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Oklahoma lawyers raise flags about objectivity of Lockett execution inquiry Oklahoma lawyers raise flags about objectivity of Lockett execution inquiry
(4 months later)
The body of Clayton Lockett, the convicted murderer whose execution was botched by the state of Oklahoma, was moved to a medical examiner in Texas on Thursday as lawyers called for a fully independent investigation into the circumstances of his death.The body of Clayton Lockett, the convicted murderer whose execution was botched by the state of Oklahoma, was moved to a medical examiner in Texas on Thursday as lawyers called for a fully independent investigation into the circumstances of his death.
Mary Fallin, the governor of Oklahoma, ordered what she described as an independent inquiry on Wednesday, after the bungled procedure left Lockett writhing on the gurney.Mary Fallin, the governor of Oklahoma, ordered what she described as an independent inquiry on Wednesday, after the bungled procedure left Lockett writhing on the gurney.
Lockett died of a suspected heart attack more than 40 minutes after the first cocktail of lethal drugs was injected into him on Tuesday night, and some time after the execution had officially been called off.Lockett died of a suspected heart attack more than 40 minutes after the first cocktail of lethal drugs was injected into him on Tuesday night, and some time after the execution had officially been called off.
"Pursuant to the governor’s executive order, we have arranged for the transport of the remains of Clayton Lockett to the Dallas County medical examiner’s office for a complete postmortem examination," said Amy Elliott, spokeswoman for the medical examiner in Oklahoma City."Pursuant to the governor’s executive order, we have arranged for the transport of the remains of Clayton Lockett to the Dallas County medical examiner’s office for a complete postmortem examination," said Amy Elliott, spokeswoman for the medical examiner in Oklahoma City.
The state public safety department, which is carrying out the investigation ordered by the governor, would only say that Lockett’s body was moved to the “Dallas area” and arrived at 12.30am.The state public safety department, which is carrying out the investigation ordered by the governor, would only say that Lockett’s body was moved to the “Dallas area” and arrived at 12.30am.
Officials believe Lockett, who was convicted of shooting a 19-year-old woman and ordering a friend to bury her alive, died of a “massive heart attack” 43 minutes after his execution began Tuesday night at the Oklahoma state penitentiary in McAlester.Officials believe Lockett, who was convicted of shooting a 19-year-old woman and ordering a friend to bury her alive, died of a “massive heart attack” 43 minutes after his execution began Tuesday night at the Oklahoma state penitentiary in McAlester.
Lawyers, state officials and journalists from media groups including the Guardian witnessed the first 16 minutes of the attempted execution. Then, officials drew the blinds that separated the viewing room from the execution chamber, shielding the scene from public view. For the final three visible minutes, Lockett writhed, groaned, attempted to lift himself off the gurney and tried to speak, despite a doctor having declared him unconscious.Lawyers, state officials and journalists from media groups including the Guardian witnessed the first 16 minutes of the attempted execution. Then, officials drew the blinds that separated the viewing room from the execution chamber, shielding the scene from public view. For the final three visible minutes, Lockett writhed, groaned, attempted to lift himself off the gurney and tried to speak, despite a doctor having declared him unconscious.
Specialists expressed particular alarm that the curtain was drawn just at the moment when most public scrutiny of the proceedings was needed. “It’s abysmal that they had the gall to close the curtains at a time when transparency was essential,” said one expert familiar with drugs used in Oklahoma’s botched execution of Lockett, who declined to be named. “That’s when witnesses were most needed to report back what happened to the rest of the country.” Specialists expressed particular alarm that the curtain was drawn just at the moment when most public scrutiny of the proceedings was needed. “It’s abysmal that they had the gall to close the curtains at a time when transparency was essential,” said one expert familiar with drugs used in Oklahoma’s botched execution of Lockett, who declined to be named. “That’s when witnesses were most needed to report back what happened to the rest of the country.”
The expert said that it should have been possible to save Lockett’s life once the execution had been called off and even after the drugs had been administered. Medics could have very likely saved Lockett by deploying a breathing tube, placing him on a ventilator, and applying tourniquets to his arms to prevent the drugs reaching his heart, the specialist said.The expert said that it should have been possible to save Lockett’s life once the execution had been called off and even after the drugs had been administered. Medics could have very likely saved Lockett by deploying a breathing tube, placing him on a ventilator, and applying tourniquets to his arms to prevent the drugs reaching his heart, the specialist said.
Officials in Oklahoma have not given a full account of what happened once the blinds were drawn, save to say that Lockett died at 7.06pm, 27 minutes after the blinds were drawn at 6.39pm.Officials in Oklahoma have not given a full account of what happened once the blinds were drawn, save to say that Lockett died at 7.06pm, 27 minutes after the blinds were drawn at 6.39pm.
