Skip to main content

Behind execution of Gary Haugen, controversy swirls around the drugs used and who administers them

Executions by lethal injection are supposed to be quick, painless and more humane than the gas chamber or gallows.

The condemned rests on a hospital gurney. Technicians attach heart monitors and place intravenous lines, usually in each arm. When the time comes, an executioner in another room pushes the plunger on a syringe connected to the IV line, delivering a barbiturate anesthetic to induce a coma within seconds. Two more injections quickly follow: pancuronium bromide to stop breathing and potassium chloride to arrest the heart.

Oregon, preparing to execute convicted murderer Gary Haugen on Dec. 6, uses this 3-drug lethal injection, as do nearly all of the 34 death penalty states. But the killing method remains controversial. Critics say poor understanding of the drugs' effects and executioners' lack of medical training has led to botched cases and a likelihood of extreme suffering in some instances.

"A firing squad probably causes less pain and suffering," says Dr. Jonathan Groner, a pediatric surgeon in Columbus, Ohio, and outspoken critic of medicalized executions. "Lethal injection looks like outpatient surgery, so people are willing to allow it."

But Dr. David Dershowitz, an anesthesiologist in Worcester, Mass., who has served as an expert witness for states imposing the death penalty, says the initial dose of anesthetic should reliably obliterate all sensation and perception of pain. Controversy persists because independent researchers aren't allowed to see detailed records of executions, says Dr. David Waisel, an anesthesiologist and medical ethicist at Boston Children's Hospital.

"Departments of corrections hide their data, so we have no idea how often problems occur, or what kinds of problems occur," says Waisel, who has testified as an expert witness for defendants facing the death penalty.

"I suspect that if lethal injection was done well, it would be painless. If it's done poorly it's very, very inhumane."

Death penalty opponents, including Amnesty International and the ACLU of Oregon, petitioned Gov. John Kitzhaber to halt executions in Oregon until the state completes a review of the effectiveness of the three-drug method. Corrections Department officials and the governor have declined to comment on the petition.

Companies that make the drugs are also raising objections. The head of Lundbeck Inc., a Danish drug company "adamantly opposed" to the use of its pentobarbital anesthetic for lethal injections, wrote to Oregon prisons Director Max Williams in July asking Oregon to stop using it.

Unlikely start

The lethal injection era began in 1977, a year after the U.S. Supreme Court lifted a moratorium on the death penalty. Oklahoma lawmakers wanted a more humane and less expensive alternative to the electric chair or gas chamber. The head of anesthesiology at Oklahoma Medical School recommended the use of a short-acting barbiturate anesthetic in combination with a paralytic agent. Oklahoma's chief medical examiner recommended the addition of a third drug, potassium chloride, used in bypass surgery to temporarily stop the heartbeat. Until recently, the drugs cost about $200 per execution but rose to more than $1,000 with companies such as Lundbeck cutting off the supply.

Oklahoma spent no time or money to study the effects of the three-drug combination. Nevertheless, it rapidly caught on in the U.S. Death penalty laws in Oregon and other states use nearly the same language Oklahoma used to specify how lethal injections are done, notes Fordham University law professor Deborah Denno.

"By virtue of coming up with a method of execution that makes an inmate look serene, comfortable, and sleeping during the death process, the death penalty in this country was rescued," Denno said in a round-table discussion published by the New England Journal of Medicine in 2008. "The presence of doctors, their involvement, and the association with medicalizing the procedure enhanced its constitutional acceptability."

Executions gone wrong

In the years since Texas carried out the 1st lethal injection execution in 1982, several clearly have gone wrong.

Some witnesses to the execution of Angel Diaz in Florida in December 2006 said he appeared to gasp and grimace and his eyes remained open for 24 minutes after executioners began the series of drugs; his death took 34 minutes. Monitoring equipment shows when an inmate's heart stops beating. A physician usually certifies the death. Florida corrections officials told an investigating panel that Diaz did not appear to be in pain, although the paralytic drug could have prevented outward expression. An autopsy revealed chemical burns from the drugs spreading 11 to 12 inches around the intravenous sites on both arms. A medical examiner concluded that both IV lines missed the veins and slowly infused the drugs under the skin.

Executions have taken up to 90 minutes to bring death because of failure to establish or maintain IV lines. In September 2009, technicians in Ohio failed to insert an IV for two hours during the planned execution of Romell Broom.

"At one point, Broom, 53, lay back on his bed, covered his face with his hands, and cried. Another time, while sitting up, he was seen grimacing as the execution team appeared to seek a vein around his ankles," reported Bill Benedict, a Cleveland Plain Dealer journalist. Officials halted the execution, and Broom remains on death row.

Problems so obvious to witnesses are unusual; by one estimate, the frequency is about 4 to 5 percent. But some researchers say the paralytic drug may hide cases in which anesthetics failed to block sensation because of an inadequate dose or misplaced IV.

