Skip to main content

Oklahoma case shows cruelty of letting the condemned choose their method of execution

Oklahoma death row inmate James Coddington would rather die by the firing squad than by lethal injection. Given the dismal record of lethal injection in that state and across the nation, who can blame him?

But no one should underestimate the Kafkaesque cruelty and horror of such a choice.

The day before Christmas Eve, U.S. District Judge Stephen Friot ordered a temporary halt to Coddington’s execution, otherwise scheduled for March. The judge’s decision also allowed Coddington to join a pending federal lawsuit challenging the constitutionality of Oklahoma’s lethal injection protocol which includes the controversial drug midazolam. Midazolam has been used in many botched lethal injections, most recently Oklahoma’s November execution of John Marion Grant. Witnesses reported that as soon as the flow of midazolam started, Grant’s “entire body convulsed, shaking and jerking.”

The Washington Post quoted Associated Press reporter Sean Murphy who observed Grant “convulsing about 2 dozen times. Full body convulsions. And then he began to vomit, which covered his face.”

Coddington is required to make known his alternative if he wants to avoid lethal injection because of the Supreme Court’s 2015 Glossip v. Gross decision, which upheld the use of midazolam in lethal injections, but required that an inmate who wants to challenge any method of execution can only do so if he identifies a “known and available alternative method of execution.”

In Coddington’s case, he contended that he had already filed the paperwork needed to satisfy the Glossip requirement. Judge Friot found that in fact Coddington “thought he had already effectively communicated his choice of a firing squad” as his “alternative method of execution.” As a result, Coddington could pursue his lethal injection challenge.

What a sadistic twist of constitutional fate.

Coddington can join a suit contending that lethal injection is cruel only by conceding that there is a constitutional alternative and by electing to die by that method.

Today, many states have a menu of execution methods.

8 states (Alabama, Arizona, Florida, Kentucky, Mississippi, Oklahoma, South Carolina, and Tennessee) include the electric chair among their available methods of execution. 7 states (Alabama, Arizona, California, Mississippi, Missouri, Oklahoma, and Wyoming) allow for the use of the gas chamber. One, New Hampshire, permits hanging. And 4 states (Mississippi, Oklahoma, South Carolina and Utah) authorize the firing squad as an alternative to lethal injection.

Coddington is not the first person sentenced to death to reject lethal injection, though he would be the 1st to die by the firing squad since 2010 if his challenge to Oklahoma’s lethal injection protocol succeeds.

In the last half century there have been only 4 executions by firing squad, all of them in Utah. They include the 1960 execution of James W. Rodgers, Gary Gilmore’s execution in 1977, John Albert Taylor’s in 1996, and the 2010 execution of Ronnie Lee Gardner. Gardner preferred this method of execution because of his “Mormon heritage.”

Taylor said he preferred to be shot because he did not want to “flop around like a dying fish” during a lethal injection.

But since 2010, electrocution — not the firing squad — has been the method most often substituted for lethal injection. Electrocution has been used in seven of the more than 350 executions carried out in the United States since that date. Five of those electrocutions occurred in Tennessee following the enactment in 2000 of a law allowing death row inmates who committed their offense prior to Jan. 1, 1999 to choose electrocution over lethal injection.

The first was the 2018 execution of Edmund Zagorski, whose last-minute request to die in the electric chair set off a flurry of litigation before finally being granted. Zagorski chose the electric chair because he was convinced that death by lethal injection is “‘certain torture’” and that electrocution would be quicker and less painful. Like Coddington, Zagorski made his choice immediately following a botched lethal injection in his state. In Zagorski’s case it was Tennessee’s gruesome execution of Billy Irick.

After officials injected midazolam into Irick’s veins, he began to “gulp[] for an extended period of time,” choke, gasp, cough, and snore. A witness said that he moved his stomach, moved his head, and “briefly strain[ed] his forearms against the restraints.” Such movements suggest that Irick was conscious while the executioners injected the second and third drugs which would paralyze and then kill him. News reports quoted a doctor who said that Irick almost certainly felt intense pain during his execution. It took 20 minutes for him to die.

Talking about Zagorski’s choice to be electrocuted, Supreme Court Justice Sonya Sotomayor wisely observed that he did not choose the electric chair “because he thought that it was a humane way to die, but because he thought that the three-drug cocktail that Tennessee had planned to use was even worse. Given what most people think of the electric chair, it is hard to imagine a more striking testament — from a person with more at stake — to the legitimate fears raised by the lethal-injection drugs that Tennessee uses.”

In another case, Sotomayor labelled execution by lethal injection a “nightmarish death: The condemned prisoner is conscious but entirely paralyzed, unable to move or scream his agony, as he suffers ‘what may well be the chemical equivalent of being burned at the stake.’”

Given this prospect, it is not hard to understand why Chapman might prefer to be shot.

His choice should give us no solace.

All shreds of dignity and humanity are stripped from those America puts to death in an illusory quest to even out the scales of justice. Making them choose how they will die is the final indignity and the cruelest choice of all.

Source: The Hill, Austin Sarat, December 28, 2021. Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. He is author of numerous books on America's death penalty, including "Gruesome Spectacles: Botched Executions and America's Death Penalty.


