Baze v. Rees
Q & A
11. Isn’t it true that the protocols prescribe enough thiopental so that the inmate will be unconscious and will not feel pain when the second two drugs are administered?
While different jurisdictions specify different dosages of thiopental, there is no medical dispute that – if a sufficient dose is properly administered – the doses used will put the inmate into a deep, protracted anesthetic state. The problem is that lethal injection executions are routinely carried out by personnel who are not properly trained to administer and monitor the thiopental and are doing so under conditions that make proper administration highly problematic, if not impossible. For example, personnel are not adequately trained to make up the dosages of thiopental, are not qualified to start the IV lines, typically administer the drugs from another room, do not understand the effects of the drugs, and are not trained to monitor anesthetic depth. As a result, they are unable to ensure that the inmate receives the full intended dose of thiopental and reaches a deep anesthetic state prior to the administration of the drugs that cause pain and suffering. When the anesthetic drug fails to work as it is intended to -- because, for example, of problems in mixing and preparing the drug or because there are IV access issues or leakage in the IV line -- then delivery of the second and third drug cause excruciating pain and suffering. When these problems occur in administering or monitoring the anesthesia and the inmate is given the second drug, he is left completely paralyzed and unable to communicate. So the fact that he is being suffocated is masked and not visible to observers. The same is true when he receives the third drug and is experiencing searing pain as his heart is stopped; observers of the execution will not be able to detect this.
For a detailed discussion of the lack of trained personnel and inadequate facilities, see Amicus Brief for Michael Morales, Michael Taylor, et al., at 9-17 and 22-28.
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