Badges - Re: Georgia inmate's thrashing during execution raises new question...

  • From: CHK8093@xxxxxxx
  • To: badges@xxxxxxxxxxxxx
  • Date: Tue, 5 Jul 2011 08:00:19 -0400 (EDT)

Who gives a shit if he was uncomfortable?   I don't.
 
 
In a message dated 7/4/2011 10:07:17 P.M. Central Daylight Time,  
CarlGlas@xxxxxxxxxxx writes:



Georgia inmate Roy. Blankenship struggled  during his recent execution. 
Officials are uncertain if it was a botched  execution or a drug reaction. 
(AP) 


ATLANTA  -- The thrashing, jerking death of Roy Willard  Blankenship has 
lawyers for death row inmates plotting fresh arguments against  the drug used 
to execute him, even though they may never be able to prove that  it caused 
the spasms in his last moments.

Medical experts say it's  possible that Georgia prison staff botched the 
procedure last week _using  a controversial new sedative_ 
(http://blog.al.com/wire/2011/04/alabama_turns_to_new_drug_for.html) , that 
Blankenship had some 
sort of jarring  reaction to the drug, or even that he faked it. Still, 
defense attorneys  around the nation say they plan to cite Blankenship in 
requests to stop  executions using pentobarbital, _a  chemical being adopted by 
a 
growing number of states _ 
(http://blog.al.com/wire/2011/04/states_switching_to_new_sedati.html) as they 
run out of  another commonly-used drug.

Blankenship jerked his head several times,  mumbled inaudibly and appeared 
to gasp for breath for several minutes after he  was pumped with 
pentobarbital on Thursday in Georgia's death chamber. Inmates  are usually much 
more 
still during a lethal injection, but medical experts are  split about what 
whether Blankenship's movements were a sign that his  execution was bungled.

"As he's going to sleep, there could be many  kinds of reactions. He could 
have had the same reaction with sodium  thiopental," which was once the 
predominant execution drug, said Dr. Howard  Nearman, who chairs the 
anesthesiology department at Case Western Reserve  University's medical school. 
"And he 
could have been faking it. Anything's  possible."

Georgia's prison department has stopped short of publicly  launching an 
investigation, but said in a statement it will work with the  state attorney 
general's office to ensure "execution procedures are medically  appropriate."

Whatever conclusions the state reaches, defense attorneys  said they are 
planning to invoke Blankenship's execution in court filings as  evidence that 
pentobarbital could violate the ban on cruel and unusual  punishment.

"It is clear that something went very wrong during the  Blankenship 
execution and lawyers challenging lethal injection in other states  will be 
taking 
a very close look at what happened," said Ty Alper, a  California attorney 
who represents several death row inmates and works with  the death penalty 
clinic at the University of California-Berkeley.

The  execution of Blankenship, condemned for the 1978 murder of an elderly 
Savannah  woman, was the first in Georgia using pentobarbital as part of a 
three-drug  execution combination. The state was forced to switch after it 
surrendered its  supply of sodium thiopental to federal officials amid an 
investigation into  how the drug was obtained.

Georgia is one of several states that have  adopted pentobarbital, which is 
commonly used to destroy dogs and cats, since  the sole U.S. manufacturer 
of sodium thiopental stopped making it in 2009 and  dropped plans to resume 
production earlier this year.

Among the  objections to the new drug were multiple challenges by 
Blankenship's  attorneys, who argued in state and federal court that it could 
cause 
him  needless pain and suffering. Each request was rejected.

As the  injection began, Blankenship jerked his head toward his left arm 
and began  rapidly blinking. He then lurched toward his right arm, lunging 
twice with his  mouth wide open as if he were gasping for air. A minute later, 
he pushed his  head forward while mouthing inaudible words. His eyes never 
closed.

The  movements stopped within three minutes, and he was declared dead 12 
minutes  later.

Medical experts differ on whether the spasms indicate the  execution was 
improperly carried out.

Dr. Mark Dershwitz, a University  of Massachusetts anesthesiologist, said 
pentobarbital can sometimes cause pain  and involuntary jerking movements 
even when it's properly injected. Case  Western's Nearman said patients 
sometimes move during an "excitement phase"  that takes hold as a patient slips 
out 
of consciousness.

Others said  Blankenship's reaction is a sign the pentobarbital didn't work 
 right.

"They clearly botched this execution and Mr. Blankenship clearly  
suffered," said Dr. David Waisel, a Harvard medical professor who has raised  
questions about using pentobarbital. He said it's clear "something went  wrong."

It's rare to see an inmate struggle after a lethal injection  starts. Lewis 
Williams had to be forcibly strapped to a gurney as he pleaded  for mercy 
during his 2004 execution in Ohio. But observers said he went to  sleep the 
moment sodium thiopental started.

_View  full size_ 
(http://media.al.com/wire/photo/alabama-execution-branjpg-7eb085fd92d657fe.jpg) 
Alabama inmate Eddie D. Powell reacted  physically during his execution. 
(AP/Alabama Department of  Corrections)

Blankenship's execution, though, is  the second example of odd movements in 
lethal injections involving  pentobarbital this year._  Eddie Duval Powell 
raised his head with a confused look on his face and  glanced around 
Alabama's death chamber after he was injected with  pentobarbital on June 16._ 
(http://blog.al.com/spotnews/2011/06/hold_eddie_duvall_powell_dies.html)  He 
then dropped his head back down and appeared  to be unconscious.

"This will become an issue," said Alabama death  penalty attorney Bryan 
Stevenson, citing the two cases. "With Blankenship's  execution, new concerns 
will be raised about the protocols states are  employing with this new drug."

Officials in Georgia, meanwhile, are  quietly trying to determine what, if 
anything went wrong. No new executions  have been scheduled since 
Blankenship was put to death.

His lawyer  Brian Kammer wants an independent investigation and a firmer 
ban on executions  until such a probe is complete.

"I can't see how this is not further  evidence that Georgia can't 
competently implement a judicial lethal injection,  and that it would form the 
basis 
of future challenges," he  said.





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