Today's Oklahoman publishes the editorial, "Oklahoma needs clear execution protocols to keep public's trust."
Yet the general sentiment among Oklahomans was that botched or not, Lockett got what he deserved; any suffering he may have experienced paled in comparison with his victim — a 19-year-old woman who was beaten, shot twice and then, at Lockett’s behest, buried alive.
But those who favor the death penalty should also want the execution procedure to be beyond reproach. It’s not at all clear that this is the case in Oklahoma, as shown in recent reporting by the Tulsa World.
The World reviewed execution protocols in the 20 states, including Oklahoma, that have carried out an execution since 2008. The newspaper found that Oklahoma’s policies leave much to be desired in comparison.
"21 death-row inmates challenge state execution protocols," is the Tulsa World report by Curtis Killman.
Claiming the state is experimenting on “captive and unwilling human subjects,” 21 Oklahoma death-row prisoners filed a lawsuit Wednesday in Oklahoma City federal court challenging the state’s execution protocols.
The prisoners, 20 men and one woman, ask the court to prohibit the state from executing them using the same “drugs and procedures employed in the attempt to execute” Clayton Lockett, who died following a botched execution attempt April 29.
There are 49 inmates on Oklahoma’s death row.
Citing Lockett’s death throughout the complaint, the lawsuit names Department of Corrections Director Robert Patton, individual members of the Board of Corrections, Oklahoma State Penitentiary Warden Anita Trammell and other unnamed individuals associated with the execution process.
The Oklahoman reports, "21 Oklahoma death row inmates sue state over execution protocol," by Graham Lee Brewer.
According to the lawsuit, executions like Lockett’s have the potential to “produce severe pain, needless suffering, and a lingering death.”
In the filing, the inmates ask the court to affirm their right to not be executed in the same manner as Lockett, who was administered a mixture of midazolam, pancuronium bromide and potassium chloride that had never before been used in the U.S.
They also asked that the state not use any additional drug mixtures listed in state protocol.
Brady Henderson, legal director at the Oklahoma chapter of the American Civil Liberties Union, said the inmates are worried that Lockett’s execution, as well as that of Micheal Lee Wilson on Jan. 9, are evidence the process is painful. Wilson’s last words were, “I feel my whole body burning.”
"Oklahoma Death Row Inmates Sue To Halt Executions," is the expanded AP report filed by Sean Murphy. It's via Huffington Post, and is also available from ABC News.
"By attempting to conduct executions with an ever-changing array of untried drugs of unknown provenance, using untested procedures, the defendants are engaging in a program of biological experimentation on captive and unwilling human subjects," the lawsuit states.
A spokeswoman for Oklahoma Attorney General Scott Pruitt said they were reviewing the filing, but declined further comment. The Department of Corrections does not comment on pending litigation, spokesman Jerry Massie said.
Lockett's execution was the first time Oklahoma used the sedative midazolam as the first in its three-drug combination. The lawsuit contends that drug should not be used because it's possible an inmate would remain aware even after the drug was administered, resulting in severe pain when the next two drugs are injected.
The Los Angeles Times reports, "Oklahoma death row inmates sue over 'unsound' execution practices," by Maya Srikrishnan.
The lawsuit asserts that Oklahoma’s lethal injection practices violate the prisoners’ constitutional rights, including their 8th Amendment protections against cruel and unusual punishment. It also alleges that state officials failed to consult experts in the development of procedures and that the drugs being used are not suitable for executions.
"In the aftermath of Clayton Lockett's horrifically bungled execution at the end of April, there are so many unanswered questions about whether Oklahoma can humanely carry out executions," Megan McCracken of the UC Berkeley School of Law's Death Penalty Clinic told the Los Angeles Times on Wednesday.
Named in the lawsuit are Oklahoma Department of Corrections Director Robert Patton, Oklahoma State Penitentiary Warden Anita Trammell, the seven members of the Oklahoma Board of Corrections who oversee the state prisons, and several unnamed participants who have performed or will perform executions in the state, including a doctor and a paramedic.
Additional coverage includes:
"Botched Execution of Clayton Lockett Spawns New Legal Challenge," by Tracy Connor of NBC News.
"Oklahoma Death Row Inmates Sue to Stop Executions," by Denver Nicks for Time.
You can view the Oklahoma civil lawsuit at the link.
Earlier coverage of the Oklahoma lethal injection challenge begins at the link.
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