BOISE -- A federal court magistrate judge is taking the weekend to consider whether the state should move ahead with the execution of Paul Ezra Rhoades on Friday, November 18.
Rhoades' attorneys are challenging the particular method of lethal injection used by the state of Idaho. The Department of Correction approved its most recent operating procedure for lethal injection just days before Rhoades was issued a death warrant.
For nearly seven hours on Thursday afternoon and evening, Magistrate Judge Ronald Bush heard arguments from Rhoades' federal defenders and the Idaho Attorney General’s Office.
Rhoades' attorneys called two witnesses to support their case that the three-drug method of lethal injection outlined by the Department of Correction is cruel and unusual punishment.
Dr. Mark Heath, an anesthesiologist and professor at Columbia University, testified via video conference from Brooklyn, New York. He has been an expert witness in a number of execution cases around the country.
Heath testified about the three specific drugs used in Idaho’s plan: an anesthetic (there are two choices of the type of drug used), a paralytic, and finally potassium chloride, which induces cardiac arrest.
The doctor explained to the judge that if the first drug, an anesthetic, were to fail or be administered improperly, the offender could experience a great deal of pain as he died. Further, Heath says the paralytic drug would make it impossible for the offender to tell executioners he was conscious.
Heath says the second drug would make it so the offender could not vocalize if they became conscious after the anesthetic was given.
“They would also experience the sensation of being locked in, unable to move in any way,” Heath testified. “He would not be able to say anything or make a face to signal any pain.”
Heath explained the third drug, which actually kills the offender, is extremely painful from the time it enters a person’s veins. He explained reports of accidental overdoses of potassium chloride in hospitals: The patient “shrieks in agony, writhes, and then drops dead as the potassium reaches their heart.”
The particular argument of Rhoades’ attorneys and Heath is dependent on the first drug failing and the person appearing unconscious though they may be awake. They suggest a single drug method of execution (as used in Washington and Ohio) would be more humane and eliminate the possibility of indescribable pain.
Attorneys for the state challenged, again pointing out this pain would only occur if the first drug was administered incorrectly.
The second witness for Rhoades’ attorneys was Jeffery Zmuda, the Deputy Chief of the Bureau of Prisons. He was involved in writing the current execution procedure and hiring those on the execution teams.
Rhoades’ attorneys are challenging the competency of the execution teams. Zmuda’s affidavit had been sealed, with the attorney general concerned about protecting the identities of those on the execution team. On Thursday, the judge agreed to unseal the affidavit and redact any identifying information about team members.
During questioning, Zmuda said they background checked applicants for the execution teams, but they did not verify credentials, certificates or educational backgrounds. They also destroyed those documents and did not write reports. He clarified to the Attorney General’s Office those measures are to protect identities.
So far, the execution team assembled to carry out Rhoades’ lethal injection have had five practice meetings, and at least five more are planned prior to next Friday’s execution. At this point, the team has not practiced inserting IVs into volunteers, only mannequins.
Rhoades’ attorneys argue those on the execution team might not be properly qualified or trained to ensure a pain-free execution. The Attorney General’s Office argues the execution protocol is being followed, and that protocol stands up to standards set by other courts.
The magistrate judge expressed worry about the plan as it stands for an execution scheduled for just over a week away: “The warrant calls for execution on November 18th, and I have a state corrections system that to some degree looks like it’s playing catch up.”
The judge said he will issue a ruling on Monday about whether the execution should proceed as scheduled.
