January 3, 2007
Lawsuit seeks to block lethal injections
Inmate's attorneys say state's execution process has a risk of being unnecessarily painful
jon.murray@indystar.comA lawsuit seeking to delay an Indiana inmate's execution has been filed in Indianapolis after four other states stopped lethal injections in the past year.
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Attorneys for Norman Timberlake argue the chemicals and process used by Indiana create a risk he won't be fully sedated during his Jan. 19 execution, causing unnecessary pain.
A nearly identical motion failed on the eve of the state's last execution in January 2006. But attorney Brent Westerfeld said national developments gave him hope -- particularly a moratorium issued last month by Florida Gov. Jeb Bush after one inmate took 34 minutes to die.
"That's kind of what's part of the driving force here," Westerfeld said Tuesday. "All the states are basically using the same sort of (lethal injection) regime."
He filed the lawsuit Friday in U.S. District Court in Indianapolis, two days after drafting another suit challenging the execution on the grounds Timberlake is insane.
Judge Richard L. Young has not ruled in either case.
Timberlake, 59, killed Indiana State Police Master Trooper Michael E. Greene in 1993 during a traffic stop in Indianapolis.
The more recent suit says Indiana law should protect inmates by requiring a high dose of anesthetic to mask the intense pain caused when two other chemicals are injected into the bloodstream. Department of Correction officials select chemicals and dosages, and Westerfeld says he's concerned they don't consider an individual's weight or medical history.
"To have Timberlake conscious and feeling asphyxia, a severe burning sensation, massive muscle cramping and finally cardiac arrest is cruel and unusual punishment," the suit says.
The suit names J. David Donahue, commissioner of the Indiana Department of Correction, and Ed Buss, superintendent of the Indiana State Prison in Michigan City. Donahue was not available Tuesday, and Buss declined to comment.
Staci Schneider, spokeswoman for the Indiana attorney general, said state lawyers still were consulting with Donahue's department.
In Florida, Bush appointed a commission to probe the state's procedures. According to news reports, the inmate was conscious during the prolonged execution, and the chemicals had to be injected a second time.
By comparison, Indiana's last executed inmate, Marvin Bieghler, died five minutes after a series of five injections began. Westerfeld also represented him.
Three other states using the lethal injection method have stopped executions.
A federal judge ordered a halt in California last month until the state revamps its rules to guard against excessive pain. Also last month, Maryland's highest court ruled lethal injection procedures had been adopted improperly.
In Missouri, the state has responded to a federal judge's ruling by proposing new lethal injection procedures and standards in writing, instead of leaving them to prison officials.
Westerfeld said those concerns resonate in Indiana.
"There's nothing in the procedures to test whether the anesthesia has worked," he said, and injections are given by employees lacking medical training.
Call Star reporter Jon Murray at (317) 444-2752.
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