Tuesday 19 December 2006

Inhumane penalty

Editorial

Something went terribly wrong with Angel Diaz's execution at Florida State Prison earlier this week, which took 34 minutes - twice as long as usual - and a rare second dose of chemicals to carry out.

Witnesses said there were times when it seemed Diaz was experiencing pain and gasping for breath, and the medical examiner's preliminary findings indicate needles were inserted through his veins and into the flesh in his arms.

Those findings left Gov. Jeb Bush with little choice Friday but to temporarily suspend all executions. There will be more studies and recommendations, but the only permanent answer to the fundamental problems with the death penalty is to abolish it.

Botched executions, regardless of the method, and the death row inmates who were later exonerated of their crimes point to a system that has too many flaws, glitches and close calls.

But this state's political leaders remain blind to the obvious warning signs, and Florida undoubtedly will continue to tinker with a system that should be abandoned.

If nothing else comes out of the Diaz execution, it should lead to an honest reappraisal of the way lethal injection is conducted. The method that replaced the electric chair in Florida has not turned out to be as humane and painless as originally billed.

Bush has taken a good first step by establishing a Commission on Administration of Lethal Injection. The commission will include members from the medical, scientific, law enforcement and legal communities. It will include at least one attorney with experience representing death row inmates, and it will submit a final report by March 1.

The moratorium on executions is expected to last until this investigation is complete.

Incoming Gov. Charlie Crist should keep the moratorium in place until there are clear answers. There is credible medical evidence that the chemicals currently used sometimes lead to a painful death if the anesthesia wears off too soon. The pain would go unnoticed, because one of the drugs paralyzes the subject.

This process is considered so potentially painful that it violates the standards of veterinary medicine. If it could not be used to put a pet down, it certainly should not be used by the state to carry out executions.

Yet Florida has vigorously fought in court to retain the three-drug cocktail.

If Florida resumes executions, it needs to find a more humane system.

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