NC Lethal Injection Battle

Started by Jeff1857, March 07, 2007, 12:47:14 AM

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Jeff1857

Unable to find a doctor willing to monitor an upcoming execution, state prison officials asked a court Tuesday to strip the North Carolina Medical Board of the power to discipline physicians who help the state put condemned inmates to death.
The board's threat in January to punish any doctor who takes part in an execution has effectively shut down the death penalty in North Carolina.

But the state argued Tuesday that executions aren't medical procedures, and therefore don't fall under the board's jurisdiction.

Because Central Prison Warden Marvin Polk can't find a doctor willing to take part, the state said prison officials will be unable to carry out the execution of Allen Holman, who was scheduled to die at 2 a.m. Friday. The dispute led a judge to cancel his execution Tuesday afternoon.

"They couldn't carry it out because they didn't have a physician," said Ken Rose, an attorney at the Center for Death Penalty Litigation in Durham, which represents death row inmates and advises their lawyers. "The prison didn't want to carry it out illegally and that would be their only choice if they carried it out without a physician."

State law only requires a doctor be present at an execution. But last year, a federal judge allowed an execution to go forward only after the state said a doctor would monitor the inmate to ensure he didn't feel pain as officials injected him with a combination of three deadly chemicals.

The medical board responded in January, declaring that any doctor who participates in an execution violates medical ethics and risks sanction.

The resulting conflict - termed a "Gordian knot" by Gov. Mike Easley - has led Wake County Superior Court Judge Donald Stephens to place five scheduled executions on hold. Holman's execution had remained on track only because he insisted he wanted to die and fired his lawyers, who filed a request this week to stay his execution anyway.

State officials had tried to negotiate a compromise with the medical board, but said in a letter last week that talks had collapsed and hinted that litigation was coming. A spokeswoman for the medical board did not immediately return a message left Tuesday seeking comment.

There are now no executions scheduled for the 166 inmates on North Carolina's death row. Geoffrey Hosford, who represents one of the five inmates whose execution was put on hold, said Tuesday a quick resolution to the matter seemed unlikely.

"I don't know how fast it's going to be heard," he said. "I don't know what the rush would be to hear it. How close to a complete resolution? That's anybody's guess."

Challenges to lethal injection - namely, whether it violates the Constitution's ban on cruel and unusual punishment - have effectively placed executions on hold in 11 states. The question of doctor participation has figured in some of those disputes.

In California and Missouri, for example, executions have been on hold for months after federal judges in both states ordered anesthesiologists to monitor executions. Officials in both states were unable to find such a doctor willing to participate.

The American Medical Association has said for more than 20 years that physicians who take part in executions violate medical ethics, but the organization has no power to punish. That job falls to the state medical boards that license doctors, and North Carolina's medical board is apparently the first to make such a threat.

Holman, 47, was sentenced to die for the 1997 slaying of his wife in Wake County. Former lawyer, Mary Pollard, has written that Holman had a history of mental illness and a federal judge has said Holman had tried to commit suicide in the past.

Alex Charns, another of Holman's former lawyers, declined to comment Tuesday.

Eryn Baugh

Where's Jack Kevorkian when you need him?

I think I even have a coupon for his services....
When a murder is committed, a horrible fate
is thrust upon the victim's family.

The surviving family is unwillingly sentenced to a life of hell...chained to the fate of the person who took their loved ones' lives.  We are counting down the days until our sentence is lifted and we are set free.

Noosh-DAWG

doctors swore and oath to rescue life .. forcing them to help killing people is against all medical ethics and would destroy and prevert this old oath of honor... its just not right to go that way and i seriouslt doubt that these officals will succeed at court .. we cant "dishonor" ..well yeah dishonor doctors by FORCING them to help at executions... its against all doctors stand for.. in a demoractic staste we cant enforce a "mengele law"..

Mo-DAWG

Eryn Baugh


doctors swore and oath to rescue life .. forcing them to help killing people is against all medical ethics and would destroy and prevert this old oath of honor... its just not right to go that way and i seriouslt doubt that these officals will succeed at court .. we cant "dishonor" ..well yeah dishonor doctors by FORCING them to help at executions... its against all doctors stand for.. in a demoractic staste we cant enforce a "mengele law"..

