardless of the crime. That doesn’t mean I’m a bleeding hearts do-gooder , it means I’m a casual pacifist , ( I ‘m against all killings , but accept violence is sometimes necessary to put bad , evil people in their place ) and although I am now leaning towards becoming a fully fledged atheist , I spent much of my childhood in church and wanted more than anything to believe in God, baby Jesus and the essential good in all mankind.
Time and my life experiences have turned my heart hard to these principles and yet there is still a tiny smouldering amber in my soul that clings to a need for some grand plan that heaven is a real place and one day I will be reunited with those I love and lost – in the Kingdom of God and we will live in joy for all eternity – Isn’t religion a little bit insane?
In regards to crime and punishment and the death penalty , although I am against this in principle , if someone commits a heinous crime against another human & esp a defenseless child or women – then I want the bastard to suffer for the rest of his/her natural LIFE . Each and everyday that they breath the air around us. I want them to become the “Bitch” of their cells mates, I want them to be beaten unconscious every day and I want them to curse the day they were born and come to regret the crimes they committed . I want them to live in misery every second of every day and I want them to pray for death.
Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing immediate death. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide. It kills the person by first putting them to sleep, and then stopping the breathing and heart, in that order.
Lethal injection, known as putting someone to death, was first proposed on January 17, 1888, by Julius Mount Bleyer, a New York doctor who praised it as being cheaper than hanging. Bleyer’s idea, however, was never used. Almost half a century later, lethal injection was revisited, due to a series of botched executions and the eventual rise of public disapproval in electrocutions. Nazi Germany developed the Action T4 euthanasia program as one of its methods of disposing of Lebensunwertes Leben (“life unworthy of life”).
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 intravenoussaline drip shall be started in the prisoner’s arm, into which shall be introduced a lethal injection consisting of an ultra-short-acting barbiturate in combination with a chemical paralytic.”
After the procedure was approved by anesthesiologist Stanley Deutsch, formerly Head of the Department of Anaesthesiology of the Oklahoma University Medical School, 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, thirty-seven of the thirty-eight states using capital punishment introduced lethal injection statutes.
On August 29, 1977,Texas adopted the new method of execution, switching to lethal injection from electrocution. On December 7, 1982, Texas became the first state to use lethal injection to carry out capital punishment, for the execution of Charles Brooks, Jr.
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.
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. At the same time, Wyoming and Utah were considering the use of firing squads in addition to existing execution methods.
Procedure in China executions
Mekong River Execution – China News Broadcast, March 1, 2013
In the past, The People’s Republic of China executed prisoners primarily by means of shooting. In recent years, lethal injection has become more popular. The specific lethal injection procedures, including the drug or drugs used, are a state secret and not publicly known. In at least some cases, prisoners facing death by lethal injection have been sedated at a prison, then placed inside an execution van that is disguised to look like a regular police van.
Procedure in U.S. Executions
The condemned person is strapped onto a gurney; two intravenouscannulae (“IVs”) are 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 the line does not snap during the injections.
The arm of the condemned person is swabbed with alcohol before the cannula is inserted.
The needles and equipment used are sterilized. There have been questions about why these precautions against infection are performed despite the purpose of the injection being death. There are several explanations: cannulae are sterilized during manufacture, so using sterile ones is routine medical procedure. Secondly, there is a chance that 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). Thus, it would be a hazard to prison personnel to use unsterilized equipment.
HOW LETHAL INJECTION WORKS
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 so prison officials can determine when death has occurred.
Sodium thiopental or pentobarbital: ultra-short 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.onsequently, 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.
Pancuronium bromide: non-depolarizing muscle relaxant, 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.
The drugs are not mixed externally as that can cause them to precipitate. Also, a sequential injection is key to achieve the desired effects in the appropriate order: administration of the pentobarbital essentially 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, but 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 will signal that the execution may commence, and the executioner(s) (either prison staff or private citizens depending on the jurisdiction) will 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 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.
In two states (Delaware and Missouri) there is a lethal injection machine designed by Massachusetts-based Fred A. Leuchter that comprises two components: the delivery module and the control module. Two staff members each have a station in which they key the machine on and depress two stations buttons to be ready in case of mechanical failure. Each person presses one station button on the console which travels to a computer which starts all three injections electronically.
The computer then deletes who actually started the syringes so that 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 containing saline, syringes 2, 4, 6 containing the lethal drugs for the main line and syringes 1, 3, 5 containing the injections for the back-up 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.
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, in December 8, 2009
In 2011, after pressure by activist organizations, the manufacturers of sodium thiopental and pentobarbital halted supply of the drugs to U.S. prisons performing lethal injections and required all resellers to do the same.
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, 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.
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.
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. The dose used for capital punishment is therefore about 3 times more than the dose used in euthanasia.
Pancuronium bromide (Pavulon)
Lethal injection dosage: 100 milligrams
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.
