Monday, February 2, 2009

Condemned Prisoner Losing Last Appeals

Posted by on Mon, Feb 2, 2009 at 4:44 PM

click to enlarge henley.jpg
The 6th U.S. Circuit Court of Appeals refused today to stop Steve Henley's execution, deciding he waited too late to challenge Tennessee's ridiculously absurd lethal injection procedures. So on a technicality, Henley could be put to death early Wednesday without getting the chance to make his case that the state's method of execution violates the Constitution's prohibition against cruel and unusual punishment. That's even though the same court is considering the same argument from another condemned prisoner, E.J. Harbison. You'd think the judges would put off all executions until they decide the issue. But that's not the way our legal system works. This isn't some theoretical contention that the inmates are making. Tennessee may have botched lethal injections in the past. Horror stories are all too common across the country. In Tennessee and 26 other states, a series of three chemicals is used--a barbiturate to make the inmate unconscious, a paralyzing agent to prevent seizures and involuntary gasps of pain, and finally a poison used in road salt to stop the prisoner's heart. It's all pumped from syringes into the prisoner's veins through a maze of tubes, assuming there are no unforeseen kinks or blockages.

In his 2000 Tennessee execution, Robert Glen Coe probably didn't receive enough barbiturate and felt the intense pain of the poison, according to a defense expert's review of his autopsy records. But because the second drug in the process had paralyzed Coe, he was suffocating silently as the poison took effect--and no one could tell he was suffering. That's the sole purpose of the paralyzing agent, in fact: to stop the inmate from upsetting witnesses by showing his pain. It has no effect on the inmate's awareness, cognition or sensation.

The same thing may have happened to Philip Workman in 2007. The state's own expert witness in the Harbison case, Dr. Mark Dershwitz of the University of Massachusetts Medical School, agreed there's "something amiss" if an execution takes more than nine minutes. But  it took 17 minutes for the state to execute Workman. "It was remarkable to me when I read about it," Dershwitz told the court, going on to suggest that perhaps the time of Workman's death was inaccurately recorded. It wasn't.

Executioners testified that they are basically untrained and sometimes guess at how to mix drug dosages correctly. A paramedic who's paid $250 to insert a catheter into the prisoner admitted having been under treatment in the past for drug abuse and depression and had been twice convicted of drug offenses. No one checked his background before he was hired.

In his testimony, Dr. David Lubarsky, chairman of the Department of Anesthesiology at the University of Miami School of Medicine, gave a blistering critique of the state's lethal injection procedures, saying they are unlikely to result in humane deaths. He also castigated state officials for showing "a certain hubris" by ignoring the lessons from executions that went awry in other states.

"...I'm just shocked that this continues," Lubarsky said, noting that veterinarians euthanize animals in a more humane manner.

All this evidence is before the 6th Circuit. Yet those judges are willing to let a man go to his death because he didn't file his appeal on time.

Comments (3)

Showing 1-3 of 3

Add a comment

 
Subscribe to this thread:
Showing 1-3 of 3

Add a comment

Top Topics in
Pith in the Wind

Legislature (66)


Politics (49)


Phillips (40)


Education (36)


Around Town (24)


Media (21)


Law and Order (21)


Crazy Crap (14)


Breaking News (13)


Sports (13)


All contents © 1995-2013 City Press LLC, 210 12th Ave. S., Ste. 100, Nashville, TN 37203. (615) 244-7989.
All rights reserved. No part of this service may be reproduced in any form without the express written permission of City Press LLC,
except that an individual may download and/or forward articles via email to a reasonable number of recipients for personal, non-commercial purposes.
Powered by Foundation