BOISE -- A newly unsealed court document offers more information about the executioners and procedures the Department of Corrections plans to use in the scheduled lethal injection of Paul Ezra Rhoades on Friday, November 18.
Unsealed documents explain execution team
The unsealed, but redacted, records are the comments of Jeff Zmuda, the Deputy Chief of the Bureau of Prisons for the IDOC. He was involved in developing the department's execution procedures, which were finalized on October 14, 2011. That was a few days before Rhoades' death warrant was issued. Zmuda also chose the medical team leader and other special execution team members who will actually carry out the execution.
Originally, the information was sealed to protect the identities of execution team members, who are guaranteed anonymity. IDOC attorneys say "anonymity of team members is of paramount concern." They explained in court that because the death penalty is "a divisive social issue", execution team members could be deterred from participating and could even be disciplined by licensing bodies.
The judge decided to unseal the documents after Rhoades attorneys argued the public has an interest in knowing about the execution teams. "This is about open government. This is exactly the type of proceeding the public is interested in," Rhoades' attorney argued. Certain information, like job titles and years of experience, were redacted to protect the executioners.
IDOC: 'No substantial risk of pain'
In the affidavit, Zmuda explained Idaho's execution protocol is modeled after Arizona's plan. Zmuda also explained hiring procedures for the specialty teams that will carry out the execution. He says he worked to identify "qualified team members" with at least a year of medical experience; though he says his team members each have at least 15 years experience.
Zmuda says he reviewed professional qualifications of each candidate, though in court he admitted he did not personally verify educational information or certification documents provided by candidates. Also, he destroyed those documents and did not keep records of hiring; he says that was to protect the identities of team members.
The escort, medical, and injection teams had participated in five training sessions as of Thursday night. At least five more are planned before Friday's execution. So far, Zmuda says the team has only practiced on mannequins, not on volunteers; however, they would begin doing so in their next training.
Zmuda explained safeguards he says satisfies legal requirements set by court precedent. In the affidavit, he says, "There is no substantial risk of pain to offender Rhoades during the execution procedure."
Rhoades wants single-drug execution
Rhoades' attorneys argue Idaho's three-drug protocol for lethal injection could cause severe pain, and it should be considered cruel and unusual punishment. As it stands, teams of medical professionals will give Rhoades a series of three drugs: an anesthetic, then a paralyzing drug, and finally potassium chloride, which will cause cardiac arrest and death.
Attorney Teresa Hampton says the three drug cocktail could cause excruciating pain. She argues if the anesthetic fails, Rhoades might feel agonizing pain, and because of the paralytic, he wouldn't be able to let executioners know.
Rhoades is asking for more safeguards and wants the IDOC to move to a single-drug lethal injection method, like is used in Washington state. With that method, only the first drug, the anesthetic would be administered, until the person was pronounced dead. Rhoades' attorneys say there is no chance of pain with that method.
IDOC attorneys say the current protocol meets, and in some cases exceeds, the standards set by court precedent. They also argue Idaho's three-drug protocol isn't new; it's been included in the execution plan since 2006.
Judge to rule Monday whether to delay execution
Federal Magistrate Judge Ronald Bush will rule on Monday whether to stay Rhoades' execution or not. On Thursday evening, he expressed concerns about the IDOC's readiness to carry out the latest protocol and if the team will be ready by November 18. He also said he must consider the state's interest in making sure the state's judgment is carried out.
One of Rhoades' attorneys, Teresa Hampton, explained the possible outcomes for Monday: If the judge agrees to stay the execution, he may expedite the case to consider the state's execution procedure and delay the execution until litigation is complete. The judge may delay the execution and tell the IDOC certain things in the protocol that need changed. The IDOC could make changes, and Rhoades may be executed. Finally, if the judge rules the plan constitutional as it is now written, the execution will remain scheduled, though other litigation involving the protocol will continue.
Rhoades' attorneys say they are still exploring other legal options that might challenge his execution date. With the current court actions, Hampton says the only way Rhoades' execution would be stopped permanently is if the judge decides IDOC's plan is unconstitutional, and they refuse to make changes.
More information
To read the IDOC's execution protocol, click here.
