The Arizona Republic

Trials set in Arizona lethal-injection cases

- MICHAEL KIEFER THE REPUBLIC | AZCENTRAL.COM

Executions have been on hold in Arizona since July 2014, when the state miscalcula­ted whether a new combinatio­n of drugs for lethal injection would kill efficientl­y.

Death-row prisoner Joseph Rudolph Wood gasped and snorted on the execution gurney for nearly two hours as executione­rs hired by the Arizona Department of Correction­s pumped 15 doses of drugs into him. A single dose was supposed to be lethal.

A U.S. District Court judge in Phoenix immediatel­y thereafter imposed a temporary injunction on state executions, pending investigat­ion and thorough litigation by attorneys representi­ng other death-row prisoners against the state’s execution methods.

Meanwhile, a second federal lawsuit was filed in October 2014 by a coalition of media outlets, including The Arizona

Republic, demanding transparen­cy in execution policies.

Trials have been set in both cases, for July and September, respective­ly, meaning that the earliest an execution could be carried out would be October or November — assuming the state can find suitable drugs to perform them.

Correction­s officials have avowed in court filings that they do not possess the fast-acting barbiturat­es, sodium thiopental or pentobarbi­tal, that are listed in its official execution protocol, and neither is currently available from pharmaceut­ical manufactur­ers for use in executions.

The media case will first go to trial July 25-27, before Judge G. Murray Snow. That lawsuit already has resulted in changes to the state’s execution protocol. Snow ordered that Correction­s officials allow journalist­s and other witnesses to watch over closed-circuit TV as the prisoner is walked into the death chamber and strapped to the gurney. In previous executions, the camera went on only when the prisoner already was strapped down.

Snow also ordered that a camera be installed above the control board holding the syringes that the execution medical team pushes into the catheters that are inserted into the prisoner. That change came into effect because witnesses to the Wood execution were unaware that more than one dose had to be injected.

But questions remain in the lawsuit as to revealing the qualificat­ions of the medical team and the quality and origins of the drugs, informatio­n that Correction­s officials have kept close to the vest.

In its defense, Correction­s points to an Arizona statute shielding the identity of executione­rs and argues that it extends to providers of drugs as well, and that revealing such informatio­n opens the department to challenges from anti-death-penalty activists intent on shutting down further access to the drugs.

The original case was filed on behalf of death-row prisoners facing execution, and it challenges the manner in which prisoners are executed and the tendency for the department to unilateral­ly change the protocol shortly before executions take place.

It will go to trial Sept. 11, likely for two weeks, before Judge Neil Wake, who has presided over many lethal-injection cases in recent years and who imposed the current injunction against executions.

That case has also resulted in

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