Posted on Wed, Dec. 06, 2006

Doctor not necessary at executions, state says

By TONY RIZZO

The Kansas City Star

Missouri can execute prisoners constitutionally even without a doctor to oversee the lethal injection process, state officials argued in documents filed late Monday with a federal appeals court.

The state is appealing a federal judge’s order that halted the execution of Michael A. Taylor, who came within hours of being put to death earlier this year for the 1989 killing of Kansas City teenager Ann Harrison. No other Missouri executions have been scheduled this year as a result.

Taylor’s attorneys have until early January to respond in writing to the state’s filing with the St. Louis-based 8th U.S. Circuit Court of Appeals. Oral arguments are set for Jan. 10.

Taylor’s lawyers have seized on the argument that the three-drug cocktail used in Missouri and most other states with capital punishment may constitute cruel and unusual punishment if not administered properly.

If the initial anesthetic does not work as it is supposed to, the second and third drugs, which paralyze the inmate and stop his heartbeat, can cause excruciating pain, they allege. Because of the paralysis, onlookers would be unable to tell that the inmate is suffering.

To ensure proper use of the anesthetic, U.S. District Judge Fernando Gaitan Jr. ordered Missouri to have a doctor trained in the administration of anesthesia to oversee and monitor the procedure.

But Missouri has been unable to find a doctor willing to disregard professional ethical constraints against physician participation in executions. The state argued in Monday’s filing that its written protocol, along with the participation of a nurse, pharmacist or emergency medical technician to prepare, administer and monitor the lethal drugs, is an effective alternative.

It would ensure that the inmate is “completely unconscious” before the lethal drugs are administered and make the use of a doctor to assess the depth of unconsciousness a “needless redundancy,” the state’s lawyers contend.

“Missouri officials whose duty is to carry out executions are quite concerned that they carry out this duty as humanely as possible,” they maintain.

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To reach Tony Rizzo, call (816) 234-4435 or send e-mail to trizzo@kcstar.com. To reach Tony Rizzo, call (816) 234-4435 or send e-mail to trizzo@kcstar.com.