Suffering could be extreme, Groner says. "You just can't tell."

In such cases, "Death by suffocation would occur in a paralyzed inmate fully aware of the progressive suffocation and potassium-induced sensation of burning," Dr. Leonidas Koniaris of the University of Miami Miller School of Medicine and others concluded in a 2007 research article.

In a study of post-mortem toxicology reports from Arizona, Georgia, North Carolina and South Carolina, Koniaris and colleagues concluded that concentrations of anesthetic in the blood were lower than that required for surgery in 43 of 49 executed inmates, and 21 inmates had concentrations consistent with awareness.

So far, courts have rejected arguments the three-drug lethal injection violates the Constitution's ban on cruel and unusual punishment. They lean heavily on a 2008 Supreme Court opinion that "Simply because an execution method may result in pain, either by accident or as an inescapable consequence of death, does not establish the sort of 'objectively intolerable risk of harm' that qualifies as cruel and unusual."

More expertise needed

Nevertheless, 2 states, Washington and Ohio, stopped using the 3-drug protocol last year, in part to sidestep ongoing legal challenges. The use of a large dose of an anesthetic alone provides "less chance for error," Washington corrections spokesman Chad Lewis told The Oregonian earlier this month.

The Oregon Corrections Department released new rules Thursday meant to minimize the chance of mishaps. The rules call for the use of at least 2 medical professionals who "are licensed, have proper training and experience in the preparation and insertion of IVs." The rules don't specify what kind of medical caregiver.

The rules direct the medical team to evaluate the inmate to identify veins suitable for IVs before the day of execution, and on the day of execution ensure proper functioning of the IVs by a slow infusion of saline. If problems arise, a "supervising qualified medical professional" is supposed to determine whether to try a different IV site or technique. After injection of the anesthetic, the rules call for a consciousness check -- response to sounds or brushing of the condemned inmate's eyelashes -- before executioners deliver the paralyzing agent and potassium chloride.

States' efforts to enlist more highly trained physicians or nurses face a big obstacle. Physician and nursing organizations have firmly stated it is unethical to participate in lethal injection. American Medical Association guidelines prohibit almost every type of involvement: Physicians should not attend or observe executions, give technical advice, select injection sites, start intravenous lines, prescribe or prepare the drugs or inspect or test lethal injection devices. Last year, the American Board of Anesthesiology decided that involvement in lethal injection is grounds to revoke an anesthesiologist's board certification.

Some physicians and nurses assist nevertheless, usually anonymously. Emergency medical technicians, prison hospital orderlies, and phlebotomists fill the gap when professionals with more training are not available, such as in Illinois and Kentucky where laws bar doctors from the execution chamber.

Drug companies are making it increasingly difficult for U.S. prison authorities to obtain the drugs used to kill. Until this year, Oregon and other death penalty states used the anesthetic sodium thiopental. But in January, the only U.S. supplier, Hospira Inc. of Lake Forest, Ill., stopped selling the drug. When states began ordering thiopental from a British company, the government there banned its export to prevent its use in lethal injections.

States quickly began buying and using another anesthetic, pentobarbital. Lundbeck took steps in July to block distribution to prisons in death penalty states. But Oregon had already purchased enough pentobarbital to carry out Haugen's execution.

Source: The Oregonian, November 20, 2011

Comments

Most viewed (Last 7 days)

Former Florida officer who raped, murdered 11-year-old set to be executed

An execution date has been set for a former Mascotte police officer who, in May 1987, assaulted and murdered an 11-year-old girl.  Gov. Ron DeSantis signed a death warrant for James Aren Duckett on Friday. He’s scheduled to be executed on March 31. It’ll be the state’s 5th execution this year, following a record 19 executions in 2025.  Duckett was convicted in the murder of 11-year-old Teresa McAbee about a year after her death. According to officials, Duckett took the 11-year-old to a lake, where he sexually battered, strangled and drowned her. 

Florida executes Billy Kearse

Florida executes man who killed Fort Pierce police officer during 1991 traffic stop Moments before receiving a lethal injection, Billy Kearse asked for forgiveness from the family of Danny Parrish, whose widow said she found peace after a "long, long 35 years.” A man convicted of fatally shooting a police officer with his own service weapon during a traffic stop was executed Tuesday evening, becoming the third person put to death by Florida this year after a record 19 executions in 2025.

Chinese courts conclude trials of 2 criminal gangs from northern Myanmar, 16 sentenced to death

Chinese courts have concluded the trials of 2 major criminal groups based in northern Myanmar involved in telecom and online fraud, the Supreme People's Court (SPC) said Thursday.  At a press conference held by the SPC, it was revealed that by the end of 2025, courts across the country had concluded first-instance trials of over 27,000 cases related to telecom fraud operations in northern Myanmar, with more than 41,000 returned suspects sentenced.  Notably, among the trials of the so-called "4 major families" criminal gangs -- which had drawn widespread domestic and international attention -- those of the Ming and Bai groups have completed all judicial proceedings.

