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)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.