Another state, another botched execution carried
out with secret new drugs. This time: Arizona, where convicted
murderer Joseph Randolph Wood gasped and snorted for more than 90
minutes after his execution began. What should have been a 10- to
15- minute ordeal took 117 minutes for Wood.
According to witnesses, Wood “gulped like a fish on land” and
made movements “like a piston: the mouth opened, the chest rose,
the stomach convulsed.” He gasped for air roughly 660 times over
the course of the 117-minute execution—which had been carried out
using a controversial two-drug cocktail the state had never used
before.
One of the drugs, midazolam, has been used in flawed executions
carried out in other states this year, including the
horrific botched execution of Clayton Lockett in Oklahoma, who
died of a heart attack more than 40 minutes after the procedure
started. It was also used in Ohio on
Dennis McGuire, who gasped and snorted on the gurney before
being pronounced dead 25 minutes after the execution began.
In the weeks leading up to Wood’s execution, his attorneys
argued that Wood had a First Amendment right to information about
the drugs that would be used to kill him, which Arizona—like many
states throughout the country—has kept confidential. On Saturday,
the U.S. 9th Circuit Appeals Court sided with Wood and ruled
that the execution could not be carried out until Arizona provided
him with information about the origins of the lethal injection
drugs, as well as the qualifications of the personnel who were
going to administer the drugs.
The 9th Circuit’s ruling is significant, as it marks the first
time a federal court has ever issued a stay of execution based on
the issue of drug secrecy. In all previous challenges, the court
has sided with states. (Notable that one of the judges who
dissented from the decision was Judge Jay Bybee, known for signing
the infamous “torture memos” in
2002, which authorized “enhanced interrogation techniques” used at
Guantanamo Bay.)
Arizona state officials appealed, but the circuit court
upheld the ruling. On Tuesday, the U.S. Supreme Court
vacated
the federal court ruling and cleared the way for the execution to
proceed on Wednesday at 10 a.m. MDT. However, the Arizona Supreme
Court halted the execution minutes before it was set to take place
in order to consider a last-minute appeal by Wood’s lawyers over
the secrecy of the lethal injection drugs to be used.
A couple of hours later, the state supreme court dissolved the
stay, and Wood was strapped to the gurney. At 1:52 p.m., the
execution commenced. According to journalists present, he began to
gasp for air roughly seven minutes after the procedure began, and
continued gasping for more than an hour and a half. According to
his lawyers, who had enough time to file an
emergency motion for a stay of execution while he laid alive on
the gurney, staff checked Wood for sedation at 3:02 p.m. and found
he was still alive. At 3:49 p.m., Wood was finally pronounced
dead.
Shortly after, Arizona Gov. Jan Brewer released a statement
ordering the Arizona Department of Corrections to conduct a “full
review of the process.” However, because the review is going to be
conducted by the very same people who were responsible for the
botched execution yesterday, one should be skeptical that the
investigation will be unbiased or thorough.
In her statement, Gov. Brewer also claimed, “Wood died in a
lawful manner and by eyewitness and medical accounts he did not
suffer.” This, she said, “is in stark comparison to the gruesome,
vicious suffering that he inflicted on his two victims—and the
lifetime of suffering he has caused their family.” Wood was
sentenced to death in 1991 for shooting and killing his estranged
girlfriend and her father in 1989.
Brewer’s response to Wood’s death was predictable yet telling.
Besides misrepresenting some eyewitness accounts, Brewer’s comments
reveal her ignorance of the role of the state in carrying out
capital punishment.
Yes, it’s true that Wood’s victims suffered. And yes, the
families of the victims have suffered as well, probably much more
than Wood did last night. But there are limits to the type of
punishment the state can impose on prisoners in America—the
punishment they receive for their crimes isn’t supposed to
match the level of pain and suffering they impose on their victims
or victims’ families. Vengeance isn’t the job of the state. To
argue otherwise signals a fundamental misunderstanding of the
restraints purposely put on the government to protect its citizens
from abuse and tyranny.
Wood certainly won’t be the last inmate to have his execution
botched. As long as states continue to experiment on inmates with
secret lethal injection drugs from presumably dubious sources
without providing an ounce of transparency into the process, these
grisly results are going to continue to repeat themselves again and
again.