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Arkansas Supreme Court Decision Allows New DNA Testing in Case of the ​“West Memphis Three,” Convicted of Killing Three Children in 1993

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On April 18, 2024, the Arkansas Supreme Court decided 4-3 to reverse a 2022 lower court decision and allow genetic testing of crime scene evidence from the 1993 killing of three eight-year-old boys in West Memphis. The three men convicted in 1994 for the killings were released in 2011 after taking an Alford plea, in which they maintained their innocence but plead guilty to the crime, in exchange for 18 years’ time served and 10 years of a suspended sentence. 

Let’s Stop Pretending the Death Penalty Is a Medical Procedure

In January the state of Ohio executed the convicted rapist and murderer Dennis McGuire. As in the other 31 U.S. states with the death penalty, Ohio used an intravenously injected drug cocktail to end the inmate's life. Yet Ohio had a problem. The state had run out of its stockpile of sodium thiopental, a once common general anesthetic and one of the key drugs in the executioner's lethal brew. Three years ago the only U.S. supplier of sodium thiopental stopped manufacturing the drug. A few labs in the European Union still make it, but the E.U. prohibits the export of any drugs if they are to be used in an execution.

Ohio's stockpile of pentobarbital, its backup drug, expired in 2009, and so the state turned to an experimental cocktail containing the sedative midazolam and the painkiller hydromorphone. But the executioner was flying blind. Execution drugs are not tested before use, and this experiment went badly. The priest who gave McGuire his last rites reported that McGuire struggled and gasped for air for 11 minutes, his strained breaths fading into small puffs that made him appear “like a fish lying along the shore puffing for that one gasp of air.” He was pronounced dead 26 minutes after the injection.

There is a simple reason why the drug cocktail was not tested before it was used: executions are not medical procedures. Indeed, the idea of testing how to most effectively kill a healthy person runs contrary to the spirit and practice of medicine. Doctors and nurses are taught to first “do no harm”; physicians are banned by professional ethics codes from participating in executions. Scientific protocols for executions cannot be established, because killing animal subjects for no reason other than to see what kills them best would clearly be unethical. Although lethal injections appear to be medical procedures, the similarities are just so much theater.


Source: Scientific American, Editorial, May 1, 2014

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