Appeals court takes look at execution suit

Appeals court takes look at execution suit

Published Thursday, January 11, 2007

ST. LOUIS (AP) - A U.S. appellate court panel yesterday questioned whether a federal judge intruded too far into state affairs in requiring certain reforms to Missouri’s lethal injection procedures.

The court said the judge’s requiring the Department of Corrections to sign death logs on executed prisoners might be construed as "micromanaging."

But the attorney for condemned killer Michael Taylor - who came within hours of being executed in February - said the state can’t be trusted to carry out executions humanely without federal oversight.

Relying on a dyslexic doctor to oversee the administering of dangerous chemicals to a condemned prisoner is a "set-up for disaster," said Taylor’s attorney, Ginger Anders.

U.S. District Judge Fernando Gaitan Jr. ordered specific reforms to Missouri’s lethal injection procedures, including the use of a doctor specializing in anesthesia.

Documents filed with the appeals court this week suggest the state hasn’t ruled out using "Dr. Doe," identified as surgeon Alan Doerhoff of Jefferson City, for future executions.

He testified last year that he’d overseen Missouri’s executions for years and on occasion altered the amount of anesthetic given to inmates.

The Taylor case effectively has halted Missouri executions by lethal injection for the last year.