Mo-DAWG


That is where you are so wrong.  We have seen other posts on this board where a guy started the IV and missed the vein.  As a result, the murder got a dose of the pain he inflicted on his victims before his death.  Of course you antis took it as a catastrophic failure, but he eventually died, so the execution was a success.  When the doctors took the oath to do no harm, it was more on the lines of competency and not treating somebody who you were not qualified for.  Kind of like a proctologist doing brain surgery.  I don't see where they would be doing any harm whatsoever if they would only go in and start the IV flowing correctly.  SOMEBODY ELSE can put the syringes full of anti-crime serum into the IV lines.  Then again, why does it have to be a doctor?  Nurses can start an IV.  EMT's can start an IV.  Better yet, we'll use firemen to start the IVs and if they are not able to then they get to use their ax.
When a murder is committed, a horrible fate
is thrust upon the victim's family.

The surviving family is unwillingly sentenced to a life of hell...chained to the fate of the person who took their loved ones' lives.  We are counting down the days until our sentence is lifted and we are set free.

Noosh-DAWG



doctors swore and oath to rescue life .. forcing them to help killing people is against all medical ethics and would destroy and prevert this old oath of honor... its just not right to go that way and i seriouslt doubt that these officals will succeed at court .. we cant "dishonor" ..well yeah dishonor doctors by FORCING them to help at executions... its against all doctors stand for.. in a demoractic staste we cant enforce a "mengele law"..

Mo-DAWG


That is where you are so wrong.  We have seen other posts on this board where a guy started the IV and missed the vein.  As a result, the murder got a dose of the pain he inflicted on his victims before his death.  Of course you antis took it as a catastrophic failure, but he eventually died, so the execution was a success.  When the doctors took the oath to do no harm, it was more on the lines of competency and not treating somebody who you were not qualified for.  Kind of like a proctologist doing brain surgery.  I don't see where they would be doing any harm whatsoever if they would only go in and start the IV flowing correctly.  SOMEBODY ELSE can put the syringes full of anti-crime serum into the IV lines.  Then again, why does it have to be a doctor?  Nurses can start an IV.  EMT's can start an IV.  Better yet, we'll use firemen to start the IVs and if they are not able to then they get to use their ax.


eryn, the reason why doctors refuse to do it is cuz their occupation is to rescue and save lifes and not to take life..thats their argumenation and its understandable that they act this way .. thats why they became doctors .. to help, cure and rescue and not to become accomplices in killings .. thats how several doctors i talked to see it.. i was curious and so i asked some doctors ...and i agree..if a stste wants to kill then they should do it alone and not try to enforce doctors to be their accomplices against their will .. the point here is not the execution as such but AGAINST THEIR WILL is the point here

Mo-DAWG

Granny B

Mo-Dawg says, "eryn, the reason why doctors refuse to do it is cuz their occupation is to rescue and save lifes and not to take life..thats their argumenation and its understandable that they act this way .. thats why they became doctors .. to help, cure and rescue and not to become accomplices in killings .. thats how several doctors i talked to see it.. i was curious and so i asked some doctors ...and i agree..if a stste wants to kill then they should do it alone and not try to enforce doctors to be their accomplices against their will .. the point here is not the execution as such but AGAINST THEIR WILL is the point here

Mo-DAWG"

No, Mo-Dawg that is not how it is! There are doctors out there who are more than willing to perform the procedure for the execution. They are just not allowed to by their State Board Medical association, who threatens to  yank their state licenses to practice medicine if they do. Like any profession, you will find people who are on both sides of the issue willing to do what is necessary.  No one is trying to make a doctor do something against his will, nor would one do the procedure if it was against his will.  There are more than enough doctors willing to do it if they wouldn't lose their license to practice medicine if they do so.  Get your facts right before you post your inaccuracies.

Brandon's Grandmother
" Closure? Closure is a misused word in the English language.  There is no such thing as closure for the family of a murder victim.  There will never be any closure for the death of our loved ones until we are dead ourselves.  The families have a lifetime sentence of anguish and sadness." 
Susan Levy

Mr_Dio

This is pure crapola if I have ever seen such. Why does the State need a Doctor to tell us the obvious? It's pretty damned obvious if the inmate hasn't took a breath in the last 30 minutes,has no traceable heartbeat showing on the machine, and has a body temp of room temperature....HE'S MOST LIKELY DEAD!!!!I know this and I sported the huge grade of C in Biology...LOL

Bothched executions.....Get effin real folks. I have always wondered how in the hell an inmate dying due to execution was botched???????????DUH he was supposed to die......now if he got up off the gurney and ran around the room for weeks on end well yea that 1 probably was botched...but as long as he is dead the execution was just perfect.

pizzpoor

The surest way around this situation here in NC is to THREATEN to yank the State Medical Board's power to issue and take licenses without approval from the state govt itself. It may come to that to solve the impass.

