The first questions about the constitutionality of Missouri’s new, unique-in-the-nation lethal injection procedure are being raised less than a month after the Department of Corrections adopted it.
Attorneys for two condemned men, for whom the state has requested execution dates, have raised concerns about the use of the drug propofol to put prisoners to death. The attorneys are seeking more time to explore those concerns.
Last month, Missouri became the first state to adopt propofol as the means for carrying out death sentences. The widely used surgical anesthetic, which played a role in the death of singer Michael Jackson, never has been used to put prisoners to death in the United States, experts said.
The state turned to propofol after it was unable to obtain previously used drugs whose manufacturers either quit making or began to restrict their use in executions.
The amount of the drug Missouri plans to use in executions is 15 times that used in typical surgical settings, according to Heath’s affidavit.
“The rapid injection of a massive dose of propofol presents a substantial risk of causing severe pain,” according to the affidavit.
The deposition transcript from Mark Dershwitz, another anesthesiologist who testified as an expert for the Missouri Department of Corrections in a previous case, also was included in the defense motions.
“Many patients, the last thing they remember doing before falling asleep is screaming at the top of their lungs because propofol burns,” Dershwitz is quoted as saying.
The infliction of such pain could violate the 8th amendment protection against cruel and unusual punishment, the attorneys noted in their motions.
The amount of the drug Missouri plans to use in executions is 15 times that used in typical surgical settings, according to Heath’s affidavit.
“The rapid injection of a massive dose of propofol presents a substantial risk of causing severe pain,” according to the affidavit.
The deposition transcript from Mark Dershwitz, another anesthesiologist who testified as an expert for the Missouri Department of Corrections in a previous case, also was included in the defense motions.
“Many patients, the last thing they remember doing before falling asleep is screaming at the top of their lungs because propofol burns,” Dershwitz is quoted as saying.
The infliction of such pain could violate the 8th amendment protection against cruel and unusual punishment, the attorneys noted in their motions.
Source: The Kansas City Star, June 7, 2012
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