Governor Fallin said on Wednesday that the department of public safety would review what happened to Lockett and an independent autopsy would be performed. The commissioner of the department of public safety, Michael Thompson, a Fallin appointee, was in the execution viewing room on Tuesday night.Governor Fallin said on Wednesday that the department of public safety would review what happened to Lockett and an independent autopsy would be performed. The commissioner of the department of public safety, Michael Thompson, a Fallin appointee, was in the execution viewing room on Tuesday night.
Lockett's attorneys expressed doubt that the review would be independent. Fallin "did not assign this duty to a neutral, third party with independent interests", said Dean Sanderford, an attorney for Lockett.Lockett's attorneys expressed doubt that the review would be independent. Fallin "did not assign this duty to a neutral, third party with independent interests", said Dean Sanderford, an attorney for Lockett.
"Instead, she has charged the commissioner of the department of public safety with the job. The DPS is a state agency, and its commissioner reports to the governor. As such, the review proposed by governor Fallin would not be conducted by a neutral, independent entity. In order to understand exactly what went wrong in [Tuesday’s] horrific execution, and restore any confidence in the execution process, the death of Clayton Lockett must be investigated by a truly independent organisation, not a state employee or agency.""Instead, she has charged the commissioner of the department of public safety with the job. The DPS is a state agency, and its commissioner reports to the governor. As such, the review proposed by governor Fallin would not be conducted by a neutral, independent entity. In order to understand exactly what went wrong in [Tuesday’s] horrific execution, and restore any confidence in the execution process, the death of Clayton Lockett must be investigated by a truly independent organisation, not a state employee or agency."
Their doubts intensified when the state attorney general, Scott Pruitt, said he would assign investigators to work with the public safety commissioner and an advisor to assess the results of the execution review. Pruitt led the state’s legal battle to keep the source of the lethal drugs used in the execution secret.Their doubts intensified when the state attorney general, Scott Pruitt, said he would assign investigators to work with the public safety commissioner and an advisor to assess the results of the execution review. Pruitt led the state’s legal battle to keep the source of the lethal drugs used in the execution secret.
"It is tragic that the attorney general’s office fought against transparency, but now believes that transparency is important after a botched execution," said Seth Day, an attorney for Lockett."It is tragic that the attorney general’s office fought against transparency, but now believes that transparency is important after a botched execution," said Seth Day, an attorney for Lockett.
Lockett's attorneys had challenged Oklahoma's secrecy about death penalty drugs, which is permitted under a state law enacted in 2011 .Lockett's attorneys had challenged Oklahoma's secrecy about death penalty drugs, which is permitted under a state law enacted in 2011 .
An Oklahoma state senator, Constance Johnson, called for a moratorium on the death penalty in Oklahoma in light of Lockett's execution. Johnson, a Democrat, said she and a member of the Oklahoma house of representatives, Seneca Scott, plan to introduce a resolution to halt the death penalty in the state until an independent outside body, not a state agency, fully investigates Lockett’s death. Johnson admitted the resolution will likely not be heard in the Oklahoma legislature. An Oklahoma state senator, Constance Johnson, called for a moratorium on the death penalty in Oklahoma in light of Lockett's execution. Johnson, a Democrat, said she and a member of the Oklahoma house of representatives, Seneca Scott, plan to introduce a resolution to halt the death penalty in the state until an independent outside body, not a state agency, fully investigates Lockett’s death. Johnson admitted the resolution will likely not be heard in the Oklahoma legislature.
“I can’t imagine a bigger debacle for the state of Oklahoma,” she said. “Nationally and internationally we're on the stage right now and the world is looking to us, the eyes of the world are on us as to how we are going to resolve the issues that are here before us today.”“I can’t imagine a bigger debacle for the state of Oklahoma,” she said. “Nationally and internationally we're on the stage right now and the world is looking to us, the eyes of the world are on us as to how we are going to resolve the issues that are here before us today.”
At a press conference on Wednesday, at which she announced the state’s inquiry, Fallin appeared shaken, but resolute. "I believe the death penalty is an appropriate response and punishment to those who commit heinous crimes against their fellow men and women," she said. "However I also believe the state needs to be certain of its protocols and its procedures for executions and that they work."At a press conference on Wednesday, at which she announced the state’s inquiry, Fallin appeared shaken, but resolute. "I believe the death penalty is an appropriate response and punishment to those who commit heinous crimes against their fellow men and women," she said. "However I also believe the state needs to be certain of its protocols and its procedures for executions and that they work."
Fallin said the investigation would be deliberate and thorough. She declined to answer questions shouted to her by journalists as she left the room. Fallin said the investigation would be deliberate and thorough. She declined to answer questions shouted to her by journalists as she left the room.
Additional reporting by Ed Pilkington in New YorkAdditional reporting by Ed Pilkington in New York