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Row over 'agonising' Ohio execution of killer Denis McGuire | Row over 'agonising' Ohio execution of killer Denis McGuire |
(about 2 hours later) | |
US lawyers are preparing to challenge Ohio's choice of death-penalty drugs after a murderer took 25 minutes to die from a new cocktail of chemicals. | US lawyers are preparing to challenge Ohio's choice of death-penalty drugs after a murderer took 25 minutes to die from a new cocktail of chemicals. |
Dennis McGuire, 53, suffered an "agonising" death in violation of his constitutional rights, lawyers said. | Dennis McGuire, 53, suffered an "agonising" death in violation of his constitutional rights, lawyers said. |
McGuire family lawyer Jon Paul Rion says he intends to launch a legal challenge against the new drug. | McGuire family lawyer Jon Paul Rion says he intends to launch a legal challenge against the new drug. |
Witnesses said McGuire, who raped and killed a pregnant woman in 1989, gasped for at least 10 minutes before he died. | Witnesses said McGuire, who raped and killed a pregnant woman in 1989, gasped for at least 10 minutes before he died. |
"He gasped deeply, there was kind of a rattling, guttural sound, there was kind of a snorting through his nose," said one unidentified witness. | "He gasped deeply, there was kind of a rattling, guttural sound, there was kind of a snorting through his nose," said one unidentified witness. |
"A couple of times he definitely appeared to be choking." | "A couple of times he definitely appeared to be choking." |
Ohio was forced to change its lethal injection to a new two-drug cocktail after the Danish maker of the previous execution drug refused to allow its use in capital punishment. | Ohio was forced to change its lethal injection to a new two-drug cocktail after the Danish maker of the previous execution drug refused to allow its use in capital punishment. |
'Failed experiment' | 'Failed experiment' |
Mr Rion said the execution amounted to "cruel and unusual" punishment that violated the Eighth Amendment of the US constitution. | Mr Rion said the execution amounted to "cruel and unusual" punishment that violated the Eighth Amendment of the US constitution. |
He said he would hold a news conference later to announce a legal challenge. | He said he would hold a news conference later to announce a legal challenge. |
Analysts said it was one of the longest executions since Ohio resumed capital punishment in 1999. | Analysts said it was one of the longest executions since Ohio resumed capital punishment in 1999. |
McGuire's defence lawyer Allen Bohnert said his death was "a failed, agonising experiment". | McGuire's defence lawyer Allen Bohnert said his death was "a failed, agonising experiment". |
"The people of the state of Ohio should be appalled at what was done here today in their names," he said. | "The people of the state of Ohio should be appalled at what was done here today in their names," he said. |
In recent years, US states have struggled to get drugs for use in lethal injections. | In recent years, US states have struggled to get drugs for use in lethal injections. |
Ohio officials chose to use the sedative midazolam and painkiller hydromorphone for McGuire's execution. | Ohio officials chose to use the sedative midazolam and painkiller hydromorphone for McGuire's execution. |
Federal judge Gregory Frost rejected appeals arguing that the drugs could cause excess suffering. | Federal judge Gregory Frost rejected appeals arguing that the drugs could cause excess suffering. |
Berkeley University's Megan McCracken, who advises lawyers challenging lethal injection practices, told the BBC that "at the very least we can say this execution did not proceed as planned". | |
She said lethal drugs are not expected to act instantly, but McGuire's death "raised concerns". | She said lethal drugs are not expected to act instantly, but McGuire's death "raised concerns". |
"Under our constitution the question is whether the execution procedure presents a substantial risk of serious harm," she said. | "Under our constitution the question is whether the execution procedure presents a substantial risk of serious harm," she said. |
"An execution that takes a long time certainly starts to implicate the eighth amendment." | "An execution that takes a long time certainly starts to implicate the eighth amendment." |