Miller School of Medicine researchers Teresa
A. Zimmers, Ph.D., and Leonidas Koniaris, M.D., don’t seem like people who
would publicly sound off on either side of the death penalty
debate. They are much more comfortable in their lab than anywhere
near the United States Supreme Court. But because of
their scientific research on the effects of the drug cocktail
used in lethal injections, they could help influence a decision
in the country’s highest court about one of the nation’s
most controversial subjects. In September the Supreme
Court justices decided they will hear a Kentucky case in which
a death row inmate is challenging the constitutionality of being
put to death by lethal injection, a process many lawyers argue
is a form of cruel and unusual punishment—in violation
of the Eighth Amendment—because some inmates have been
conscious while being put to death. Though this case
could have lasting effects nationally depending on what the justices
decide, it would not be the first time the high court has considered
the UM research. Last year, in oral arguments in Hill v. McDonough,
three of the justices quizzed Florida lawyers on flaws in the
state’s protocol based upon research published in the
journal The Lancet by Zimmers, Koniaris, and colleagues. The
unanimous
decision in that case enabled the current wave of litigation,
including the first-ever consideration of whether lethal injection
presents an unnecessary risk of pain and suffering. The
initial and latest research conclude that some convicted murderers
likely suffered unnecessarily because the procedure and drug
mix used in Florida and 36 other states are flawed.
Americans have a conflicted view of the
death penalty,” says
Zimmers, research assistant professor of surgery at the Miller
School and lead author of “Lethal Injection for Execution:
Chemical Asphyxiation?” that appeared in the April issue
of PLoS Medicine.
“Many who profess to believe in capital punishment,” she adds, “don’t
want it to look too unpleasant and want to be reasonably assured that the person
isn’t suffering egregiously.”
Through groundbreaking research, Zimmers, her husband Koniaris,
and colleagues concluded that lethal injections, the most common
form of government-sanctioned
death for those condemned in the United States, were plagued by poor training
of corrections employees and slipshod regulations that, in some states, came
with no written rules, not even for dosage.
And worse, the three-drug protocol—used since 1977 and credited to Jay
Chapman, Oklahoma’s then chief medical examiner—was flawed to a
point where inmates could awaken during execution, experience pain, and likely
die
from asphyxiation.
“We think we have made the most compelling argument out there, and it’s
based on solid scientific evidence which has been rigorously reviewed,” says
Koniaris, an associate professor of surgery at Miller and the senior author of
the PLoS article. “This is the best evidence showing there is a problem
with the protocol design.”
The researchers suggested that the common protocol, the ultra-short
acting barbiturate thiopental, the neuromuscular blocker pancuronium
bromide, and the electrolyte
potassium chloride, were intended to be lethal on their own and as a combination
bring on anesthesia, then death from respiratory and cardiac arrest.
“Many people are familiar with their pets being put to sleep, and they
think it’s the same thing,” says study co-author Jonathan Sheldon,
a Virginia lawyer who specializes in legal defense of the condemned. “It
ought to be simple, but the process seems unnecessarily complex and secretive.”
In addition to Koniaris, Zimmers, and Sheldon, the research
team included three others from Miller: David A. Lubarsky,
M.D.; Richard S. Weisman, Pharm.D.; and
Linda Waterman, D.V.M. Francisco Lopez-Munoz, M.D., Ph.D., from the University
of Alcala, Madrid, also contributed.
It is unclear which studies lawyers arguing
the Kentucky case will use in the Supreme Court, but it is
almost certain
the University of Miami-led work will
play a part. In a separate case in September, Lubarsky, professor and chairman
of the Miller School’s Department of Anesthesiology, testified in a Tennessee
death row case and chastised state officials for retaining the flawed lethal
injection procedure though it had been causing problems in a number of states.
The judge in that case ruled lethal injection cruel and unusual, halting executions
in the state.
In Florida, where lethal injections have been under heavy
scrutiny for the past year, the state Supreme Court is also
considering the Kentucky case in the appeal
of Mark Dean Schwab, the next inmate scheduled to die by the state.
