Skip to main content

Federal public defender says Alabama execution 'botched'

Midazolam
The director of the public defender's office that represented Alabama Death Row inmate Ronald Bert Smith, who was executed Thursday night, believes the execution was "botched" and that Smith felt pain as he died.

The Alabama Department of Corrections disagreed and said the execution went according to its protocol.

Either way, the execution is likely to become an issue in lawsuits by death row inmates who claim the first drug in Alabama's lethal injection procedure doesn't ease the pain for the two fatal drugs that follow. The inmates claim the state's lethal injection method is unconstitutional and represents cruel and unusual punishment.

During a 13-minute portion of Thursday night's execution Smith's chest heaved, he appeared to gasp for breath, and at one point his left hand clinched before he stopped moving.

"I think it was botched," said Christine Freeman, executive director of the Federal Public Defender's Office in Montgomery which represented Smith in his appeals. She was one of the execution witnesses on Thursday.

The Alabama Department of Corrections issued a statement Friday that states that throughout the execution, the department followed an established protocol upheld as constitutional. Smith had his eyes closed and did cough but at no time during the execution was there observational evidence that he suffered, according to the statement.

"We followed our protocol," Alabama Prisons Commissioner Jeff Dunn said in a press conference after the execution.

Dunn said there was no discussion among prison officials during the execution about stopping the execution once Smith started coughing and his chest heaved.

He also contradicted witnesses who said Smith reacted to consciousness tests that a corrections officer administered to determine when the first drug, midazolam, had sedated Smith enough for the administration of the two other drugs that would kill him. "From where I was seated, I didn't see any reaction to the consciousness assessment," Dunn said.

The consciousness assessment consists of a corrections officer loudly calling the inmate's name, brushing the inmate's left eyelash and pinching the inmate's upper arm. In past lethal injection executions, the inmate was given one test, but on Thursday night there were two after Smith continued to move and cough after the first one.

And Smith's right hand moved shortly after the second test.

Dunn declined to provide details of the execution protocol the state uses. But the protocol has been approved after examination by the medical community, prison officials and the courts, he said.

Freeman said that "since the protocol is secret I can't make any guesses about whether it was followed."

Ronald Smith
Ronald Smith
But Freeman questioned how anyone could consider the execution going as planned. "It indicated that the protocol was not adequate," she said.

"The object of the protocol is to create a painless execution and that is not what we saw last night," Freeman said.

Autopsy


The ADOC says an autopsy will determine if there were any "irregularities" with the execution.

The federal public defender's office says an autopsy may show some things. "But no autopsy can measure the extent of Ron Smith's suffering as he died," according to the public defender's statement.

Escambia County Medical Examiner Dr. Dan Raulerson said Friday that the coroner's office transported the executed inmate's body for examination by one of the doctors at the state forensics laboratory in Mobile. "Basically what they look for is any sign of inappropriate trauma ... and that the prisoner died in a humane fashion," he said.

The forensics laboratory can run toxicology tests, Raulerson said. Once completed, the forensics lab sends him a report in about six weeks to three months on the autopsy, he said. That report will be filed in his office where it will become public record, he said.

Raulerson notes that he doesn't attend the executions. "I'm very much opposed to capital punishment. As a doctor it is my job to save lives," he said.

Pending lawsuits


Smith's execution could find its way into the pending lawsuits other death row inmates have filed challenging midazolam and Alabama's three-drug lethal injection protocol, Freeman said.

Alabama changed its drug protocol a few years ago after drug manufacturers began declining to sell their drugs to it and other states for executions.

The drugs were changed, with midazolam being the first one administered.

Inmates in Alabama - including Smith - and around the country have filed lawsuits over the use of midazolam.

Robert Dunham, director of the Death Penalty Information Center, said that midazolam isn't meant to be an anesthesia that can block all pain. "One of midazolam's failures is that a person unconscious can be jolted back into consciousness by the execution drugs," he said.

Dunham said there are several examples of inmates struggling to breathe after midazolam has been administered. One of those was in 2014 in Ohio with the execution of Dennis McGuire, who gasped for air for about 25 minutes while the drugs hydromorphone and midazolam took effect. "Witnesses reported that after the drugs were injected, McGuire was struggling, with his stomach heaving and fist clenched, making 'horrible' snorting and choking sounds," according to the death penalty information website.

The U.S. Supreme Court in 2015 ruled in a case out of Oklahoma that involved midazolam that its use was constitutional in a multi-drug combination.

Dunham believes Smith's execution will serve as one more example for inmates seeking to have a court declare the use of midazolam in the state's lethal injection method will be ruled unconstitutional. "Midazolam should not be used in these type protocols," he said.

Raulerson, however, said he has used midazolam in procedures, such as colonoscopies. "And it works quite well ... It doesn't mean your patient won't move or could not react to pain. But I guarantee you when they wake up they have no memory at all," he said.

