Under Delaware's new execution procedure, officials will draw a curtain and ensure that a condemned inmate is unconscious before administering lethal drugs, according to court documents unsealed in a class-action lawsuit by death row inmates.
Among other things, the new procedure is meant to make sure the inmate is fully sedated before two lethal chemicals are administered.
Lawyers for the inmates contend among other things that murderer Brian Steckel was put to death in 2005 without the proper anesthesia.
According to court documents unsealed this week, prison officials will now wait two minutes after the injection of the sedative sodium thiopental and a saline flush before proceeding with the execution.
During the waiting period, a curtain between the execution chamber and the witness room will be drawn while officials determine whether the inmate is unconscious.
The curtains will then be reopened. If the inmate is unconscious, the lethal chemicals, pancuronium bromide and potassium chloride, will be injected. If not, a backup intravenous line will be used to administer a new dose of anesthesia. The curtains would then be drawn again while officials assess the inmate before continuing with the execution.
The efforts to ensure the inmate is unconscious are part of the Department of Correction's effort to win federal court approval of its execution procedures.
After first asserting that Delaware's procedure was more detailed than a Kentucky protocol upheld in April by the U.S. Supreme Court, officials decided instead to embrace some of Kentucky's methods.
A mediation hearing in the case is scheduled for Oct. 27. A Department of Correction spokesman declined to comment Tuesday, citing the pending litigation.
According to a July court filing, state officials identified 11 differences between Delaware's protocol and Kentucky's. The planned changes include adopting the same sequence and quantities of drugs used in Kentucky, as well as the procedure to ensure that the inmate is fully sedated.
Officials also plan to keep the lights on in the injection room instead of having it darkened, which can increase the risk of error, and to assign one person the sole task of ensuring compliance with the execution protocol and documenting any deviations.
Attorneys for condemned inmates have argued that Delaware's lethal injection protocol is unconstitutional because it presents a substantial risk of unnecessary pain, amounting to cruel and unusual punishment. In previous filings, they have alleged that there have been dosage errors in more than 1/3 of Delaware's lethal injection executions, including the most recent, that of Steckel.
According to the plaintiffs, prison officials noticed that the anesthetic being administered to Steckel began leaking into tissue surrounding the needle in his arm. Although the execution team allegedly switched to a 2nd intravenous line to give Steckel another dose of sodium thiopental, DOC records indicate that Steckel did not receive the second dose, according to the plaintiffs.
The execution of Steckel for the 1994 murder of Sandra Lee Long, who was burned to death in a fire he set after strangling her into unconsciousness and raping and sodomizing her, was so drawn out that Steckel himself wondered aloud why it was taking so long.
Nearly three dozen states use lethal injection. Despite the Supreme Court's April decision upholding the procedure, it remains under legal challenge in several states.
Source: Associated Press