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 there is insufficient potassium, called hypokalemia, in the blood. The potassium can be given orally, which is the safest route; or it can be given intravenously, in which case there are strict rules and hospital protocols on 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). Without this negative resting potential, cardiac cells cannot repolarize (prepare for their next contraction).
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, and eventual sine-wave formation and asystole. Cases of patients dying from hyperkalemia (usually secondary to renal failure) are well known in the medical community, where patients have been known to die very rapidly, having previously seemed to be normal.
New lethal injection protocols
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. The first state to switch to use Midazolam as the first drug in a new three-drug protocol was Florida on October 15, 2013.[
Then on November 14, 2013, Ohio made the same move.
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.
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 a.m. 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. Currently, eight states (Arizona, Georgia, Idaho, Missouri, Ohio, South Dakota, Texas and Washington) have used the single-drug execution protocol. 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.
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. The subsequent nationwide shortage of sodium thiopental led states to seek for other drugs. Pentobarbital, a drug often used for animal euthanasia, 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.
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.
Lethal injection has also been used in cases of euthanasia to facilitate voluntary death in patients with terminal or chronically painful conditions. 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 thiopental sodium (Nesdonal), if necessary, 1.5-2 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. In order to ensure optimal availability, these agents are preferably given intravenously. However, there are substantial indications that they can also be injected intramuscularly. In severe hepatitis or cirrhosis of the liver, alcuronium is the agent of first choice.
Intravenous administration is the most reliable and rapid way to accomplish euthanasia and therefore can be safely recommended. A coma is first induced by intravenous administration of 20 mg/kg thiopental sodium in a small volume (10 ml physiological saline). Then a triple intravenous dose of a non-depolarizing 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, in order to ensure optimal availability. Only for pancuronium dibromide are there substantial indications that the agent may also be given intramuscularly in a dosage of 40 mg.
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. Lower courts evaluating these challenges have reached opposing conclusions. For example, courts have found that lethal injection as practiced in California, Florida, and Tennessee is unconstitutional. On the other hand, courts have found that lethal injection as practiced in Missouri, Arizona, and Oklahoma 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.
On September 25, 2007, the United States Supreme Court agreed to hear a lethal injection challenge arising from Kentucky, Baze v. Rees. In Baze, the Supreme Court addressed whether Kentucky’s particular lethal injection procedure comports with the Eighth Amendment and will determine 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. 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, 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.
The U.S. Supreme Court also upheld lethal injection in the 2015 case Glossip v. Gross.
Ethics of lethal injection
The American Medical Association 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”
Amnesty International argues that the AMA’s position effectively “prohibits doctors from participating in executions.” The AMA, however, does not have the authority to prohibit doctors from participation in lethal injection, nor does it have the authority to revoke medical licenses, since this is the responsibility of the individual states.
Typically, most states do not require that physicians administer the drugs for lethal injection, but many states do require that physicians be present to pronounce or certify death .
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). State law allows for the dispensing of the drugs/chemicals for lethal injection to the state’s Department of Corrections (DOC) without a prescription.
Opponents of lethal injection believe that it is not actually painless as practiced in the United States. Opponents argue that the thiopental is an ultra-short acting barbiturate that may wear off (anesthesia awareness) and lead to consciousness and an uncomfortable death wherein the inmate is unable to express their discomfort because they have been rendered paralyzed by the paralytic agent.
Opponents point to the fact that sodium thiopental is typically used as an induction agent and not used in the maintenance phase of surgery because of its short acting nature. Following the administration of thiopental, pancuronium bromide is given. Opponents argue that pancuronium bromide not only dilutes the thiopental, but (since the inmate is paralyzed) also prevents the inmate from expressing pain. Additional concerns have been raised over whether inmates are administered an appropriate level of thiopental owing to the rapid redistribution of the drug out of the brain to other parts of the body.
Additionally, opponents argue that the method of administration is also flawed. They state that since the personnel administering the lethal injection lack expertise in anesthesia, the risk of failing to induce unconsciousness is greatly increased. In reference to this problem, Jay Chapman, the creator of lethal injection, said,
“It never occurred to me when we set this up that we’d have complete idiots administering the drugs.”
Also, they argue that the dose of sodium thiopental must be customized to each individual patient, not restricted to a set protocol. Finally, the remote administration results in an increased risk that insufficient amounts of the lethal injection drugs enter the bloodstream.
In total, opponents argue that the effect of dilution or 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.
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.
In 2005, University of Miami researchers, in cooperation with an attorney representing death row inmates, published a research letter in the medical journal The Lancet. The article presented protocol information from Texas and Virginia 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 Carolina, 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%); 21 (43%) inmates had concentrations consistent with awareness.
This led the authors to conclude that there was a substantial probability 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 make 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 – confirmed and extended the conclusions made in The Lancet 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. These findings also appear true to be further supported by increased reporting of problematic lethal injections in the United States.
According to the New Lethal Injection Protocols section above, single-drug lethal injection is already in use, or intended, in eleven states.
