Executions blocked over lethal injection policies

A judge Thursday blocked two executions in North Carolina, creating a de facto moratorium on capital punishment in the state until it changes its lethal injection procedure.

The ruling by Superior Court Judge Donald W. Stephens in Raleigh means that 11 states have now halted executions stemming from challenges to lethal injection.

Thursday’s decision is perhaps the strongest example yet of the complications that have arisen from attempts by prison officials around the country to “medicalize” the execution procedure, said Fordham University law professor Deborah Denno. North Carolina, like 36 other states, uses a three-drug cocktail to execute condemned inmates who are strapped to a gurney.

A North Carolina law mandates that a doctor be present at executions – in part to make sure that the condemned person is fully anesthetized before being put to death. But professional medical associations and ethics boards nationally and in many states – including North Carolina – have strongly advised physicians not to participate in executions.

Physicians, until recently, helped to monitor a patient’s vital signs at the execution chamber at Central Prison in Raleigh.

Last week, however, the state medical board said that although a doctor could be “present,” any other participation violated its ethics policy. On Wednesday, state corrections officials attempted to get around that problem by telling Judge Stephens that the doctor would be present but would not supervise or participate in the injection of any drugs or the monitoring of the prisoner’s medical condition. They said the key roles would be played by a registered nurse and an emergency medical technician.

But Stephens, a former prosecutor, ruled that the state’s “current position is different” than the one it has taken in past executions. He said prison officials could not simply change the protocol for executions without the approval of the governor and other state officials.

Stephens’ ruling came one day before the state was set to execute Marcus R. Robinson and two days after 30 North Carolina legislators asked Gov. Mike Easley to declare a death penalty moratorium until the state thoroughly reviews its lethal injection procedure. Easley had no comment.

Noelle Talley, spokeswoman for North Carolina Attorney General Roy Cooper, said the state does not plan to appeal the judge’s decision.