Tenn Death Row Inmate "Felt Pain"........

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jltrent

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Billy Ray Irick felt searing pain akin to torture before he died in a Tennessee prison in August, but steps taken before his execution blocked signs of suffering, according to a doctor who reviewed information about the lethal injection.

Dr. David Lubarsky's statement is included in a new court filing entered late Thursday amid an ongoing legal challenge of Tennessee’s lethal injection protocol. He wrote that Irick “experienced the feeling of choking, drowning in his own fluids, suffocating, being buried alive, and the burning sensation caused by the injection of the potassium chloride.”

The documents also state Tennessee failed to follow its own protocol during Irick's execution, raising questions about whether executioners ever intended to ensure Irick was unable to feel the pain caused by the second and third lethal injection drugs.
Irick and 32 other death row inmates sued the state this year arguing that Tennessee’s new protocol for lethal injections would subject them to pain so intense it would violate the U.S. Constitution. They questioned the use of midazolam, the first of the three drugs the state administers during executions.
Lubarsky, a Florida doctor, testified for the inmates during a two-week trial in July. He said midazolam, which is supposed to render inmates unconscious and unable to feel pain, doesn’t work as intended. He said midazolam sedates inmates but does not stop them from feeling the effects of the other two drugs, vecuronium bromide and potassium chloride.
Lubarsky said statements from people who witnessed Irick's execution indicated the midazolam failed to ensure Irick could not feel pain during his death.
Lubarsky and other medical experts are the backbone for the inmate's appeal. The case is not about whether the death penalty is constitutional, attorneys for the death row offenders wrote in the 390-word brief. It's about what the deadly drugs do to a body, and whether Tennessee citizens should approve of that likely tortuous outcome.
"This case is about whether it is constitutional to inject a human with a small bottle of acid – which will destroy the lining of their lungs and cause them to drown in blood – and then to inject them with a paralytic that will leave them conscious but expressionless – unable to speak or scream – feeling as if they are buried alive, and finally to stop their heart with an injection that will, in their last minute of life, cause them to chemically burn alive," wrote Kelley Henry and other federal public defenders working on behalf of the death row inmates.
Davidson County Chancery Court Judge Ellen Hobbs Lyle agreed Lubarsky and other experts were well qualified, but she rejected their arguments in ruling against the inmates.
Lyle said whatever pain the inmates felt did not last long enough to count as unconstitutional torture, a stance blasted by U.S. Supreme Court Justice Sonya Sotomayor in an opinion issued hours before Irick's death.
The remaining death row offenders continue to pursue their appeal of Lyle's ruling even though no court stopped Irick's execution.
The Tennessee Department of Correction, represented by the Office of the Tennessee Attorney General, argued it is following the law and using drugs available to carry out the required punishment for death row offenders. Department officials noted during trial that the U.S. Supreme Court previously allowed executions using midazolam to proceed, arguing the usage is now case law.
In the latest filing though, Henry and the other attorneys argue that case law is not settled. They point to new and more expansive medical evidence, presented to Lyle during the trial, that has never been considered by the full Supreme Court.
They also blast the state's arguments in the new filing, writing: "Defendants’ repeated mantra, barely acceptable from a teenager, is that – 'all the other states are doing it, so it must be ok.'"
Department spokeswoman Neysa Taylor declined to comment, citing the ongoing litigation.
Executioners never prepared second dose of midazolam, records show
The protocol for how the state puts an inmate to death is very specific.
It requires the state prepare primary and back-up syringes for each of the drugs used in the lethal injection.
However, documents obtained by the inmates' attorneys show executioners did not prepare a back-up dose of midazolam. The report says executioners only prepared the one dose of midazolam used at 7:28 p.m., essentially the same time Irick's execution began.
The protocol requires the executioner to inject the midazolam into a tube that runs into the condemn's arm. After some time, the warden – who is in the execution chamber – is required to check to see if the condemned is conscious.
If the condemned is not conscious, the state protocol requires injecting a second dose of midazolam.
Riverbend Maximum Security Institute Warden Tony Mays conducted the consciousness check: He brushed Irick's eyelids, yelled his first name twice and appeared to grab his shoulder. If he had determined Irick was conscious though, it's unclear if the state could have or would have prepared another midazolam syringe.
"If Mr. Irick had responded to the consciousness assessment or there had been problems with the IV apparatus, the execution team would not have been prepared to carry out the contingency procedures in the manual," Henry and the attorneys write.
"Defendants’ failure to follow the procedures in the manual indicates that the protocol is meaningless for purposes of Defendants’ carrying out an execution and therefore creates a substantial risk of severe pain and suffering for Plaintiffs," the document says.
Taping Irick's hands hid signs of pain, expert says
Throughout his statement, Lubarsky said witness statements from Irick’s execution supported the inmates’ legal arguments. Lubarsky said he was convinced “to a reasonable degree of medical certainty” that Irick was not properly anesthetized during his execution. Any inmate not properly rendered unconscious and insensate would feel the “torturous effects of the lethal injection process,” Lubarsky said.
Witnesses described Irick choking, snoring, gulping and gasping for air as the drugs were administered. They also said he jolted and appeared to push against the restraints at one point.
Lubarsky noted that Irick’s hands were taped to the gurney during the execution. His fingers were wrapped with a tape-like substance that prevented movement and limited visibility of the majority of his hands.
Lubarksy said the tape blocked prison officials from seeing important signs that Irick was aware of his surroundings throughout the execution.
“A trained observer knows that if a patient moves his fingers or hands that is a clear indicator that they are not anesthetized,” Lubarsky wrote. “The taping of Mr. Irick’s hands affirmatively prevented the Warden from observing an important indicator that Mr. Irick was not anesthetized.”
Tennessee courts denied all of Irick's legal requests and appear poised to do the same ahead of the state's next execution.
The Tennessee Supreme Court recently evoked a rare legal move to set the schedule for the lethal injection challenge within the Court of Appeals. The schedule is condensed, leaving far less time for attorneys to prepare their case compared toa typical appeal.
State Supreme Court Justice Sharon Lee admonished her colleagues after they set the schedule, calling it a "rocket docket" that jeopardized inmates' chances for a fair trial.
In the new filing, attorneys ask the court to delay the appellate process.
Edmund Zagorksi, 63, is scheduled for execution on Oct. 11. He was convicted in 1984 of robbing and shooting John Dotson, of Hickman County, and Jimmy Porter, of Dickson, before slitting their throats, according to Tennessean archives.
 

