“PERVASIVE LACK OF PROFESSIONALISM”

A REVIEW OF PUBLIC, UNDISPUTED FACTS
FROM MULTIPLE JURISDICTIONS REVEALS A
“PERVASIVE LACK OF PROFESSIONALISM” IN
THE DEVELOPMENT OF PROTOCOLS AND THE
SELECTION, TRAINING, AND OVERSIGHT OF
EXECUTION TEAM MEMBERS.

Despite the complexity and high risk nature of
the three-drug formula that jurisdictions have cho-
sen, it is possible to administer the formula in a
manner that all but guarantees the adequate anes-
thetization of the inmate. Unfortunately, the selec-
tion, training and oversight of execution team mem-
bers in many jurisdictions has fallen woefully short
of the standard necessary to ensure that the inherent
risks in the three-drug protocol remain theoretical.
The federal judge presiding over amicus Morales’
challenge to the administration of California’s proto-
col referred to the development and oversight of the
lethal injection process in that state as the product of
a “pervasive lack of professionalism.” Morales, 465
F. Supp. 2d at 980. The extensive lack of profession-
alism is evident in many jurisdictions, and raises se-
rious doubts as to whether the three-drug formula is
working as it should.

8 See, e.g., Dep. Tr. of Protected Person 5 at 52, Roane v.
Gonzales, No. 05-2337 (D.D.C. July 25, 2007); Dep. Tr. of Pro-
tected Person 6 at 127-28, Roane v. Gonzales, No. 05-2337
(D.D.C. July 24, 2007); Dep. Tr. of Protected Person 8 at 27,
Roane v. Gonzales, No. 05-2337 (D.D.C. July 25, 2007).

9 Am. Joint Pre-Hr’g Conf. Statement at 55, Morales v.
Tilton, No. C06-0219, C06-926 (N.D. Cal. Nov. 27, 2006) [here-
inafter “Morales Undisputed Facts”]. A Licensed Vocational
Nurse who has set catheters in seven of the last nine California
executions testified that he had never read the protocol. Id. at
19. Witness # 9, a team leader, also never read the protocol.
Id. at 44.