Skip to main content

Suit over Arizona Execution procedures dismissed

Arizona Death Chamber
A lawsuit challenging how Arizona conducts executions has been dismissed in the wake of the state changing procedures that drew objections from lawyers for death-row inmates.

The changes include using one execution drug instead of the 3-drug mix that the state has used for nearly 3 decades, and allowing witnesses to watch the execution team insert injection lines into the condemned prisoner.

Lawyers for the state and inmates on Wednesday jointly asked a U.S. District Court judge to dismiss the suit, and he promptly did so.

The suit was filed in February, but it followed years of litigation concerning some of the same concerns that inmates could be subjected to pain and suffering in violation of the constitutional protection against cruel and unusual punishment.

The request to dismiss the latest suit has been in the works for about a month as lawyers for the inmates reviewed changes that the state made to its protocol in September and consulted their clients.

"Because these matters have been addressed and the changes bring more transparency to the execution process, it's time for this litigation to end," said Dale Baich, a federal public defender helping represent death-row inmates who sued.

Kent Cattani, the state's top criminal appeals lawyer, said the state believes its execution protocol was constitutional even before making what he called "minor changes."

"It remains constitutional and this demonstrates the plaintiffs agree with that assessment," the prosecutor said.

Like some other death-penalty states, Arizona this year began using 1 execution drug, and the current protocol specifies that's now the chosen procedure. It says that 1 of 2 sedatives will be used to kill the inmate, unless an inmate and his lawyers are told in advance that a different drug will be used.

Inmate attorneys had criticized the three-drug mix, saying there was a possibility that the sedative would not work properly. They said an inmate could regain consciousness but be paralyzed and unable to communicate while undergoing a painful death when another drug stops his heart.

Arizona this year also began allowing execution witnesses to observe the insertion of injection lines, and that's now included in the protocol.

Witnesses typically include relatives and attorneys of the condemned man, relatives of the victim, journalists and law enforcement officials.

Inmate attorneys had complained that insertions in the groin area could be painful and that insertions into the prisoner's arms should be used instead. The protocol leaves it up to the officials where to make insertions, but specifies that a groin-area insertion be used only if the person that that type of line is licensed or certified to do that procedure.

"When the process was going on behind the curtain, we had no idea what was really happening back there," Baich said.

Other changes included in the current protocol deal with qualifications of the medical personnel participating in the execution and with providing time for inmates to meet with their lawyers during the 24 hours before executions.

Cattani said inmates have been provided time with their lawyers and that practice is now in writing. He said the change on medical personnel set a standard that should avoid further questioning that ends up being hashed out in court.

A federal judge ruled last December in a previous case that the state's procedures in place at the time didn't violate inmates' constitutional rights, but inmates' lawyers complained that previous assurances provided by the state hadn't proven to be reliable.

The state contended that the allegations by inmate attorneys hadn't resulted in any proof that inmates were actually subjected to substantial risks, whether from drugs or procedures used.

Corrections Director Charles Ryan testified in a previous lawsuit that it was enough that the warden was in the injection room and could alert the injection team to any problems, while a sheet draped over a sheet draped over most of the inmate's body blocked it from the view of witnesses in an adjacent room.

Arizona has executed 33 inmates since resuming capital punishment in 1992, all but 1 by injection.

Arizona has executed 5 men so far this year, most recently Daniel W. Cook on Aug. 8 for 2 murders committed in Lake Havasu City.

No executions are currently scheduled, but prosecutors have asked the Arizona Supreme Court to schedule one for Richard Stokley, convicted of 2 murders in Cochise County.

Source: Associated Press, October 25, 2012

Most viewed (Last 7 days)

Tibetan protesters executed for Lhasa riot killings

Tibetan exiles have reported the first executions of those convicted for rioting last year in Lhasa, with at least two people put to death in a rare implementation of capital punishment in the restive region. Two Tibetans convicted of arson and sentenced to death in April were executed on Tuesday morning in Lhasa, reported The Tibetan Centre for Human Rights and Democracy, which is based in the Indian town of Dharamsala—the home in exile of the Dalai Lama. It said that Lobsang Gyaltsen and Loyak had been sentenced to death for their part in setting fire to five shops in the Tibetan capital, killing seven people, in the riot that rocked Lhasa in March last year. Officials say that 21 people — including three Tibetan protesters — died in the violence, which embarrassed Beijing just as it was preparing to stage the Olympic Games and prompted a security crackdown across the Himalayan region. The body of Mr. Gyaltsen had been returned to his family and then submitted to a river burial—an un...

