EXECUTION ISSUES AND PROTOCOLS
Arizona Department of Corrections
Charles L. Ryan, Director
September 13, 2014
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RECENT LITIGATION - FIRST AMENDMENT
• Wood v. Ryan-CV-14-1447-NVW. Wood raised First Amendment
challenge to ADC’s refusal to identify source of execution chemicals,
lot #s, drug codes, and other identifying information.
– Federal District Court for District of Arizona rejected the First Amendment
challenge, stating: “The holding in First Amendment Coalition does not extend a
First Amendment right to information identifying the drug manufacturer in this
case . . . . The same analysis applies to the other categories of information Wood
seeks.”
– Ninth Circuit Court of Appeals, relying on First Amendment Coalition case,
reversed District Court and issued a conditional preliminary injunction, staying
the execution until such time as the ADC provided Wood with the information
relating to the source of the chemicals. Wood v. Ryan-14-16310.
– Following the State’s petition for writ of certiorari, the United States Supreme
Court vacated the 9th Circuit’s preliminary injunction and lifted the staytelegraphing its agreement with the Federal District Court’s conclusion that the
First Amendment has no application to the type of information the inmate sought.
Inmate Wood was executed on July 23, 2014.
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HISTORIC LITIGATION - FIRST AMENDMENT
• First Amendment challenges dormant for 10 yrs. after 9th Circuit
decision in California First Amendment Coalition v. Woodford,
299 F.3d 868 (9th Cir. 2002), which held witnesses have a right
to view execution from the time the inmate enters the execution
chamber to the time death is pronounced.
• Historically, claims relating to limits on viewing execution
process related to transparency under the 8th Amendment.
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ARIZONA’S RESPONSE
•
Prior to oral argument and 9th Circuit’s Decision on AP challenge to Idaho’s
restricted viewing, AZ voluntarily amended its procedures allowing
witnesses to view IV assessment and insertion by closed circuit television
monitors.
Excerpt from June 5, 2012 Letter to Lopez:
“As a final matter, I want to inform you that closedcircuit monitors in the designated witness room will
allow witnesses to observe the IV team’s assessment of
the IV sites and the insertion of the primary and the
secondary IV catheters. A microphone will also be
turned on during this process. After the IV catheters
have been inserted, the microphone will be turned off.
When the execution is ordered to proceed, the
microphone will be turned on, the curtain will be
opened, and the closed-circuit monitors will be turned
off. The Warden will read the Warrant of Execution and
you will have an opportunity to make a final statement
before the execution is completed.”
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EXECUTION CHAMBER
•Ceiling mounted camera
•Microphone
•Speaker
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HU-9 WITNESS ROOM
6
ADC EXECUTION SIMULATION
• Witnesses moved
to witness room
• Microphone off
• Monitors off
• Escort Team
secures inmate
7
CLOSED CIRCUIT MONITORS
• Inmate secured:
•
•
•
•
Witnesses staged
Monitors on
Microphone on
Curtain remains
closed
Simulated exercise. No inmates participated.
8
VEIN ASSESSMENT & IV PLACEMENT
• Monitors on
• Microphone on
• Curtain remains closed
Simulated exercise. No inmates participated.
9
EXECUTION READY TO COMMENCE
Upon completion
of IV procedure:
Before 10 A.M.
• Monitors on
• Microphone off
• Curtain closed
10 A.M. or later
• Monitors off
• Curtain open
• Microphone on
Simulated exercise. No inmates participated.
10
EXECUTION COMMENCES
• Curtain opens
• Monitors off
• Microphone on
• Warrant read by the Warden
• Last words
• Microphone off
• Process begins
Simulated exercise. No inmates participated.
11
CONSCIOUSNESS CHECK
Simulated exercise. No inmates participated.
12
EXECUTION COMPLETE
• Microphone on
• Director announces completion
time
• Microphone off
• Curtain closed
Simulated exercise. No inmates participated.
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2012 PROTOCOL CHANGES
IV TEAM
Department Order 710, Section 710.02:
1.2.5.1 The IV Team will consist of any two or more of the following: physician(s),
physician assistant(s), nurse(s), emergency medical technician(s) (EMT’s),
paramedic(s), military corpsman or other certified or licensed personnel including
those trained in the United States Military. All team members shall be currently
certified or licensed within the United States to place IV lines.
1.2.5.4 The IV Team shall be responsible for inserting either peripheral IV
catheters or a central femoral line as determined by the Director acting upon the
recommendation of the IV Team Leader. The IV Team shall ensure all lines are
functioning properly throughout the procedure, supervise the Special Operations
team in the mixing of the chemicals, preparing the syringes, and monitoring the
inmate (including the level of consciousness and establishing the time of death).
The IV Team shall supervise the administration of the chemicals. A central
femoral venous line will not be used unless the person placing the line is
currently certified or licensed within the United States to place a central
femoral line.
(Complete Text of Arizona Department of Corrections Department Order 710, Execution
Procedures is available on ADC public website: www.azcorrections.gov.)
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ADDITIONAL 2012 PROTOCOL CHANGES
In addition to the witness viewing procedures, ADC made
other protocol changes in September, 2012 to include:
• Elimination of three-drug protocol
• Notification to inmate of drug protocol to be
administered
• Visitation with Attorneys of Record allowed up to one
hour prior to scheduled execution
• Last words-reasonable in length and free from
offensive statements directed at the witnesses
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2014
PROTOCOL
CHANGES
Status
Conference
July
3, 2012
Protocol changes effective March 26, 2014:
• Addition of language expanding one-drug protocol to allow for
compounded pentobarbital in event the drug is commercially
unavailable
• Verification of licensing and/or certification checks of compound
pharmacy or pharmacist to be conducted
• Qualitative analysis of compounded pentobarbital to be
conducted no more than 30 days prior to scheduled execution
• Added Two-Drug Protocol using 50 mg. Midazolam and 50 mg.
Hydromorphone. Protocol used in Wood execution.
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