The UM-led research made worldwide headlines but it had simple
roots. Sheldon, a former Peace Corps volunteer, had been hearing
about lethal injections where
inmates woke up from the lethal injection anesthesia to experience pain. The
legal challenges resulting from problematic executions then were based upon
scant scientific data. Sheldon, who had known Koniaris since
elementary school, sought
out the scientist. Koniaris assembled the UM team, and in 2005 the group authored
the initial article in The Lancet that raised troubling questions about the
largely secretive lethal injection process. As such, the research
often included an uphill
battle for records.
“Interestingly, the states that do the most executions, Texas and Virginia,
are
the ones that were least forthcoming with information,” says Zimmers. “There
is a sense that there is a concerted attempt to hide what’s going on.”
The researchers reviewed cases from North Carolina and California,
the two states that release information on executions. They
also analyzed data from clinical,
lab, and veterinary animal studies.
“When we started this research my only goal was to provide hard evidence
about the reality of what is done. I had no strong ideological commitment for
or against
lethal injections,” says Lubarsky. “I hoped that publication
of what we found would stimulate our society to take a fresh look at exactly
how
we carry
out corporal punishment.”
Their most recent study was nothing short of eye opening.
It showed that in 43 of 49 lethal injection cases, inmates
may not have had enough thiopental to ensure
they were unconscious.
In PLoS, the researchers wrote: “Given
that neither thiopental nor potassium chloride can be constructed
reliably to be the agent of death in lethal injection,
death in at least some inmates might have been due to respiratory cessation
from the use of pancuronium bromide.”
Additionally, because pancuronium bromide
is effective even when delivered subcutaneously or intramuscularly, “pancuronium
is likely the sole agent of death when IV catheter misplacement
or blowout impairs systemic delivery of the other two
drugs. In such cases death by suffocation would occur in a paralyzed inmate
fully aware of the progressive suffocation and potassium-induced
sensation of burning.”
Nationally, federal judges in many jurisdictions have noted
the research, and it likely has contributed to stays of execution
in states such as California,
Ohio, New Jersey, and Maryland. At one point as many as 14 of the 37 lethal
injection states were taking a second look at the process,
including Florida where a hold
was put on executions last year.
It was the botched death of Angel Diaz
that led to the temporary moratorium in Florida. Diaz, 55,
was convicted of killing a
bar manager during a 1979 holdup.
At the December 13, 2006 execution, the death team incorrectly inserted needles
into the skin of Diaz’s arm, instead of his veins, causing him to take
34 minutes to die, about twice the normal time. There are reports he shuddered
and grimaced in pain for over 20 minutes and required a rare second dose of
chemicals to die.
“I have the vision of this being a Keystone Cop type
of affair in the death chamber where you’ve got people
who basically don’t know what they’re
doing and as a result you end up with IVs not put in correctly and the possibility
of drugs not mixed correctly, not administered correctly,” explains study
contributor Weisman, research associate professor of pediatrics and director
of the Florida Poison Information Center/Miami.
Lethal injections would obviously be more
efficient if done by or in the presence of doctors, but most
seem to agree with
the American Medical Association’s
mandate that participating in any way affronts the oath to “do no harm.”
Zimmers believes that some people find
lethal injections acceptable because they think it is humane “because the practitioners of lethal injections use
drugs and IVs. But the protocol is not based upon any experimental or clinical
data and it actually contradicts veterinary practice. The conventional view of
lethal injection as an invariably painless, peaceful death is simply wrong,” she
says.
In an editorial accompanying the article, PLoS’s editors stated the research “will
further strengthen the constitutional case for the abandonment of execution in
the U.S.” But clearly, from the dozens of harsh e-mails to PLoS, some
supporters of capital punishment believe that for the condemned, pain is inconsequential.
The significant response to the article “is unusual for a scientific journal,” says
Larry Peiperl, M.D., a senior editor at PLoS. “What struck me from the
responses is that people are terribly angry and wanting revenge. From the terrible
crimes committed I can see where they are coming from, but as a society we
should consider if revenge is the right motive for state-sponsored killing.”
Says study co-author Weisman: “The issue is not the severity of the crime
or if you believe in the death penalty. Prisoners sentenced to death should have
a right to be executed humanely. The same people who are ignoring the possibility
that lethal injections may be extremely painful, would be appalled if you put
people to death by throwing them out of a building or setting them on fire. They’d
cry how inhumane that was. I fear lethal injections may be just as inhumane.” |