Skip to main content

Tennessee | Questions Raised About the Doctor Who Was Overseeing Tony Caruthers’ Execution

Mark Fowler, according to a deposition, had not placed a central line in a patient for more than a decade when he attempted to put one in Carruthers

Around 11 a.m. Thursday morning in the execution chamber at Riverbend Maximum Security Institution in Nashville, a medical doctor stepped in and attempted to place a central IV line in Tony Carruthers’ chest.

By that point, the prison staff had spent some 30 minutes trying unsuccessfully to insert a backup IV line that would allow them to proceed with the lethal injection. According to Carruthers’ attorney Maria DeLiberato, who was in the room, after asking a staff member to attempt inserting a line through Carruthers’ jugular vein, the doctor moved on to the central line, which is identified as the last resort in Tennessee’s lethal injection protocol.

At one point, DeLiberato, objected to the doctor proceeding. In an exchange heard by media witnesses on the other side of a door, she questioned his qualifications for carrying out the procedure.

“I am qualified,” he responded bluntly.

As he was attempting to place the central line into Carruthers, the inmate’s attorneys rushed to the state Supreme Court asking them to stop the proceeding. Before they could rule, Gov. Bill Lee deferred Carruthers’ execution for a year.

In a federal court filing Thursday afternoon, and in a subsequent statement to the media, attorneys from the federal public defender’s office in Nashville said the doctor’s name is Mark Walton Fowler and that he is not qualified.

“Most medical professionals do not participate in lethal injections because it violates their ethical obligation ‘to do no harm,’” Assistant Federal Public Defender Amy Harwell, who also represents Carruthers, said in a written statement. “As such, states with the death penalty are left with no choice but to scrape the bottom of the barrel — hiring individuals with inadequate training and minimal conscience.”

The American Medical Association’s Code of Ethics says explicitly that physicians “must not participate in a legally authorized execution,” including by “starting intravenous lines as a port for a lethal injection device.”

The Tennessee Department of Health’s website shows a Dr. Mark Walton Fowler of Union, Tenn., with an active medical license.

Harwell went on to note that many states, including Tennessee, have enacted laws to keep secret the identities of medical professionals who take part in executions. Fowler’s name, however, was revealed first by Riverbend Warden Kenneth Nelsen when he spoke it during last year’s execution of Byron Black.

Fowler was deposed in 2025 as part of a lawsuit brought by people on death row challenging the state’s lethal injection protocol. During that questioning, Fowler said that he had placed a central IV line “a dozen or more times,” but that he had not done so since he stopped working as an emergency room doctor in 2013. He later confirmed that he has no hospital privileges, meaning no hospital has authorized him to practice or perform procedures at its facility.

Citing DeLiberato’s account from the execution chamber, Harwell’s statement explained that the execution team tried to establish an IV line through Carruthers’ jugular vein using a vein finder device, which was unable to detect the anterior jugular vein.

Tennessee's death chamber
DeLiberato told reporters after the execution was called off that Fowler’s hands were shaking as he repeatedly failed to establish the central line in Carruthers’ chest. She described seeing blood coming out of multiple puncture wounds. Although Fowler had given Carruthers the local anesthetic lidocaine, DeLiberato said her client was in “agony.” Media witnesses could hear him groaning in pain.

“We are asking Governor Lee to launch yet another investigation into TDOC’s execution practices to determine how the Department came to rely on such incompetent, unethical, and unqualified medical professionals,” Harwell said in her statement.

RELATED Tennessee fails to execute Tony Carruthers after IV difficulties. State won't try again for a year  

In the office’s district court filing Thursday, they asked the judge to block the state from executing Carruthers “through intravenous methods unless performed by an individual established on the record to be qualified, licensed, and presently authorized by a legitimate medical facility to establish a central IV line.” They also asked that prison officials be required to allow a “physician designated by Mr. Carruthers to observe the execution.”

In a Friday press release, the ACLU asked Gov. Lee to pause all executions until the issues can be resolved. 

Source: nashvillebanner.com, Steven Hale, May 22, 2026




"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde
Globe
Death Penalty News For a World without the Death Penalty

Comments

Most viewed (Last 7 days)

Florida | Jury recommends death sentence for Jeffrey Crum in killing of 12-year-old girl

BROOKSVILLE, Fla. — A Hernando County jury has recommended the death penalty for a 65-year-old man who was found guilty last week of raping and killing 12-year-old Jennifer Odom. Sentencing for Jeffrey Crum was held this week. Crum abducted Odom in 1993 after she stepped off her school bus in Pasco County. Her body was found in a Hernando County orange grove six days later.