Source: al.com, Kent Faulk, December 9, 2016

⚑ | Report an error, an omission; suggest a story or a new angle to an existing story; submit a piece; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

Most viewed (Last 7 days)

Florida: The Daily Routine of Death Row Inmates

The breakfast carts rattle through the concrete prison at about 5:30 am and as they approach Death Row the first sounds of morning repeat the last sounds of night - remote controlled locks clanging open and clunking closed, electric gates whirring, heavy metal doors crashing shut, voices wailing, klaxons blaring. A maximum security prison has no soft or delicate sounds. At the end of each corridor of death row cells a guard opens a heavy door of steel bars and a prison trusty pushes a breakfast cart inside. The door closes behind him and when it locks a second door opens and admits the trusty to the wing. He steers his cart along the wing stopping at each cell to pass a tray of powdered eggs and lukewarm grits through a small slot on the bars. Food is prepared by prison staff and transported in insulated carts to the cells. The food carts are full of cockroaches, the food is often undercooked or just rotten and is served on Styrofoam plates with a plastic "spork" - fork/spoon...

South Korea ferry disaster: Surviving passengers of Sewol tragedy give evidence in court

Surviving passengers of a South Korean ferry which sunk in April, killing 304 people, are due to give evidence in the trial of its captain and 14 crew members. Students from the Danwon High School in Ansan, 18 miles south of Seoul, will testify with other passengers in a smaller court nearer to their home, rather than the one where the defendants are being seen in Gwangju, in the south of the country. The Sewol ferry set sail on 16 April with 476 passengers and crew on board - more than 300 of which were schoolchildren. They were enroute from the mainland to the island resort of Jeju as part of a school trip, when nearing the end of the journey, the vessel, which was overloaded, also made a sharp turn to the right causing it to capsize. Captain Lee Joon-seok, 68, was caught on rescue footage being one of the first to leave the ship, while many passengers, obeying orders, remained in the cabins. It is thought a delayed evacuation order from the captain did n...

Former Oklahoma death row inmate Richard Glossip goes free on $500k bond

Richard Glossip was released from jail Thursday, May 14, on a $500,000 bond, a major victory for the former death row inmate who has come so close to execution that he has had three last meals. Glossip, 63, is awaiting his third trial in his 1997 murder-for-hire case. He walked out the front door of the Oklahoma County jail, holding hands with his wife, Lea Glossip, as a stiff Oklahoma breeze whipped his hair. "I'm just thankful for my wife and my attorneys," he told reporters. "I'm just happy." His release came hours after Oklahoma County District Judge Natalie Mai set bail in a 13-page order that pointed to issues with the key witness against him.

Arizona executes Leroy McGill

Arizona executes inmate who set couple on fire in 'horrific attack' Arizona has executed Leroy McGill for setting 21-year-old Charles Perez and his 24-year-old girlfriend on fire. Perez died the next day and Perez survived with severe burn injuries.  Arizona has executed a death row inmate for setting 2 people on fire more than 20 years ago, killing 1 of them and changing the other's life forever.  The state executed Leroy McGill, 63, by lethal injection on Wednesday, May 20, for the 2002 murder of 21-year-old Charles Perez. McGill set Perez and his girlfriend on fire after they accused him of theft, court records say. Perez died of his injuries the next day while his girlfriend survived with severe burns. 

Prosecutors may pursue death penalty in Alex Murdaugh retrial, South Carolina AG says

Alan Wilson said prosecutors are “back to square one” and all legal options are on the table. South Carolina Attorney General Alan Wilson said Friday that his office may pursue the death penalty when it retries Alex Murdaugh in the 2021 murder of his son and wife. “In light of the Supreme Court’s decision, we’re back to square one on this case, and that means all our legal options are on the table, including the death penalty,” Wilson said. The state’s high court reversed Murdaugh’s double murder conviction in an opinion published Wednesday that accused a former court clerk of “egregious” jury interference.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Texas executes Edward Busby Jr.

Texas puts man to death for a retired professor's killing in its 600th execution since 1982  A man who experts for both prosecutors and defense attorneys had said was intellectually disabled became the 600th person executed in Texas since 1982, put to death Thursday evening for the killing of a retired 77-year-old college professor.  Edward Busby Jr. was pronounced dead at 8:11 p.m. local time following a lethal injection at the state penitentiary in Huntsville, hours after a divided Supreme Court lifted a stay over his disabilities claims. The execution followed a series of last-minute legal efforts by Busby's attorneys in a bid to spare his life after the nation’s high court lifted a stay hours earlier.

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

Idaho eyes restart of death row executions as firing squad draws near

BOISE, Idaho — Idaho’s prison system has nearly completed execution chamber upgrades to carry out the death penalty by firing squad as the state’s lead method and will have a team of riflemen ready to go by the time a state law takes effect this summer. As part of the transition, the Idaho Department of Correction hopes to limit participation by its officers as the shooting of condemned people in prison to death is prioritized over lethal injection. Toward that effort, prisoner leadership sought to implement a push-button technology to avoid needing IDOC workers to pull the triggers.