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Oklahoma state report on botched lethal injection cites medical failures Oklahoma state report on botched lethal injection cites medical failures
(35 minutes later)
A long-awaited state investigation into a botched Oklahoma execution describes a scene marred by repeated failures and delays as prison staff struggled to implement an effective method of killing the inmate, Clayton Lockett.A long-awaited state investigation into a botched Oklahoma execution describes a scene marred by repeated failures and delays as prison staff struggled to implement an effective method of killing the inmate, Clayton Lockett.
Staff were unable to find a vein in which to insert an IV line that would deliver the drugs intended to execute Lockett, and when one was located, did not have the necessary equipment to continue the procedure.Staff were unable to find a vein in which to insert an IV line that would deliver the drugs intended to execute Lockett, and when one was located, did not have the necessary equipment to continue the procedure.
When an IV line was finally secured, to a vein in Lockett’s groin area, the prison warden demanded that he was covered with a modesty sheet, which prevented staff from quickly recognising that the execution was going awry.When an IV line was finally secured, to a vein in Lockett’s groin area, the prison warden demanded that he was covered with a modesty sheet, which prevented staff from quickly recognising that the execution was going awry.
Despite the litany of errors, the report largely absolves the state of wrongdoing, saying that the mistakes amounted only to “minor deviations” from the state’s execution protocol.Despite the litany of errors, the report largely absolves the state of wrongdoing, saying that the mistakes amounted only to “minor deviations” from the state’s execution protocol.
The state tried to kill Lockett, a convicted rapist and murderer, on 29 April for 16 minutes before drawing the blinds to the public witnesses. Before the blinds were drawn, Lockett writhed, groaned and tried to speak. Officials said he died of a heart attack 43 minutes after the execution started. Before that, the process of finding a vein had taken over an hour.The state tried to kill Lockett, a convicted rapist and murderer, on 29 April for 16 minutes before drawing the blinds to the public witnesses. Before the blinds were drawn, Lockett writhed, groaned and tried to speak. Officials said he died of a heart attack 43 minutes after the execution started. Before that, the process of finding a vein had taken over an hour.
Dale Baich, an attorney representing Oklahoma death row inmates, said the report “does not address accountability.”
“The state’s internal investigation raises more questions than it answers,” he said. “It protects the chain of command. Once the execution was clearly going wrong, it should have been stopped, but it wasn’t. Whoever allowed the execution to continue needs to be held accountable.”
The report, the result of an investigation announced by governor Mary Fallin, recommends more training for the medical personnel involved in administering lethal injections and the drafting of a contingency plan should further executions go wrong.The report, the result of an investigation announced by governor Mary Fallin, recommends more training for the medical personnel involved in administering lethal injections and the drafting of a contingency plan should further executions go wrong.
It cites several failures surrounding the insertion of the IV line meant to administer the lethal drugs for the heart attack that ultimately led to Lockett’s death. It says the paramedic who first attempted to insert a needle had no tape with which to secure it, and “before the tape was retrieved, the vein became unviable”.It cites several failures surrounding the insertion of the IV line meant to administer the lethal drugs for the heart attack that ultimately led to Lockett’s death. It says the paramedic who first attempted to insert a needle had no tape with which to secure it, and “before the tape was retrieved, the vein became unviable”.
After two more failed attempts, a physician became involved. State officials also consulted with a physician certified with the American Board of Surgery during the investigation, but did not identify the doctor or clarify if it was the same doctor. Licensed physicians are under strict rules that limit their involvement in executions.After two more failed attempts, a physician became involved. State officials also consulted with a physician certified with the American Board of Surgery during the investigation, but did not identify the doctor or clarify if it was the same doctor. Licensed physicians are under strict rules that limit their involvement in executions.
When a vein was finally located in Lockett’s groin, the prison warden requested a sheet to cover the insertion area “to maintain Lockett’s dignity and keep his genital area covered”.When a vein was finally located in Lockett’s groin, the prison warden requested a sheet to cover the insertion area “to maintain Lockett’s dignity and keep his genital area covered”.
It was that sheet that ultimately complicated the execution. “No one had visual observation of the IV insertion point until it was determined there was an issue and the physician raised the sheet,” the report says. The inability for witnesses and medical personnel to monitor the IV “ led to the issue being discovered several minutes after the execution began”.It was that sheet that ultimately complicated the execution. “No one had visual observation of the IV insertion point until it was determined there was an issue and the physician raised the sheet,” the report says. The inability for witnesses and medical personnel to monitor the IV “ led to the issue being discovered several minutes after the execution began”.
During the execution, the physician indicated that something was wrong, according to the report. He looked under the sheet and saw that “the IV had infiltrated”. Clear liquid and blood was present and swelling to a size larger than a golf ball underneath the skin.During the execution, the physician indicated that something was wrong, according to the report. He looked under the sheet and saw that “the IV had infiltrated”. Clear liquid and blood was present and swelling to a size larger than a golf ball underneath the skin.
Ultimately, the report found that only “minor deviations from specific requirements outlined in the protocol” the day of Lockett’s execution:Ultimately, the report found that only “minor deviations from specific requirements outlined in the protocol” the day of Lockett’s execution:
Despite those deviations, it was determined the protocol was substantially and correctly complied with throughout the entire process.Despite those deviations, it was determined the protocol was substantially and correctly complied with throughout the entire process.
