Executed man in pain - lawyer
2007-01-30 07:24
Tampa, Florida - A convicted killer whose execution was botched last year was never in any pain, and appeared to be straining to see a clock, not grimacing as some witnesses claimed, the warden told a panel reviewing Florida's lethal injection procedures on Monday.
But the condemned man's lawyer said his client was clearly suffering from the incorrectly injected chemicals, and he mocked the notion that the inmate was looking at a clock.
"What, was he late for an appointment? Come on, that's ridiculous," said Angel Nieves Diaz's attorney, Neal Dupree, who also witnessed the execution and testified. "I certainly thought he knew something was wrong."
Questions about whether lethal injection is inhumane have put executions on hold in nine US states - Arkansas, California, Delaware, Florida, Maryland, Missouri, New Jersey, Ohio and South Dakota.
Diaz's death took 34 minutes - twice as long as usual - and required a rare second dose of lethal chemicals because the needles were incorrectly inserted, a medical examiner reported. An autopsy found chemical burns in both his arms.
Death penalty opponents point to Diaz's execution to support their claims that Florida's lethal injection procedure violates the US constitution's prohibition on cruel and unusual punishment. Condemned inmates have also pursued that issue in court, but to no avail.
Gasping and clutching
Dupree told the commission his client was clearly in pain.
"He almost appeared to be a fish out of water," Dupree said. "He was gasping. And that went on for a period of about 10 to 12 minutes. You could see body movement. You could see clutching and unclutching."
Several people on the prison's execution team have said Diaz said "What's happening?" twice during the process.
But Diaz appeared to be straining to see a clock, not grimacing, Florida state prison warden Randall Bryant told the commission.
"He had the opportunity to be able to scream, cry, yell and that sort of thing and that did not happen," said Bryant, who stood about 0.6 metres away during the December 13 execution.
Officials testified on Monday the prison medical team was satisfied with the insertion of the needles.
Commission members asked to hear from the executioners and medical team, whose identities are closely guarded by the Florida department of corrections. American Medical Association guidelines bar doctors from taking part, directly or indirectly, in executions.
- AP