Two Germans to be caned, jailed for Singapore train graffiti

"Singapore: Disneyland with the death penalty" A Singapore court sentenced two Germans to nine months in prison and three strokes of the cane on Thursday after they pleaded guilty to breaking into a depot and spray-painting graffiti on a commuter train carriage. Andreas Von Knorre, 22, and Elton Hinz, 21, both expressed remorse while being sentenced in the state courts of the island republic. “This is the darkest episode of my entire life,” said Von Knorre. “I want to apologise to the state of Singapore for the stupid act ... I’ve learnt my lesson and will never do it again.” Hinz added: “I promise I will never do it again. I want to apologise to you, and my family for the shame and situation I’ve put them into.”  Both were dressed in prison uniform — a white T-shirt and brown trousers with the word “Prisoner” down the sides and on the back. They spoke to the court in English. Singapore sentences hundreds of prisoners to caning each year as part of a syst...

Indiana | ‘Dignity’ is a poor excuse for blocking press access to state executions

Indiana law says that the press has no right to be present when the state carries out executions. It limits those who can attend to the warden of the prison where the execution is carried out, immediate family members of the crime victim, no more than five friends or relatives of the convicted person, the prison physician, and the prison chaplain. Only if an inmate selects a member of the press as one of the five friends may they attend.

Iran: Delara Darabi has now been scheduled for execution

Delara Darabi has now been scheduled for execution, according to the Iranian newspaper Etemad on 18 April, according to another source on 20 April. She was convicted of murdering a relative when she was 17. Unless the Judiciary intervenes, she can now escape execution only if the woman’s entire family accept payment of diyeh, or blood money. One of the familly is said to be undecided. Iran is a state party to the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, which prohibit the use of the death penalty against people convicted of crimes committed when they were under 18. RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible: - expressing concern that Delara Darabi is in imminent danger of execution for a crime committed when she was under 18; - calling on the authorities to halt the execution of Delara Darabi immediately, and commute her death sentence; - reminding the authorities that Iran is a state part...

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...

As Idaho Reinstates Firing Squad, Volunteers Sought for Executions

The state becomes the first in the U.S. to make the firing squad the standard method of capital punishment Idaho is opening a new phase in the administration of capital punishment in the United States, returning to the firing squad as the default method of execution. The decision reintroduces a system that has been abolished or abandoned in most of the country and is now being reorganized through a formal and highly structured framework. The new death penalty protocol State authorities have begun recruiting volunteer law enforcement officers to take part in executions. The operational model includes three primary shooters assigned to carry out the execution, two alternates, and one operations coordinator. All participants will remain anonymous, known only to the prison warden and deputy warden.

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.

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. 

Iran: Prisoner of conscience Mohsen Amir Aslani hanged for ‘different interpretation of Quran’

Mohsen Amir Aslani NCRI - The Iranian Resistance calls on the UN High Commissioner for Human Rights and the Human Rights Council, as well as all international human rights organizations to strongly condemn the execution of prisoner of conscience Mr Mohsen Amir Aslani on charges of “corruption on earth; changing Islam’s principles and secondary laws; and new interpretation of Quran”.  It further calls for adoption of binding decisions against the growing number of arbitrary executions by the religious fascism ruling Iran. Mr. Amir Aslani, 37, who had been in prison since eight years ago, was once sentenced to four years in prison which was later commuted to twenty-eight months. However, as more fabricated charges were brought against him, the head henchman Judge Salavati condemned him to death. The Iranian regime has refraining from handing over the body of this prisoner to his family through stonewalling and offering contradictory answers to them. The execution...