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Letter to the editor

High court hears execution debate today

By CHRIS TISCH, Times Staff Writer
Published January 7, 2008

ADVERTISEMENT [AP photo] Florida's lethal injection gurney is shown in the death chamber at Florida State Prison. Of the 36 states that impose the death penalty, 35 use lethal injection, including Florida.

The U.S. Supreme Court is scheduled to hear arguments today about the legality of the lethal injection method used by most states, including Florida. States nationwide have put executions on hold while they await a decision on this case, which will provide the high court the first opportunity in more than a century to address the legality of an execution method. A decision, which is expected in the next few months, could affect how inmates are executed nationwide.

Why is the U.S. Supreme Court hearing this issue now?

A challenge to the lethal injection protocol used by most states has been pursued by lawyers for two Kentucky death row inmates. The lawyers argue that a three-drug cocktail used to execute prisoners can cause unnecessary pain and suffering, which the eighth amendment of the U.S. Constitution forbids. The Kentucky case allows the high court the opportunity to weigh in about the lethal injection protocol, which has endured much criticism over the last year.

Who are the Kentucky inmates and what did they do?

They are Ralph Baze and Thomas Clyde Bowling Jr. Baze was condemned for the 1992 shooting deaths of Powell County Sheriff Steve Bennett and Deputy Arthur Briscoe. Baze shot them while they were trying to serve him with warrants. Bowling was sentenced to death for killing Edward and Tina Earley and shooting their 2-year-old son in 1990.

What's the problem with the lethal injection method used now?

The three-drug cocktail has been criticized for being out-of-date, complicated and potentially painful to inmates. The first drug is a sedative that is designed to render an inmate unconscious, but it can be less effective if administered improperly. The second drug causes paralysis, which is intended to keep the inmate's body from bucking involuntarily as he or she dies. The third drug stops the heart, but can cause excruciating pain if the first drug didn't work. Critics say there's no way to tell if the inmate received an appropriate dose of the first drug to dull the pain because of the paralysis caused by the second drug.

What impact will this decision have on Florida's death penalty?

The high court's decision will affect Florida, which uses the three-drug protocol at debate. In fact, a botched Florida execution contributed to the current criticism. In December 2006, death row inmate Angel Diaz took 34 minutes to die, more than twice as long as usual. Witnesses reported seeing him grimace and wince. An autopsy and investigation showed that the execution staff accidentally pierced needles in and out of Diaz's veins, which caused the chemicals to spray into his flesh. Then-Gov. Jeb Bush appointed a commission to study lethal injection procedures. The commission recommended a number of procedural changes designed to decrease the chances of that happening again. But Florida may have to redesign its protocols again based on the high court's ruling.

Has anyone in Florida been executed since Diaz?

No. In July, Gov. Charlie Crist signed a death warrant for Mark Dean Schwab, convicted of kidnapping, raping and killing an 11-year-old Cocoa boy in 1991. The U.S. Supreme Court stayed his execution in November while the Kentucky case is pending.

Could this be the end of the death penalty?

Not likely. Even if the high court raises concerns about the current method, states can adopt another protocol. Experts say there are other methods that could pose fewer problems, including using a single drug.

Didn't another state just eliminate the death penalty?

Yes. New Jersey tossed out its death penalty in December after it was criticized for, among other things, cost. Studies have shown that executions cost millions of dollars more than keeping someone in prison for the rest of their life without the chance for parole. A 2000 study by the Palm Beach Post determined Florida could save $51-million per year without the death penalty and that the cost of each execution is $24-million. Currently, 388 people sit on Florida's death row. The state averages about two executions per year.

How many states have the death penalty now?

There are 36 states with the death penalty, 35 of which use lethal injection. Nebraska still uses only the electric chair, though that state hasn't executed anyone in 10 years.

Information from Times wires was used in this report.

[Last modified January 6, 2008, 22:05:53]