Execution went wrong; fix more than method

Execution went wrong; fix more than method

Palm Beach Post Editorial

Wednesday, December 20, 2006

Angel Diaz argued that the state of Florida couldn't kill him without forcing him to suffer. He lost in court, but the state may have proved his case, not that Diaz is around to celebrate.

Two days after the Department of Corrections cleared itself in last Wednesday's botched, 34-minute execution of Diaz, the Alachua County medical examiner issued a second, unbiased opinion: Those who administered the drugs stuck needles through Diaz's veins and into his soft tissue. Diaz had to get a second dose of drugs and was still conscious after 24 minutes. Normally, the condemned man loses consciousness in three to four minutes. After hearing from Dr. William Hamilton, Gov. Bush suspended all executions and announced the formation of an 11-member committee, which will study Florida's protocol for lethal injection and report to the Legislature in March.

His agency first blamed the problem on Diaz having a liver disease, and DOC Secretary James McDonough continued the state's surreal commentary by denying that Diaz was in pain. "There was no moaning, no groaning," said Mr. McDonough. "All the indications were a man at rest." Dr. Hamilton wants to complete the autopsy before he speaks to the issue of whether Diaz suffered. If he concludes that Diaz did, Florida will have to revise its method of execution. The Constitution bans cruel and unusual punishment, even for murderers.

Gov.-elect Charlie Crist and the Legislature should assume that change is coming. In 1997, the state botched the electrocution of Pedro Medina. After a similar review, it became clear that the electric chair wasn't ... dependable. So in January 2000, the state added lethal injection, which clearly has its own problems. Also on Friday, a federal judge in California called that state's lethal injection protocol "broken" but possibly salvageable through better training and preparation.

Obviously, one answer could be to have doctors carry out executions. In Florida, they are on hand only for emergencies, not to participate. Two doctors in California refused to get involved. The better answer for Florida would be to do away with capital punishment, which is losing favor across the country. The Death Penalty Information Center reports on a new Gallup poll showing that a majority of Americans favor life without possibility of parole, which Florida added in 1994, over execution. The number of executions this year is down by nearly half since 1999. That year, almost 300 people nationwide were sentenced to death. This year, it will be about 115.

What happened with Angel Diaz will change capital punishment in Florida. Changing the method alone would not go far enough.