Skip to main content

Oklahoma | Doctors question sedative dose used in execution

While medical experts say it’s unclear why an Oklahoma inmate began convulsing and vomiting after the first of three drugs used to execute him was administered, all agree the dosage was massive compared with what’s standard in surgeries — with one doctor calling it “insane.”

The state’s prisons agency is now likely to face new litigation, which may focus on the state’s description of the execution of John Marion Grant for the 1998 slaying of a prison cafeteria worker as “in accordance with” protocols.

Grant, 60, convulsed and vomited after the sedative midazolam was administered. That drug was followed by two more: vecuronium bromide, a paralytic, and potassium chloride, which stops the heart.

Thursday’s lethal injection ended a six-year moratorium on executions in Oklahoma that was brought on by concerns over its execution methods, including prior use of midazolam.

Oklahoma’s protocols call for administering 500 milligrams of the sedative. 


Arkansas and Ohio are among other states that use that dose of midazolam in executions.

“It’s just an insane dose and there’s probably no data on what that could cause,” said Jonathan Groner, an Ohio State University medical school surgery professor and lethal injection expert.

He added that sedation does not increase as the dosage goes up.

“There’s a reason these drugs are given by anesthesiologists and not prison guards,” he said.

Grant was strapped to a gurney inside the execution chamber when the drugs were administered. After several minutes, two members of the execution team wiped the vomit from his face and neck. He was declared unconscious about 15 minutes after receiving the first drug and declared dead about six minutes after that, at 4:21 p.m.

In a statement released immediately after the execution, state prisons spokesman Justin Wolf said it “was carried out in accordance with Oklahoma Department of Corrections’ protocols and without complication.”

On Friday, prisons director Scott Crow said it was “without complication” because there was no interruption of the agency’s process for putting someone to death. He said Grant’s vomiting “was not pleasant to watch, but I do not believe it was inhumane.”

Crow said the doctor monitoring the execution said Grant was unconscious when he was vomiting and that “regurgitation is not a completely uncommon instance or occurrence with someone who is undergoing sedation.”

Dr. Karen Sibert, an anesthesiologist and professor at the University of California, Los Angeles, disputed that, saying that type of nausea is not normally associated with the class of drugs that includes midazolam. A lack of oxygen could have brought on the convulsions, along with Grant’s high levels of anxiety and distress, she said.

“Midazolam does not usually cause it by itself,” Sibert said.

Even before Grant’s execution, more than than two dozen Oklahoma death row inmates were part of a federal lawsuit challenging the state’s lethal injection protocols, arguing that the three-drug method risks causing unconstitutional pain and suffering. 

A trial is set for early next year.


The state almost surely will face new lawsuits over its execution protocols, said Robert Denham, executive director of the Death Penalty Information Center, a capital punishment clearing house that opposes the death penalty. The Corrections Department’s statement indicating that the execution wasn’t botched could provide proof of the protocols’ unconstitutionality, said Denham.

“Either they lied to the public and they can’t be trusted or they told the truth and the protocol can’t be trusted,” Denham said.

Grant was the first person in Oklahoma to be executed since a series of flawed lethal injections in 2014 and 2015. He was serving a 130-year prison sentence for several armed robberies when witnesses say he dragged prison cafeteria worker Gay Carter into a mop closet and stabbed her 16 times with a homemade shank.

States turned to midazolam over the past decade after supplies of more powerful barbiturates such sodium thiopental disappeared or companies made them unavailable following pressure from death penalty opponents. 

Even death penalty opponents agreed such a drug wouldn’t cause pain.

Midazolam has been associated with other troublesome executions, with accounts of inmates snorting and gasping following its administration, or coughing loudly, or their stomachs inflating and deflating.

In April 2014, Oklahoma inmate Clayton Lockett struggled on a gurney before dying 43 minutes into his lethal injection during the state’s first use of midazolam — and after the state’s prisons chief ordered executioners to stop.

Oklahoma halted executions in 2015 after other problematic lethal injections. 

While the moratorium was in place, Oklahoma moved ahead with plans to use nitrogen gas to execute inmates, but ultimately scrapped that idea and announced last year that it planned to resume executions using the same three-drug lethal injection protocol that was used during the flawed executions.

In 2015, a divided U.S. Supreme Court said Oklahoma’s use of midazolam didn’t violate the Constitution’s Eighth Amendment prohibition on cruel and unusual punishment. The court also said “some risk of pain is inherent in any method of execution.”

But Denham notes that the court said inmates challenging its use hadn’t proved it was unconstitutional, not that the drug itself was constitutional.

Oklahoma has six more executions scheduled to take place through March, and prison officials say they have confirmed a source to supply all the drugs needed.

Source: The Associated Press, Staff, October 29, 2021


🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

Idaho will soon turn to firing squad executions. Police will pull the triggers

Trained members of Idaho law enforcement with demonstrated firearms proficiency are expected to fill slots for carrying out the death penalty by firing squad as the state prison system transitions to the controversial execution method next month.  Six volunteers certified for no less than three years apiece through Peace Officer Standards and Training, or POST, will be recruited to ensure the Idaho Department of Correction is ready to comply with a state law that prioritizes shooting prisoners to death over lethal injection starting July 1.  No one on the team may have faced disciplinary action over firearms, use of force, or related conduct over the prior year, according to new execution protocols the prison system released this week. 

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight.  In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution.  Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order. 

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

US | Army lays groundwork for death row executions if Trump gives approval

The Army is preparing to carry out the executions of the military's four death-row inmates if ordered to do so by the president, according to an internal planning document reviewed by ABC News. If carried out, it would mark the first time the military executed convicted American inmates in more than a half-century The plan, dubbed "Operation Resolute Justice" and issued internally in February, directs Army officials to coordinate with the Federal Bureau of Prisons to transfer condemned prisoners from the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, to the federal execution facility in Terre Haute, Indiana, where the Justice Department carried out a series of non-military federal executions during President Donald Trump's first term.

Texas | Tanner Horner now incarcerated at the Polunsky Unit

Convicted child killer Tanner Horner has now taken up residence in one of the most brutal death row prisons after being sentenced to die by a Texas jury last month. Horner is incarcerated at the Polunsky Unit, an infamously restrictive prison outside Houston where the state's death row inmates are housed in an all-solitary confinement wing and spend at least 22 hours a day in their 60-square-foot cells. The former FedEx deliveryman, 34, was booked at the notorious prison on May 5 within hours of being sentenced for the gruesome murder of Athena Strand, 7, whom he admitted strangling while delivering a Christmas gift to her home in November 2022.

Thomas, Alito and Gorsuch wanted an execution that a Trump judge deemed illegal

The Supreme Court these days is generally in the business of helping executions go forward. But on Thursday night, the court did something notable: It told Alabama no. Even then, the court wasn't unanimous. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented from the refusal to let the nitrogen gas execution of Jeffery Lee proceed. What prompted the rare rejection? In line with the typical shadow docket practice, the court didn't explain itself. Nor did the dissenters, who merely noted their disagreement. But a deeper look at the case helps us understand why a majority of the court was unwilling to help the state this time.