It is undeniable that the DOC knew of these options and deliberately chose to reject them in favor of a procedure that uses no input from medical scie

In North Carolina, a U.S. a district court refused to permit an execution until the state implemented measures to ensure that an inmate would remain unconscious both prior to and during the injection of the paralytic and potassium chloride.

The state proposed instead that a bispectral index monitor (BIS monitor) be used instead, and the district court accepted this compromise. Brown v. Beck, Slip Copy, 2006 WL 3914717 (E.D.N.C., April 07, 2006). The U.S. Fourth Circuit affirmed this remedy in Brown v. Beck, 445 F.3d 752, 753 (4th Cir. 2006).

A dissenting judge would have found that the use of a BIS monitor alone an insufficient for the employment of qualified personnel.

Given the timing and public nature of these decisions, it is undeniable that the DOC knew of these options and deliberately chose to reject them in favor of a procedure that uses no input from medical science at all.