🚩 | 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)

Texas: The inmates who refused to die quietly and had to be gassed out of their cells before execution

Former crime reporter Michelle Lyons, who witnessed nearly 300 executions in Texas, US, reveals the desperate acts of death row prisoners who refused to accept their fate After spending years or often decades locked up in a tiny cell for 23 hours a day, most Death Row inmates go willingly to their executions. However, some refuse to die quietly - with officers forced to gas them out of cells, strap up their heads and even give chase across prison grounds. Michelle Lyons, who has witnessed nearly 300 executions in Texas, US, exclusively tells Sun Online how certain inmates "fight like hell" in their last moments. On most occasions, Michelle watched from the witness area, with the killers already on the gurney - the stretcher where they'd be given a lethal injection. Seven prisoners once tried to escape from the Row in Huntsville - with one shoving magazines and newspapers under his clothes to help him roll over razor-wire fences. Others have had to b...

Idaho | Death row prisoners sue over state's new firing squad

BOISE (Idaho Statesman) – Days after Idaho made the switch to a firing squad for executions, two Idaho death row prisoners next in line to be put to death sued the state prison system, saying its director withheld information about how she settled on the specifics for carrying out the method. Attorneys for prisoners Thomas Creech and Gerald Pizzuto filed suit this week in state district court against Idaho Department of Correction Director Bree Derrick. In the filing, they called her approval of an updated standard operating procedure for the firing squad and lethal injection as a backup method “arbitrary, capricious, or an abuse of discretion and in excess of the statutory authority of the agency.”

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...

Florida death row inmate wants DeSantis to attend his pending execution

Dennis Michael Sochor is scheduled to be put to death Tuesday, the 29th person executed by the state in the past 19 months. Dennis Michael Sochor, convicted of strangling an 18-year-old woman he met at a New Year’s celebration in a Broward County bar 44 years ago, is scheduled to die by lethal injection Tuesday at Florida State Prison. His last wish? To have Gov. Ron DeSantis personally observe his execution up close and personal.

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.

Oldest inmate set to be executed in Florida will face strict spending limit for final meal

An entire category of food is also off-limits for final meal requests in Florida Florida is currently preparing to execute its oldest inmate later today (July 14), a 74-year-old convicted murderer who has been on death row since the 1980s—but his final meal will be limited by a strict budget. Dennis Sochor is scheduled to be put to death later today, making history as the oldest inmate to ever be executed in the state. The criminal, who has been on death row for nearly 40 years, will be administered the lethal three-drug injection, with the process due to begin at around 6pm.

We Asked Ohio’s Death Row What They Think of Governor’s Death Penalty Reversal

Like Gov. Mike DeWine, most agreed the death penalty is broken and does not deter crime, but not always with the same reasoning. Some people on Ohio’s death row praised Gov. Mike DeWine for having the courage to come out against the death penalty. Others said actions speak louder than words, and they want the governor to commute their death sentences to life without the possibility of parole. But all agreed with the governor on one thing: Ohio’s death penalty law is broken. DeWine said long delays in carrying out executions undermine its intended function as a deterrent. Condemned prisoners resoundingly said that the possibility of being executed never stopped anyone from committing murder.

Florida | Double-murderer set for execution, sparking intense legal battle over age, declining health

Gov. Ron DeSantis signed a death warrant for the Pasco County execution of Dominick Occhicone, scheduled for July 28. Defense attorneys argue the 80-year-old double-murderer is too old and frail to be executed under the 8th Amendment. HOLIDAY, Fla. - Dominick Occhicone is scheduled to face execution on July 28 for the 1986 cold-blooded murders of his ex-girlfriend's parents in Pasco County, sparking an intense legal battle over his advanced age and failing health. Gov. Ron DeSantis signed a death warrant for Dominick Occhicone, who has spent nearly 40 years on death row, according to state records. The man is about to turn 81 and was convicted of killing Raymond and Martha Artzner at their home in Holiday. The warrant comes shortly after the state executed 74-year-old Dusty Ray Spencer last week. If the scheduled July 14 execution of 74-year-old Dennis Sochor proceeds, he will surpass Spencer as the oldest inmate executed in Florida since 1976. Court records show that Occhicone wen...

UK | A Dead Woman’s Sentence Is Commuted to Life in Prison. Justice or Farce?

A Dead Woman’s Sentence Is Commuted to Life in Prison. Justice or Farce? On July 8, England’s Deputy Prime Minister and Justice Secretary, David Lammy, informed his colleagues in the House of Commons that King Charles had granted a conditional pardon to a woman who was executed on July 13, 1955. The beneficiary of the King’s posthumous mercy was Ruth Ellis, who, as a report in the Guardian notes , “was the last woman to be hanged in the United Kingdom.”

Germany | Neuschwanstein killer contests extradition over death penalty fears

Three years after the rape and murder of a US tourist near Neuschwanstein Castle, the convicted man, also from the United States, is contesting his extradition from Germany. The 33-year-old pushed two young women down a slope of around 50 metres during a visit to the world-famous castle. A 21-year-old later died in hospital and her friend was injured. The man raped and strangled the 21-year-old before pushing her over the edge. Kempten Regional Court sentenced him to life in prison for murder, attempted murder and rape resulting in death. The foreigners' office in the area then issued a deportation order against the convicted murderer.