Mr_Dio

I believe that eventually the Legislature will do more than threaten. As evidenced by several recent attempts to pass a moratorium bill the majority if our Representatives are content to allow the death penalty to be enforced.This meddling by the medical board is merely an outside attempt to run the affairs of our State,those we elected to do this will most likely take offense and pass a bill either removing their privelege entirely,or more aptly freeing Dr's who participate from worry of revocation by the board.I believe Georgia has passed a bill which makes participation in an execution non punishable by any group within that State, I would like to see such done here as well.

Jeff1857

I know brain waves are monitored here for consciousness as well.

Mr_Dio

Yes that was started last year for Willie Browns execution.The State actually bought the machine to persuade a judge in that case to allow it to go through. Unfortunately the State also promised that judge that a Dr would be present to monitor this, now with the board ruling Dr's are scared to do so and the State did try to change protocol thereby infuriating the latest judges and causing our current moratorium.

Peter

Brandon's Grandmother,

Greetings from The United Kingdom!

Re: The Facts.

A Doctor takes a voluntary oath to save life. They cannot take an active part in an execution. If they wish to do so they are are in contempt of their original oath, which they took voluntarily and without duress.

Now, that IS a fact.

Peter M.

DPFS


Mo-Dawg says, "eryn, the reason why doctors refuse to do it is cuz their occupation is to rescue and save lifes and not to take life..thats their argumenation and its understandable that they act this way .. thats why they became doctors .. to help, cure and rescue and not to become accomplices in killings .. thats how several doctors i talked to see it.. i was curious and so i asked some doctors ...and i agree..if a stste wants to kill then they should do it alone and not try to enforce doctors to be their accomplices against their will .. the point here is not the execution as such but AGAINST THEIR WILL is the point here

Mo-DAWG"

No, Mo-Dawg that is not how it is! There are doctors out there who are more than willing to perform the procedure for the execution. They are just not allowed to by their State Board Medical association, who threatens to  yank their state licenses to practice medicine if they do. Like any profession, you will find people who are on both sides of the issue willing to do what is necessary.  No one is trying to make a doctor do something against his will, nor would one do the procedure if it was against his will.  There are more than enough doctors willing to do it if they wouldn't lose their license to practice medicine if they do so.  Get your facts right before you post your inaccuracies.

Brandon's Grandmother


Exactly correct, it is called the "Hippocratic Oath":

"To please no one will I prescribe a deadly drug nor give advice which may cause his death."

Every doctor is supposed to follow it, no matter what the state or medical board says to the contrary.

It also states this:

"Nor will I give a woman a pessary to procure abortion"

And on a side note (I forget the dudes name) but the Suicide doctor, did he ever lose his license ?

Ron

(http://en.wikipedia.org/wiki/Hypocratic_oath)



FROM OFF2DR STAFF: No links of websites similiar in subject to this one is allowed here.

Granny B


Brandon's Grandmother,

Greetings from The United Kingdom!

Re: The Facts.

A Doctor takes a voluntary oath to save life. They cannot take an active part in an execution. If they wish to do so they are are in contempt of their original oath, which they took voluntarily and without duress.

Now, that IS a fact.

Peter M.


Hmmmmm.  I guess that explains abortion doctors.   And Dr. Kevorkian.  And the English doctor, I forget his name who was a serial murderer.  And......Let's see, who else?  Oh yeah, the doctors who have already participated in executions in other states.

Yeah,  I guess they did not do harm????  Their Hippocratic oath is intact.  Right?
" Closure? Closure is a misused word in the English language.  There is no such thing as closure for the family of a murder victim.  There will never be any closure for the death of our loved ones until we are dead ourselves.  The families have a lifetime sentence of anguish and sadness." 
Susan Levy

Mr_Dio

 ;D ;D ;D ;D American logic astounds me at times...it is perfectly fine for a Dr to murder thousands of babies per year....yet if he monitors the execution of a murderer he has violated his oath.....The oath includes all life,I wonder when the medical board will stop revoking the liscence of their murder clinic workers

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