Gov. Dave Heineman today approved rules and regulations for executing prisoners with a 3-drug cocktail.His approval clears the way for the state to resume executing people on death row.
The regulations will take effect after being filed with the Secretary of State's office, generally a formality.
The rules and regulations carry out a law passed last year that changed the state's method of execution from electrocution to lethal injection.
As spelled out in the new rules, Nebraska's execution protocol would be similar to the practices used in other states that carry out the death penalty by lethal injection.
It would involve 3 drugs given in succession an anesthetic, a paralyzing agent and, finally, a drug to stop the prisoner's heart.
The rules spell out the order and dosage of the drugs.
The warden would to do "consciousness checks" after the 1st drug is administered. The checks are to determine whether the prisoner is anesthetized before giving the 2nd drug, a paralyzing agent.
A team of at least 12 people would be required to carry out an execution.
None would have to be a licensed health care professional, although 2 team members would have to get training as emergency medical technicians and in drawing blood and starting IV lines.
The execution team would include the department director, the Nebraska State Penitentiary warden, the penitentiary staff communicator, at least 7 people to escort the prisoner and a 2-person IV team. The IV team is to start an intravenous line and administer the drugs when the director orders.
Source: Omaha World-Herald, Feb. 11, 2010
Neb. Governor Signs Off On Lethal Injection Protocol
Gov. Dave Heineman approved a lethal-injection protocol for Nebraska on Wednesday, ending the death penalty's monthslong limbo in the state and opening the gate to a new round of lawsuits.
There never was any doubt Heineman, a death-penalty supporter, would sign off on the protocol that replaces electrocution and he did so without publicizing his approval.
Last year, he supported Nebraska lawmakers when they directed the state Department of Corrections to craft a lethal-injection protocol to replace electrocution.
The direction from lawmakers followed a 2008 ruling from the state Supreme Court that said the chair amounted to unconstitutional cruel and unusual punishment. Nebraska had been the only state with electrocution as its sole means of execution and since the ruling, has technically been without a means of executing prisoners.
Nebraska is now in line with more than 30 other states that use a similar, 3-drug cocktail an anesthetic, a muscle paralyzer and a substance to stop the heart.
While the new protocol technically goes into effect Monday, it will be summer before the Department of Corrections is actually ready to use it. And experts say they dont expect an execution to take place for several years because of legal challenges.
Corrections Director Bob Houston said Wednesday that "hundreds of modifications" need the be made to corrections facilities and equipment before lethal injection can be used but that the department is on track to be able to carry out the protocol by summer.
Among the requirements spelled out in the 5-page protocol is that 2 members of the lethal-injection team be trained to maintain an open IV line and have been trained as emergency medical technicians. After execution dates are set, members of the execution team will be required to train weekly.
Attorneys who oppose the death penalty have said they expect lawsuits will be filed attacking various components of the protocol, including training requirements they say are vague. There also could be legal challenges arguing the protocol violates a state law barring the use of poison to harm someone.
Source: Yankton Press & Dakotan, Feb. 11, 2010
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