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)

California | Becerra vows to extend moratorium despite past support for capital punishment

SACRAMENTO—Democrat Xavier Becerra defended the death penalty while serving as California’s attorney general, a punishment his office actively sought in the case of a gunman convicted of an Orange County mass shooting, but as the front-running candidate for governor, he has vowed to block executions if elected in November. Becerra said he will extend the blanket reprieve for all death row inmates that Gov. Gavin Newsom enacted by executive order in 2019, saying he supported “moving our state away from a costly, flawed system that disproportionately impacts Black and brown communities and too often gets it wrong.”

Iran | Afghan Citizen Executed in Wheelchair Due to Severe Mobility Disability

KABUL, AFGHANISTAN – Iranian authorities have reportedly executed an Afghan citizen, identified as Valijan Nourzay, at the central prison in Rafsanjan, according to the human rights organization Hengaw. Hengaw said in a statement on Sunday, September 6, that Nourzay was executed early Wednesday last week at Rafsanjan Central Prison. According to the organization, Nourzay had a severe mobility disability and was executed while in a wheelchair. Hengaw, citing informed sources, reported that Nourzay had been pursued by Iranian authorities three years ago over an alleged murder. He was reportedly seriously wounded after Iranian security forces opened fire on him in Rafsanjan before being arrested and later sentenced to death.

Egypt TV presenter and 11 others sentenced to death in major drugs case

Egyptian television presenter Sarah Khalifa and 11 others have been sentenced to death by hanging after being convicted of drug trafficking and rape, while nine defendants received life sentences and seven were acquitted. Egyptian television presenter Sarah Khalifa, 39, has been sentenced to death by hanging along with 11 other defendants after being found guilty in a drugs case involving a criminal gang accused of importing ingredients used to manufacture narcotics for sale.

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

California | He spent 19 years on death row. His conversion to Judaism helped him endure

Johnny Morales struggled to find sleep. He dozed off for a few moments, but officers came to his death row cell and woke him a little after midnight. They needed to inventory and box up his belongings. He was leaving San Quentin.  Hands cuffed behind his back, he walked across the empty upper yard in the dim gray hours before daylight. An officer walked alongside him step for step, black latex-gloved fingers holding onto Morales’s arm. For almost 20 years, Morales could only experience the world outside his 4-by-11 foot cell in the condemned housing unit like this—chained and escorted by officers. Security protocols required all death row residents be handcuffed or shackled any time they were out in open space with staff.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Florida executes Daniel Owen Conahan Jr.

In Florida’s 15th execution this year, man put to death for killing linked to ‘Hog Trail Murders’  A Florida man convicted in one of a series of suspected killings that became known as the “Hog Trail Murders” in the 1990s was put to death Thursday, becoming the state’s 15th person executed this year.  Daniel Owen Conahan Jr., 72, was pronounced dead at 6:12 p.m. after receiving a 3-drug lethal injection at Florida State Prison near Starke. He had been sentenced to die for the 1996 kidnapping and strangling of Richard Allen Montgomery, whose mutilated body was found in a wooded southwest Florida area where authorities found the remains of at least 6 people over a 3-year span.

Arizona AG seeks execution date for man convicted in 1995 trooper killing

Trooper Bob Martin was killed during a traffic stop on the Beeline highway; execution for his killer could be as soon as January PHOENIX (AZFamily)—The Arizona Attorney General is asking for an execution date to be set for a man convicted in the killing of an Arizona State Trooper over 30 years ago. On Aug. 15, 1995, Trooper Bob Martin was shot and killed while performing a traffic stop along the Beeline Highway.

Florida set to carry out 14th execution this year in the nation's busiest death chamber

MIAMI (AP) — A Florida man convicted of fatally shooting a 16-year-old girl who rejected his romantic advances and wounding two of her friends is set to be executed Tuesday in the first of three lethal injections scheduled this month in the state. Harold Gene Lucas, 74, is set to receive a three-drug injection at Florida State Prison near Starke starting at 6 p.m. He would be the 14th prisoner put to death this year in Florida, and Republican Gov. Ron DeSantis has already signed death warrants for two more executions set for later this September.