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 | Former prison warden who oversaw executions urges corrections workers to not participate in them

Recently Florida carried out the execution of Dusty Spencer , a 74-year-old Marine veteran, for the murder of his wife, Karen, in 1992. It was the ninth Florida execution this year. For their own sake, I urge Florida’s corrections workers to refuse to carry out another one. Before you dismiss me as some soft lefty, you should know that I am an Air Force veteran. I voted for Ron DeSantis for governor twice—and for Donald Trump for president three times.

Iraq: Saddam Hussein Execution was Moved Forward Because of Gaddafi Rescue Plans, Judge Says

Saddam Hussein's execution on December 30, 2006 The execution of former Iraqi President Saddam Hussein was accelerated due to the belief that the then Libyan leader, Muammar El-Gaddafi, had a plan to rescue him from prison, Judge Mounir Haddad revealed today. Hadad, who presided over the trial of Hussein, revealed to the Al-Arabiya Satellite Channel Point of Order program new details of the trial against the former president and his last moments before being hanged, including the 'health and welfare' votes for the magistrate himself . According to his testimony, the application of the death penalty to Saddam Hussein was precipitated because authorities knew that El-Gaddafi - later murdered in 2011 - was allegedly trying to bribe US guards who guarded him to rescue him from prison. He added that, contrary to previous reports from the local and US press, former Iraqi President Jalal Talabani gave his 'implicit approval' for Hussein's execution, an...

Halfway through the year, Saudi Arabia has already executed nearly 100 people

Almost 100 people executed so far this year as dozens more remain on death row for drug-related offences Saudi Arabian authorities have executed nearly 100 people so far this year, including at least 61 for drug-related offences, the latest of which was on 18 June. In response, Dana Ahmed, Middle East Researcher at Amnesty International, said today: “It is halfway through the year and Saudi Arabia has executed nearly 100 people, a grim milestone exposing the authorities’ unconscionable and unlawful use of the death penalty. Of the 96 people put to death already in 2026, an astounding 61 were executed for drug-related offences; 39 of them were foreign nationals and 22 Saudi nationals.

Reports suggest Iran executed LGBT singer Mohsen Lorestani 6 December

“Mohsen Lorestani, a Kurdish singer from Kermanshah, was charged with ‘corruption on earth’ in a public complaint. His lawyer told Kurdistan Human Rights Network, ‘The alleged incidents happened in a private chat.’ If convicted, this charge could result in death sentence.” The Tehran court alleged that the singer posted ‘immoral’ content which seems to indicate flirting.  Iranian law appears to allow the execution of allegedly gay men despite no evidence of actual sexual activity. Indeed, the Iranian Foreign Minister defended the executions of gays and lesbians earlier this year. “Our society has moral principles and we live according to these principles.” Posts from Kurdish social media accounts suggest that Iran executed singer Mohsen Lorestani on 6 December. Although authorities detained the singer in March, news of his arrest only surfaced in October . He appeared in court before the notorious hanging judge Mohammad Moqisseh, infamous for his role in ...

Thailand | Australian man charged with murder after dead 17-year-old girl found in suitcase

An Australian man has been charged with murder after the body of a 17-year-old girl was found in a suitcase in Thailand. Police in the coastal city of Pattaya said they found Tunchanok Donhomla "stuffed" in the bag, which had been discarded near a railway track, in the early hours of Saturday. Thai police said they arrested Simon Peter Carman at Bangkok's Suvarnabhumi Airport in connection with the death as he was allegedly "preparing to flee the country." He denies the charges. In a message issued to the victim's family after his arrest, Carman said: "I feel bad for what happened to your daughter. It was out of my control."

Florida executes Dusty Ray Spencer

74-year-old man becomes oldest inmate executed in modern Florida history  A 74-year-old man convicted of fatally stabbing his wife became the oldest person executed in Florida’s modern history on Thursday, and the state is scheduled to execute another 74-year-old inmate next month.  Dusty Ray Spencer was pronounced dead at 6:10 p.m. following a 3-drug injection at Florida State Prison near Starke. Spencer was convicted of the 1992 stabbing death of his wife Karen. 

Indiana’s new prison already equipped for firing squads

Correction officials confirmed Westville can accommodate firing squad executions as lawmakers, the governor, and the U.S. Justice Department push for changes to protocols. As Indiana inches toward what could be its fourth state execution since resuming capital punishment, prison officials confirmed the state’s next correctional complex is already equipped for an execution method Hoosier lawmakers have yet to authorize. The Indiana Department of Correction confirmed to the Indiana Capital Chronicle that the new Westville Correctional Facility, now nearing completion, is designed to accommodate both lethal injection and firing squad executions. Indiana law currently allows only lethal injection.

US | Conservative federal judge says death penalty for child sex crimes may be legal

June 24 (Reuters) - A conservative federal judge on Wednesday took the position that despite a 2008 U.S. Supreme Court ruling barring the death penalty for child rape, prosecutors today may be free to seek capital punishment in cases involving sexual offenses against children. St. Louis-based U.S. District Judge Joshua ​Divine, who was appointed to the bench only last year by Republican President Donald Trump, delivered his views in an unusual ‌court opinion issued on the same day he was set to sentence a Missouri man who faced a maximum prison term of 20 years.

New video shows ISIS militants throwing gay men off building

Yet another video has been rel eased by ISIS showing the brutal execution of  two men accused of being gay. The latest video from ISIS, shot in Palmyra, shows two Syrian men be thrown off a building before being stoned to death. According to local journalist Zaid Benjamin, the men were accused of “having a homosexual affair”. Images shared on social media showed the two men being led to the top of the three-storey building as their judgement was read out by an ISIS member. As with other videos released by the terrorist group, a large crowd of local residents gathered around to see the incident. The terrorist group, which operates predominantly across Syria and Iraq, is notorious for filming videos in which captives – usually Westerners or opposing fighters – are brutally slaughtered. It has also taken to executing men it claims are gay, by throwing them off of tall buildings and pelting them with rocks in IS-produced videos. Members of the terrorist g...

Iran: Five executed in public for rape

Yasouj execution, Dec. 27, 2012 Iran Human Rights, December 27: Five prisoners were hanged publicly in southern Iran today December 27. According to the state run Iranian news agency Fars five men were hanged in "Mehrvarzi" parks of Yasouj city in front of thousands of people. The prisoners who were not identified by name were convicted of rape. So far according to official Iranian reports at least 23 people have been executed in December 2012 in Iran. Source: Iran Human Rights , December 27, 2012