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CA: Logs show some inmates may have been conscious during execution
AP on Bakersfield Californian ^ | 9/27/06 | David Kravets - ap

Posted on 09/27/2006 8:32:37 PM PDT by NormsRevenge

Medical logs of past state executions showed that some patients might have been conscious during the lethal injection procedure because the sedatives were mixed by prison staffers with no medical background, an anesthesiologist testified Wednesday.

Dr. Mark Heath of Columbia University also testified that records from San Quentin State Prison executions show that some of the drugs taken from the prison pharmacy that weren't used went missing.

"For each execution, there's 15 vials missing," Heath said during the second day of court hearings challenging California's lethal injection method. He added, "There were errors in mixing drugs."

The hearing was called by U.S. District Judge Jeremy Fogel amid concerns inmates may suffer unnecessary pain when being put to death. In February, Fogel put California executions on hold, fearing the sedatives were not knocking the inmate unconscious and thus making it possible for the prisoner to feel extreme pain when a paralyzing agent was delivered.

The challenge was brought by condemned prisoner Michael Morales, convicted of kidnapping, torturing and raping 17-year-old Terri Winchell of Stockton 25 years ago. Morales' attorneys maintain that the paralyzing agent is given solely to make the inmate appear in a serene state to please execution witnesses and prison staff while masking what could be an excruciating death.

Heath, who has testified against lethal injection in five states, mentioned two California inmates who may have been conscious when executed: Robert Massie who was executed in 2001 and Crips co-founder Stanley Williams executed last year.

He said they may have been breathing, and therefore conscious, when the paralyzing drug was given, pushing them into a state of "agony."

California, like most of the 37 states with lethal injection, uses a three-drug cocktail to execute. First a sedative, then a paralyzing agent and final a heart-stopping dose, a process that takes about 12 minutes once the drugs begin flowing.

Heath testified that an anesthesiologist should participate in the execution to make sure the inmate is unconscious. But he added that no execution could be perfect.

"No human endeavor can be performed to humane perfection every time," he said.

Heath said the state's latest plan to continually drip a sedative throughout the procedure won't eliminate the possibility that the inmate will remain conscious.

But he conceded on cross examination that he has never approved of a lethal injection method he has reviewed. He added that he never attended an execution and said it was unethical for doctors to participate in them.

In February, Fogel believed there was "substantial evidence" in past medical logs to suggest the past six men executed in San Quentin might have been conscious because they were still breathing after the paralyzing agent was given.

Fogel ordered two licensed anesthesiologists to be on hand to ensure Morales was unconscious. Or, he said, the prison could use just a sedative, but it would have to be injected by a licensed practitioner such as a doctor, nurse, dentist, paramedic or other medical technician.

Licensed personnel declined to participate amid a furor by medical trade organizations denouncing their members' participation in execution.

Testimony was scheduled to resume Thursday.

The case is Morales v. Tilton, 06-219.

---

Editors: David Kravets has been covering state and federal courts for more than a decade


TOPICS: Crime/Corruption; Government; US: California
KEYWORDS: california; conscious; deathpenalty; execution; inmates; lethalinjection; logs
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NewsFlash, Judge Fogel!

All the perps victims were alive and conscious before they were offed, without any attempt to minimize pain.

Considering California has executed very few death row inmate and has Massie and Tookie as examples in this piece, the headline makes it sound like this is a very common occurrence.

I'm sure if more were done, the personnel slated to do the deed and their future efficiency will go up with every execution.

or go back to hanging or firing squads..

1 posted on 09/27/2006 8:32:38 PM PDT by NormsRevenge
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To: NormsRevenge

What should I post - the Clinton crocodile tears clip or a picture of a small violin?


2 posted on 09/27/2006 8:33:43 PM PDT by Extremely Extreme Extremist
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To: NormsRevenge

Or, even better, slowly roasting them over hot coals ~ that way they'll get some practice dealing with where they're going.


3 posted on 09/27/2006 8:35:14 PM PDT by muawiyah
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To: NormsRevenge

If this is all the closer we can get to a torture penalty for those who freely tortured innocent others, then so be it.


4 posted on 09/27/2006 8:35:31 PM PDT by ConservativeMind
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To: Extremely Extreme Extremist

Their victims were surely hot damn aware of their execution.


