Oklahoma governor wants new recommendations implemented before executions resume

Tim Talley / The Associated Press
September 5, 2014 04:58 AM

FILE - This June 29, 2011 file photo provided by the Oklahoma Department of Corrections shows inmate Clayton Lockett. The intravenous line inserted into the groin of Lockett, who writhed and groaned before dying 43 minutes after his execution began, was not properly monitored, causing a swelling the size of a golf ball, according to a state review released Thursday, Sept. 4, 2014. New procedures to improve Oklahoma’s execution process must be implemented before the state resumes putting prisoners to death by lethal injection, Gov. Mary Fallin said after investigators presented their findings. The report’s 11 recommendations include more training for medical personnel and having additional supplies of lethal drugs and equipment on hand. (AP Photo/Oklahoma Department of Corrections, File)

OKLAHOMA CITY - New procedures to improve Oklahoma's execution process must be implemented before the state resumes putting prisoners to death by lethal injection, the governor said after investigators presented their findings about an April case in which the inmate writhed and moaned on the gurney.

In its report released Thursday about the troubled April 29 execution of Clayton Lockett — who was declared dead 43 minutes after his execution began — the state Department of Public Safety made 11 recommendations include more training for medical personnel and having additional supplies of lethal drugs and equipment on hand.

Corrections Director Robert Patton is reviewing the guidelines, Fallin said, adding that she expects the department to implement them before executions resume. Three executions have been set for November and December, the first on Nov. 13.

Gov. Mary Fallin said she still believes the death penalty is a just punishment for those guilty of the most heinous crimes, but that the state must make sure it's carried out effectively.

Fallin said the report verified what authorities had believed: "There were significant complications establishing an IV line in Clayton Lockett."

The report blamed Lockett's flawed lethal injection on poor placement of intravenous lines. The medical team could not find suitable veins in Lockett's arms, legs, neck and feet, leading them to insert it in his groin, the report said.

Out of modesty, no one monitored the intravenous line, a job that is the normal duty of Oklahoma State Penitentiary Warden Anita Trammel, who decided to cover Lockett's body — and the IV — with a sheet. When it became apparent the execution wasn't progressing normally, the execution team pulled back the sheet and noticed a swelling larger than a golf ball near the injection site.

Oklahoma also used the sedative midazolam for the first time in Lockett's execution, but Thompson said all three drugs — midazolam, vercuronium bromide and potassium chloride — worked as planned.

Midazolam was also used in lengthy attempts to execute an Ohio inmate in January and an Arizona prisoner last month. Each time, witnesses said the inmates appeared to gasp after their executions began and laboured for air before being pronounced dead.

Thompson said no single person was to blame for the problems in the execution and no charges are being considered, leading critics to charge that the report does not address accountability.

"It protects the chain of command," said Assistant Federal Public Defender Dale Baich, an attorney who represents 21 death row inmates who have sued the state Department of Corrections to block their executions.

Patton, who had halted the execution, had said Lockett died of a heart attack, but autopsy results released last week said he died from the drugs.

Lockett had been convicted of shooting Stephanie Nieman, 19, with a sawed-off shotgun and watching as two accomplices buried her alive in 1999.


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