ez14.

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:roll: why's it matter? He's not feeling it any more! Some people :roll:
 

Ebenezer

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Hanging eliminates pain. A chair in the middle of an open field with 4 sticks of TNT under the chair eliminates pain. A bazooka eliminates pain. A semi at 70 mph or a locomotive at a slower speed eliminates pain. Apparently, eliminating pain is not the issue. Pain is easily eliminated. Painful people or painful discussions are endless.

Why not be "fair" and let them get exactly what they gave?
 

True Grit Farms

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At one time a convicted felon had no rights. Now we're trying to give convicted felons on death row more rights. Criminals have a right to a speedy trial, the taxpayers and victims should have a right to a speedy execution.
 

ddd75

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why not just a bullet from behind? He'll die.... boom.. dead.. no problem.. its like .40 cents or something. not 10 million
 

Nesikep

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With all the overdose deaths and fentanyl.. why is this such a problem? Get some street drugs (not like none ever get confiscated, right?) and give them a good shot of that.
 

ga.prime

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Nesikep":1lj2r9vs said:
With all the overdose deaths and fentanyl.. why is this such a problem? Get some street drugs (not like none ever get confiscated, right?) and give them a good shot of that.
It's too simple, Nesi.
 

bball

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A little Google action shows this guy brutally raped and murdered a 7 year old girl entrusted to his care. The wiki account of the girls (Paula Kay Dyer) murder is horrific. I doubt this scumbag gave her a dose of Versed(midazolam) before he destroyed her anus and vagina. More like he gave her blunt force trauma and caused her asphyxiation.
But we are worried if he didn't get enough Versed during his execution. If he choked on his own fluids, or felt he was being buried alive, then it sounds like karma to me.
 

farmerjan

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They ought to be made to feel the pain they inflicted on their victims. Firing squad would be quick and they wouldn't have time to feel any pain but it would be better than all this stupid fighting for a convicted criminals rights. Where were the rights of the victims? I'd like to see some of these "righteous" idiots feel some of the same pain that was inflicted on the victims, or have someone in their own family subjected to it. Might make them wake up to who really should have their rights championed.
 

