This article by Lindesay Mace is taken from The Wing of Friendship, the Lifelines newsletter and is reproduced by the kind permission of the editor.
Warm
greetings to everyone on both sides of the pond – I hope this finds you all in
good spirits and that your friendships, both new and old, are going well. Thank
you to everyone for your letters and emails; it is always good to hear from
you.
There are two big pieces of news this
quarter. The first is that the much anticipated move has now happened with
nearly 70% of the men on the row having moved to ASPC Florence - Central
Unit. It seems the move has been largely dependent on whether or not people
have been reclassified from Maximum Custody to Close Custody. I do hope
the outcome has been a positive one for you all whether you have moved or not
and I would be very pleased to hear from you how things may have changed in
terms of rules and regs so I can piece this together for my Arizona guidelines.
The other big new relates to one of the
lawsuits that has been ongoing since 2014. In my last Statelines I
reported that the legal case filed on behalf of seven men on the row was due to
go to trial in September; this will not happen now as a settlement was reached
in June. The case claimed the state's execution procedures violated the men’s
constitutional rights to be free from cruel and unusual punishment and to have
due process. The settlement yields to most of their demands and means the new
protocol does the following:
1) Strips Corrections Director Ryan's ability to make last-minute drug changes or discretionary decisions, such as closing curtains into the execution chamber if things go wrong, and allows a prisoner time to challenge any drug changes. 2) Eliminates a three-drug combination that defense attorneys believe merely masks any sign of pain or distress. A new single-drug protocol, using 1 of 2 barbiturates - pentobarbital or sodium pentothal, takes its place. 3) Requires drugs be tested before use and bars the state from using expired drugs. 4) Removes a clause saying defense attorneys may obtain their own drugs for their clients' executions if they pass quality standards. 5) Removes a clause in the previous protocol that said it "does not create any legally enforceable rights or obligations”. 6) Allows greater transparency by letting witnesses view more of the execution process, including the moment the executioner administers the drugs intravenously.
While we
might wish that Arizona would just get rid of the death penalty completely,
this is the first time any state has agreed to major changes in death penalty
procedures due to prisoners' complaints and for this alone the men who brought
this challenge should be applauded. Midazolam, the drug that was used to such
awful effect to execute Joseph Wood in 2014, cannot be used again. Decisions
like the ones Ryan took in relation to his execution, where he changed the
drugs used and, when they didn’t work, ordered that Wood be injected 15 times until
he finally died, cannot happen again. Wood was originally among the men
bringing the suit so it feels all the more important that it has been
successful.
However, I
know the resolution of the suit brings mixed feelings for some, including those
who brought it, as it also means Judge Wake has lifted his injunction on
executions. That said, Wake asked Assistant Attorney General Jeff Sparks if the
state had the drugs to restart executions rapidly: "It won't come to a
head quickly," Sparks said. "The state doesn't have drugs right now
and has no intention of seeking a warrant." Here’s hoping that continues.
It is also
reported that the men plan to appeal a First Amendment claim dismissed last
year. The goal of the appeal,
according to public defender Baich, is to get the state to be more transparent
about drugs used in lethal injections. The other ongoing legal case, brought by
a coalition of news organisations and in court before Judge Snow as I write,
also challenges transparency and seeks to force the state to reveal the
qualifications of the medical team and the quality and origins of the drugs. The state says releasing
these details would jeopardize the confidentiality of executioners and lead
suppliers to stop providing the drugs if their names were made public. For
exactly that reason, I hope it is successful.
Sources:
Arizona Republic, Associated Press, Reuters & KJZZ Radio
I wish you
all good health and strength of spirit in the coming months, Lindesay