Oklahoma Sets November Execution Date for Air Force Veteran Jim Pavatt Amid Claims of Wrongful Conviction

OKLAHOMA CITY — The Oklahoma Court of Criminal Appeals has scheduled the execution of Air Force veteran and longtime death row prisoner Jim Pavatt for Nov. 12, as his attorneys continue to challenge his conviction and contend that prosecutors relied on false arguments, disputed forensic evidence and an alleged confession they later described as bogus. Pavatt, who served nearly 22 years in the Air Force and rose to the rank of master sergeant, was convicted and sentenced to death for the 2001 killing of Rob Andrew in Oklahoma City. His execution is scheduled for the day after Veterans Day.

Hanging of Osaka Arsonist is Japan’s First Execution Under Takaichi Government

As a majority of the international community has abolished capital punishment. Japan and the U.S. are the only two countries in the Group of Seven leading industrialized nations that put people to death. The execution of Takami Sunao—an arsonist whose 2009 attack in Osaka killed five—on August 21, 2026, was Japan’s first use of capital punishment in just over a year. Over a Decade from Sentencing to Execution Takami Sunao was executed on August 21, 2026 , for a 2009 arson attack at an Osaka pachinko parlor that killed five people. In July 2009, Takami poured gasoline on the floor of a pachinko parlor in Osaka and set it alight, killing 5 customers and staff members and injuring 10 more. While the defense argued that he was in a state of diminished capacity, the Supreme Court finalized his death sentence in February 2016. The execution took place 17 years after the initial crime and 10 and a half years after the death sentence was finalized.

Indiana high court sets Nov. 5 execution date for convicted child killer

The court’s decision came a little more than two months after Indiana Attorney General Todd Rokita asked the justices to schedule Weisheit’s execution. State attorneys argued Weisheit had exhausted his state and federal appeals, had no active stay of execution, and could lawfully be put to death. The inmate’s attorneys opposed setting a date, saying they needed more time to pursue available legal proceedings and possible executive clemency. The defense additionally pointed to public records that it said showed the Indiana Department of Correction lacked the drugs needed to conduct an execution and had no lawful source from which to obtain them.

Spared execution eight times, oldest inmate in US dies at 101 after 76 years behind bars

Francis Clifford Smith was given his last meal eight times. But after being spared execution each time, he went on to be regarded as the longest-serving prisoner in the US before dying in June at 101 years old. Convicted of murder in 1950 when he was 25, he always maintained his innocence, those who knew him told the BBC. Andrius Banevicius, the public information officer for Connecticut's Department of Correction, recounted how Smith used to feed the birds while in Osborn Prison, earning him the nickname The Birdman of Osborn.

Israel’s Ben-Gvir posts video of gallows site for hanging Palestinian terrorists

Israel’s national security minister, Itamar Ben-Gvir, has posted a video of the construction of a gallows complex where Palestinians convicted of terror offenses will be hanged. Ben-Givr said the new execution site would be equipped with viewing booths for families of victims to watch the hangings. He posted the video on social media of a visit he had made to the unidentified location, where he can be seen pointing at foundations being laid and saying it was where “terrorists will be executed." Photographs in the Israeli media showed a bulldozer and heavy construction work in a cordoned-off area, reportedly close to a prison.

Japan executes man convicted of killing five in 2009 Osaka pachinko parlor arson

Japan on Friday announced the execution of a man convicted of killing five people after setting fire to an Osaka pachinko parlor in 2009, the first execution by Prime Minister Sanae Takaichi 's government as the country faces growing calls for more transparency and the abolition of capital punishment. The Justice Ministry said Sunao Takami, 58, was hanged to death earlier Friday. Takami in 2009 set fire to the crowded pachinko parlor in Osaka by spreading gasoline and throwing a lit match, engulfing the building, killing five and injuring 10 others, Justice Minister Hiroshi Hiraguchi said.

Cartoons about Capital Punishment

  More cartoons about capital punishment HERE

Israel builds execution chamber for Palestinians convicted of murder

In March, the Knesset approved legislation that calls for the execution of Palestinians convicted by a military court of killing Israelis Israeli authorities are preparing a prison wing—replete with an execution chamber—designated specifically for Palestinian prisoners convicted of murder, Israel’s i24NEWS channel reported Tuesday. The move comes after the Knesset (Israel’s parliament) approved legislation in March that calls for the execution of Palestinian prisoners convicted by a military court of murdering Israelis.

Florida executes William Frances Silvia

Florida executed its 13th death row prisoner of the year Tuesday evening amid the state’s aggressive use of the death penalty championed by Governor Ron DeSantis. William Frances Silvia, 61, who was convicted of fatally shooting his estranged wife and injuring his mother-in-law in 2006, was pronounced dead at 6:11 p.m. after receiving the lethal three-drug injection at Florida State Prison.  At 6 p.m. Tuesday, Silvia was already strapped to a gurney with an IV in his arm when the curtain to the death chamber went up.  He remained relatively motionless with his eyes and mouth open throughout most of the execution while a priest sat at his feet and prayed.