The report recommends that only after one hour of failed attempts should the state department of corrections call the governor and “potentially request” the execution be postponed. Other recommendations include keeping the IV visible, and that a person with “proper medical training” should observe.The report recommends that only after one hour of failed attempts should the state department of corrections call the governor and “potentially request” the execution be postponed. Other recommendations include keeping the IV visible, and that a person with “proper medical training” should observe.
It also recommends the execution team use defined terminology including “stop,” “stay” and “halt,” and understand what each means during an execution.
After the blinds were drawn during the Lockett execution, several conversation took place about what to do, including whether to continue, how to stop the execution and whether to try to save his life.
Outside the chamber, corrections director Robert Patton and Fallin’s general counsel Steve Mullins determined the execution would be stopped. Mullins had “conversed” with the Fallin. Patton told the personnel in the chamber the execution would be “stopped.” Mullins also said “they would begin preparing a stay.”
“Lockett died prior to the order for a stay being relayed to the personnel inside the execution chamber,” according to the report. “There was conversation inside the chamber about administering life-saving measures to Lockett, including transporting him to the emergency room, but no order was given.”
Secrecy criticised
Richard Dieter, executive director of the Death Penalty Information Center, criticized the independence of the investigation, conducted by the Oklahoma Department of Public Safety.Richard Dieter, executive director of the Death Penalty Information Center, criticized the independence of the investigation, conducted by the Oklahoma Department of Public Safety.
“This was largely conducted with Oklahoma law enforcement,” he said. “There may be things we don’t know yet about what exactly went wrong and what should be done.”“This was largely conducted with Oklahoma law enforcement,” he said. “There may be things we don’t know yet about what exactly went wrong and what should be done.”
Dieter said having anonymous people involved in executions is a problem, because their qualifications cannot be confirmed. The doctor, paramedic and executioners were not named in the Lockett report.Dieter said having anonymous people involved in executions is a problem, because their qualifications cannot be confirmed. The doctor, paramedic and executioners were not named in the Lockett report.
“Sign off on what you’re doing or don’t do it,” he said. “Doing it under secrecy is unprofessional and leaves this report somewhat short of being complete.”“Sign off on what you’re doing or don’t do it,” he said. “Doing it under secrecy is unprofessional and leaves this report somewhat short of being complete.”
Dale Baich, an attorney representing Oklahoma death row inmates, said the report “does not address accountability.” Before Lockett’s death, attorneys for Lockett and another convicted killer, Charles Warner, challenged the constitutionality of the secrecy surrounding the source of the execution drugs in Oklahoma.
“The state’s internal investigation raises more questions than it answers,” he said. “It protects the chain of command. Once the execution was clearly going wrong, it should have been stopped, but it wasn’t. Whoever allowed the execution to continue needs to be held accountable.” Controversial drug combinations, such as the one used by Oklahoma, stem from a shortage of a single barbiturate used for years to execute inmates – pentobarbital. European drug companies stopped exporting the drug after it was revealed that states used it for executions. It is sometimes used to treat epilepsy.
Lockett was executed with a new three-drug cocktail of midazolam, vecuronium bromide and potassium chloride. His was the first Oklahoma execution to use midazolam, which was also used in two other botched executions this year: that of Dennis McGuire in Ohio, and Joseph Rudolph Wood in Arizona. It has also reportedly been used in Missouri.
The report on Lockett’s death says the IV failure “complicated the ability to determine the effectiveness of the drugs,” but found they had been administered in the potency the state intended.
The execution was not videotaped, according to the report. “Executions are not recorded; therefore, there was no video footage of the actual execution,” the report states. A report earlier this week released by the state had conflicting accounts of whether a tape of the execution exists. “It was stated that a video of the execution process was being obtained for review,” it said.The execution was not videotaped, according to the report. “Executions are not recorded; therefore, there was no video footage of the actual execution,” the report states. A report earlier this week released by the state had conflicting accounts of whether a tape of the execution exists. “It was stated that a video of the execution process was being obtained for review,” it said.
The botching of Lockett’s lethal injection put executions on hold in Oklahoma and attorneys filed a federal lawsuit alleging that 21 other Oklahoma death row inmates would suffer unconstitutional deaths.The botching of Lockett’s lethal injection put executions on hold in Oklahoma and attorneys filed a federal lawsuit alleging that 21 other Oklahoma death row inmates would suffer unconstitutional deaths.
President Barack Obama called the execution “deeply troubling” and Robert Patton, the Oklahoma corrections director, recommended an indefinite stay of executions in the state until procedures are rewritten and staff retrained. The state currently has two executions scheduled for November, and one for December.President Barack Obama called the execution “deeply troubling” and Robert Patton, the Oklahoma corrections director, recommended an indefinite stay of executions in the state until procedures are rewritten and staff retrained. The state currently has two executions scheduled for November, and one for December.
Lockett was convicted of kidnapping and shooting 19-year-old Stephanie Neiman, as part of a 1999 home invasion. He was also convicted of raping one of her friends.Lockett was convicted of kidnapping and shooting 19-year-old Stephanie Neiman, as part of a 1999 home invasion. He was also convicted of raping one of her friends.