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Thursday, April 26, 2007
Ind. Decisions - More on Judge Young allows 2 to join federal lawsuit challenging Indiana's lethal-injection procedures [Updated]
Jon Murrary of the Indianapolis Star has an update this afternoon on the hearing today in federal court challenging Indiana's lethal injection procedure. See the earlier ILB entry here.
[Updated 4/27/07] Jon Murray reports today on yesterday's hearing. Some quotes:
A doctor testifying Thursday in a lawsuit challenging Indiana's use of lethal injections in death penalty cases called state practices "catastrophically flawed." * * *With Woods' execution looming, U.S. District Judge Richard L. Young is expected to rule soon on Woods' request for a preliminary injunction. Young heard testimony during Thursday's daylong hearing. * * *
Doctors don't take active roles in executions because of ethical concerns voiced by national medical associations. But during Indiana's executions, [Prison Superintendent Ed Buss] said, a physician watches 7 feet away from the gurney, behind a window, and can intervene if there is a problem.
The inmates' attorneys countered with testimony from Dr. Mark Heath, an anesthesiologist at Columbia University in New York, who has testified in about 10 death penalty cases.
He said the three-drug combination used by nearly every state with lethal injection -- including Indiana -- is poorly calibrated, increasing the risk that the anesthetic won't take hold or other problems will crop up.
Heath also questioned whether Buss and others viewing the execution are trained to judge whether a prisoner is adequately sedated.
Officials have recently changed execution plans. For Woods, they plan to double the dose of anesthetic and will place an ammonia tablet under his nose to verify that he's sedated.
"We looked at experts' testimony in other states," Buss said, and decided the new amount, 5 grams of sodium pentothal, was certain to be effective.
"It's an increased safety margin," Heath said of the higher dose. "But in the absence of verifying the anesthetic depth in a meaningful way, it doesn't matter."
Heath said the second paralyzing drug -- used to keep the inmate from convulsing -- could prevent one who isn't adequately sedated from grimacing or showing other signs of consciousness.
Concerns about lethal injection have prompted 11 states to suspend executions, by court order or on their own. But Buss and other officials defend Indiana's procedures.
Posted by Marcia Oddi on April 26, 2007 04:38 PM
Posted to Ind Fed D.Ct. Decisions