The execution can be painlessly accomplished, without risk of consciousness, by the injection of a single large dose of a barbiturate. By this logic, the use of any other chemicals is entirely superfluous and only serves to unnecessarily increase the risk of pain during the execution. Another possibility would be the infusion of a powerful and fast-acting narcotic, such as fentanyl, which would ensure comfort while suppressing the victim’s respiratory drive.
On occasion, there have also been difficulties inserting the intravenous needles, sometimes taking over half an hour to find a suitable vein. Typically, the difficulty is found in convicts with a history of intravenous drug use. Opponents argue that the insertion of intravenous lines that take excessive amounts of time are tantamount to being cruel and unusual punishment. In addition, opponents point to instances where the intravenous line has failed, or where there have been adverse reactions to drugs, or unnecessary delays 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. After performing an autopsy, the Medical Examiner, Dr. William Hamilton, stated that Diaz’s liver appeared normal, but that the needle had been pierced through Diaz’s vein into his flesh. The deadly chemicals had subsequently been injected into soft tissue, rather than into the vein.
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.” The ban was lifted by Governor Charlie Crist when he signed the death warrant for Mark Dean Schwab on July 18, 2007. On November 1, 2007, the Florida Supreme Court unanimously upheld the state’s lethal injection procedures.
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”.
The execution of Romell Broom was abandoned in Ohio on September 15, 2009, after prison officials failed to find a vein after 2 hours of trying on his arms, legs, hands and ankle. This has stirred up intense debate in the United States about lethal injection.
Dennis McGuire was executed in Lucasville, Ohio on January 17, 2014. According to reporters the execution of McGuire took more than 20 minutes and McGuire was gasping for air for 10 to 13 minutes. It was the first use of a new drug combo which was introduced in Ohio after the European Union banned sodium thiopental exports. This renewed criticism on the conventional three-drug method.
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.
Executions on hold after lethal injection goes wrong
See Clayton Lockett
European Union export ban
Due to its use for executions in the US, the UK introduced a ban on the export of sodium thiopental in December 2010, after it was established that no European supplies to the US were being used for any other purpose.
The restrictions were based on “the European Union Torture Regulation (including licensing of drugs used in execution by lethal injection)”. From December 21, 2011 the European Union extended trade restrictions to prevent the export of certain medicinal products for capital punishment, stating that “The Union disapproves of capital punishment in all circumstances and works towards its universal abolition”.
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 last 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 used in every day 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 death.
Thiopental is a rapid and effective drug for inducing unconsciousness, since it causes loss of consciousness upon one 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 (note that there are several other methods of safely and effectively maintaining anesthesia). Barbiturates are used only for induction of anesthesia and these drugs rapidly and reliably induce anesthesia, but 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 has the responsibility to ensure 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. 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. However, it has a long half-life, which means that it takes a long time for the drug to be eliminated from the body. If a very large initial dose is given, little or no redistribution takes place (since the body is saturated with the drug), which means that recovery of consciousness requires the drug to be eliminated from the body, which is not only slow (taking many hours or days), but unpredictable in duration, making barbiturates very unsatisfactory for maintenance of anesthesia.
Thiopental has a half-life of approximately 11.5 hours (however, 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 of approximately 4–5 days. It contrasts towards 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 to 11 minutes. Since it only takes 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 and, therefore, the condemned is usually pronounced dead within 10 to 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 to 20 minutes.
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 surgery every day and if there were a dilution effect, it would be a known drug interaction.
Drug interactions are a complex topic. Some drug interactions can be simplistically 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, there would be sufficient thiopental to induce coma for 50 hours. In addition, if this interaction did occur, then the pancuronium would be incapable of causing paralysis.
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.
Amnesty International, Human Rights Watch, Death Penalty Information Center, Reprieve, and other anti-death penalty groups have not proposed a lethal injection protocol which they believe is less painful. Supporters of the death penalty argue that the lack of an alternative proposed protocol is testament to the fact that the painfulness of the lethal injection protocol is not the issue. Instead supporters argue that the issue is the continued existence of the death penalty, since if the only issue was the painfulness of the procedure, then Amnesty International, HRW, or the DPIC should have already proposed a less painful method.
Regardless of an alternative protocol, some death penalty opponents have claimed that execution can be less painful by the administration of a single lethal dose of barbiturate.Supporters of the death penalty, however, state that the single drug theory is a flawed concept.
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 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.In a Californian 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.
Scientifically, this is readily explained. Barbiturate overdoses typically cause death by depression of the respiratory center, but the effect is variable. Some patients may have complete cessation of respiratory drive, whereas others may only have depression of respiratory function. 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. The position of most death penalty supporters is that death should be attained in a reasonable amount of time.
Supporters of the death penalty agree that the use of pancuronium bromide is not absolutely necessary in the lethal injection protocol. Some supporters believe that the drug may decrease muscular fasciculations when the potassium is given, but this has yet to be proven.