5 posted on 09/27/2006 8:35:54 PM PDT by stephenjohnbanker (Our troops will send all of the worlds terrorists to hell in a handbasket with no virgins!)
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To: NormsRevenge

And? what about their victims I am sure that these scumbags didnt offer a valium before they murdered them in cold blood. Give me break.


6 posted on 09/27/2006 8:35:55 PM PDT by lndrvr1972
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To: muawiyah

"over hot coals "

Up their crack!


7 posted on 09/27/2006 8:36:36 PM PDT by stephenjohnbanker (Our troops will send all of the worlds terrorists to hell in a handbasket with no virgins!)
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To: NormsRevenge

Did Terri Winchell have a pleasant, painless rape and death? Was she properly anesthetized while her murderer tortured her?

I thought not.

These slime ought to be on their knees thanking God and the State of California that they only have to suffer for a few minutes and that their sufferings are as nothing compared to those of their victims.


8 posted on 09/27/2006 8:37:37 PM PDT by Fairview
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To: NormsRevenge
Medical logs of past state executions showed that some patients might have been conscious during the lethal injection procedure

So?

9 posted on 09/27/2006 8:37:44 PM PDT by El Gato
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To: NormsRevenge

Sickening. Mercy to the cruel is cruelty to the innocent.

Hanging is good because rope is re-usable and therefore cheap.

And no 20 years of appeals, either.


10 posted on 09/27/2006 8:37:59 PM PDT by little jeremiah
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To: NormsRevenge

There should be a law requiring them to be conscious so they know what's happening to them and why.


11 posted on 09/27/2006 8:38:03 PM PDT by jazusamo (DIANA IREY for Congress, PA 12th District: Retire murtha.)
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To: NormsRevenge
But he conceded on cross examination that he has never approved of a lethal injection method he has reviewed. He added that he never attended an execution and said it was unethical for doctors to participate in them.

It takes a 'special' kind of being to have no concern for victims or their families.
12 posted on 09/27/2006 8:38:05 PM PDT by kinoxi
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To: NormsRevenge
The challenge was brought by condemned prisoner Michael Morales, convicted of kidnapping, torturing and raping 17-year-old Terri Winchell of Stockton 25 years ago.

Morales' attorneys maintain that the paralyzing agent is given solely to make the inmate appear in a serene state to please execution witnesses and prison staff while masking what could be an excruciating death.

...and this is a problem...how?

13 posted on 09/27/2006 8:38:33 PM PDT by paulat
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To: El Gato

Yeah?
And the sun will rise tomorrow.


14 posted on 09/27/2006 8:39:16 PM PDT by acapesket (never had a vote count in all my years here)
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To: jazusamo

DITTOS! and Damned Right!

TT


15 posted on 09/27/2006 8:40:39 PM PDT by TexasTransplant (NEMO ME IMPUNE LACESSET)
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To: NormsRevenge

I vote for replacing the inmates blood supply with embalming fluid thus preparing the body for burial.
With the added benefit that you know he's dead and Ive heard bleeding to death is like falling asleep the
embalming fluid might just feel a little warm.
We shouldnt use painkillers unless the inmate gave their victims painkillers first.


16 posted on 09/27/2006 8:41:11 PM PDT by claptrap (optional tag-line under reconsideration)
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To: acapesket

Sorry, meant that for Norm, wouldn't it be great to go back to hanging? Like Jihadis over pig roasts or something festive like that?


17 posted on 09/27/2006 8:41:31 PM PDT by acapesket (never had a vote count in all my years here)
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To: NormsRevenge
If the court-mandated goal is to give the inmates a not-unpleasant death, why not just shoot them full of enough opiates to kill a horse? Morphine will do just fine: it's not illegal, it's widely available, it's 100% lethal above a certain dose.
18 posted on 09/27/2006 8:42:21 PM PDT by Physicist
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To: paulat
Trying to give a damn...

Nope.

19 posted on 09/27/2006 8:43:04 PM PDT by gov_bean_ counter ( I am sitting under my cone of silence, inside a copper wire cage wearing a tin foil hat...)
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To: NormsRevenge
Good evening.
"or go back to hanging or firing squads.."

I vote for good old fashion public hanging.

Michael Frazier
20 posted on 09/27/2006 8:43:36 PM PDT by brazzaville (no surrender no retreat, well, maybe retreat's ok)
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