JMJ Farms

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Y’all should all know how I feel from past posts. But just in case you don’t. In a case of someone like this I feel the more painful the better. I’m for death involving pliers, dull knives, fire ants and sugar.... get my drift? I hope he felt every second. And I hope he’s still feeling it.
 

boondocks

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Many years ago I had a teenage friend whose father was murdered in cold blood. (He was a store manager and was killed during a break-in). She was very religious and wrote a story about how she forgave the killer. (!) Not me, man. I can hold a grudge like no one's beeswax.
I have zero problem with the death penalty if it's applied equally regardless of wealth, color etc. I don't think they should be tortured--for the sake of our own souls. Firing squad works for me.
The thing that's fascinated me the past few years are the instances where ppl confessed to heinous crimes they were later 100% conclusively cleared of. Humans are weird....
 

Ryder

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JMJ Farms":1mjloely said:
Y’all should all know how I feel from past posts. But just in case you don’t. In a case of someone like this I feel the more painful the better. I’m for death involving pliers, dull knives, fire ants and sugar.... get my drift? I hope he felt every second. And I hope he’s still feeling it.
Are you an Indian by any chance?
I have been reading a book about the ways of the Comanche in times gone by.
I think you would have fit right in.
 

JMJ Farms

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Ryder":1dljulrv said:
JMJ Farms":1dljulrv said:
Y’all should all know how I feel from past posts. But just in case you don’t. In a case of someone like this I feel the more painful the better. I’m for death involving pliers, dull knives, fire ants and sugar.... get my drift? I hope he felt every second. And I hope he’s still feeling it.
Are you an Indian by any chance?
I have been reading a book about the ways of the Comanche in times gone by.
I think you would have fit right in.

:lol2: Pretty sure I’m not Ryder, but one never knows. I too have studied the Comanche a little bit. Very interesting. They were a rough lot for sure. The measure of how great a warrior depended on how long he could torture a captive while keeping them alive. Sometimes it lasted for weeks.

I’m not an advocate of torturing someone just because they stole a Twinkie or a horse. But if you go back and read bballs post and pretend that was your little girl..... he got off easy.

I believe in an eye for an eye. What he did to that precious little girl was nothing short of torture. In his case an axe handle would have been sufficient.

I hope I never find myself in a situation like that bc given the chance I don’t think my actions would be pleasing to my Maker.
 

Bright Raven

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I am glad we have a society that does not get down and Waller like hogs on the level of these distortions of nature. I am absolutely supportive of a rapid trial and if determined guilty by the rule of law, I support capital punishment. But as sickening as it would be to stand in the father's shoes of this little girl, I am abhorrent of the thought of torture, mashing flesh, invading another human's body, violating the flesh, etc. Leave that to zombies. I would rather continue on the path we have come this far on.
 

bbirder

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Cherry bomb up the arse and relieve his pain with a high dose of illegal drugs slowly administered.
 

Bestoutwest

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Ryder":3c2otjjr said:
JMJ Farms":3c2otjjr said:
Y’all should all know how I feel from past posts. But just in case you don’t. In a case of someone like this I feel the more painful the better. I’m for death involving pliers, dull knives, fire ants and sugar.... get my drift? I hope he felt every second. And I hope he’s still feeling it.
Are you an Indian by any chance?
I have been reading a book about the ways of the Comanche in times gone by.
I think you would have fit right in.

The Frontiersman describes actual executions by the natives, they were pretty brutal. However, it's not like the whites didn't deserve it.
 

Bright Raven

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Bestoutwest":7r3tfvi5 said:
Ryder":7r3tfvi5 said:
JMJ Farms":7r3tfvi5 said:
Y’all should all know how I feel from past posts. But just in case you don’t. In a case of someone like this I feel the more painful the better. I’m for death involving pliers, dull knives, fire ants and sugar.... get my drift? I hope he felt every second. And I hope he’s still feeling it.
Are you an Indian by any chance?
I have been reading a book about the ways of the Comanche in times gone by.
I think you would have fit right in.

The Frontiersman describes actual executions by the natives, they were pretty brutal. However, it's not like the whites didn't deserve it.

Alan Eckert. That is a fascinating book. I like several of his books. The European invaders also committed atrocities and tortures that are described in Eckert's books.
 

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