Florida | Governor DeSantis signs death warrant in 2008 murder case

TALLAHASSEE, Fla. — Governor Ron DeSantis has signed a death warrant for Michael L. King, setting an execution date of March 17, 2026, at 6 p.m. King was convicted and sentenced to death for the 2008 kidnapping, sexual battery and murder of Denise Amber Lee, a 21-year-old North Port mother. On January 17, 2008, Michael Lee King abducted 21-year-old Denise Amber Lee from her North Port home by forcing her into his green Chevrolet Camaro. He drove her around while she was bound, including to his cousin's house to borrow tools like a shovel.  King took her to his home, where he sexually battered her, then placed her in the backseat of his car. Later that evening, he drove to a remote area, shot her in the face, and buried her nude body in a shallow grave. Her remains were discovered two days later. During the crime, multiple 9-1-1 calls were made, but communication breakdowns between emergency dispatch centers delayed the response.  The case drew national attention and prompted w...

‘Come on with it’: Arkansas inmate asks to hasten execution

A Faulkner County judge has scheduled an August hearing to determine whether a death row inmate can bypass his attorney’s advice, drop his remaining appeals, and hasten his execution.  Scotty Ray Gardner, 65, is facing the death penalty for the 2016 killing of his girlfriend, Susan Heather Stubbs, in Conway.  In letters sent to Circuit Judge Chuck Clawson and the Arkansas Democrat-Gazette, Gardner said he wants to end his legal battles, writing that he is tired of prison life and skeptical he will receive a fair hearing.  “It’s simple,” Gardner wrote in a September letter. “Come on with it.” 

Oklahoma Ends Indefinite Death Row Solitary Confinement

Every year, thousands of prisoners in the U.S. are placed in solitary confinement, where they endure isolation, abuse, and mental suffering . This practice might soon become rarer for some inmates in Oklahoma, thanks to the efforts of activists in the state. Earlier this month, the American Civil Liberties Union (ACLU) of Oklahoma announced that the Oklahoma State Penitentiary in McAlester had ended the practice of indefinite solitary confinement for "the vast majority" of death row prisoners.

Florida Cop-killer Billy Kearse set to be executed today

A man who confessed to fatally shooting Fort Pierce Police Officer Danny Parrish with his own service weapon during a 1991 traffic stop is scheduled to be executed starting at 6 p.m. March 3, barring a last-minute stay. Billy L. Kearse, 53, will be the third person put to death by the state this year, just one week after the execution of Melvin Trotter, who was convicted of first-degree murder and sentenced to death for strangling and stabbing Virgie Langford in Palmetto in 1986. The Florida Supreme Court on Feb. 12 denied a motion for a stay of execution and a motion for an extension due to the fading health and death of the father of Kearse's attorney. Attorneys for Kearse have filed a motion with the U.S. Supreme Court to stop the execution, citing violations of the Sixth, Eighth and 14th Amendments of the United States Constitution.

Florida executes Melvin Trotter

The execution of Melvin Trotter for the murder of 70-year-old Virgie Langford in 1986 comes as Supreme Court Justice Sonia Sotomayor questions Florida's 'deeply troubling' lethal injection record. Florida has executed its second inmate of the year even as a Supreme Court justice questioned the state's “deeply troubling" record on lethal injections and how it "shrouds its executions in secrecy."  Melvin Trotter, 65, was executed by lethal injection on Tuesday, Feb. 24, for the 1986 murder of 70-year-old Virgie Langford, a mother of 4 who was on the verge of retirement when she was stabbed to death in the corner grocery store that she owned for five decades. Trotter was pronounced dead at 6:15 p.m. ET. 

Man convicted in 1986 murder set to become Florida's second execution of 2026

STARKE, Fla. (DPN) — A man convicted of stabbing and strangling a grocery store owner during a robbery nearly 40 years ago is scheduled to die by lethal injection Tuesday evening, becoming the second person executed in Florida this year. Melvin Trotter, 65, is set to receive a three-drug lethal injection beginning at 6 p.m. at Florida State Prison near Starke. Trotter was convicted of first-degree murder in the 1986 killing of Virgie Langford, 70, who owned Langford’s Grocery Store in Palmetto, in southwest Florida's Manatee County.

Texas Plans Second Execution of the Year

Cedric Ricks is set to be killed on March 11 Cedric Ricks spoke in his own defense at his 2013 murder trial, something most defendants accused of a terrible crime do not do. Ricks confessed that he had killed his girlfriend, Roxann Sanchez, and her 8-year-old son. He admitted he was aggressive and had trouble controlling his anger, stating that he was “sorry about everything.” The Tarrant County jury was unmoved. Ricks has spent the last 13 years on death row and is scheduled to be executed on March 11.