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EXECUTION ISSUES AND PROTOCOLS

Arizona Department of Corrections

Charles L. Ryan, Director

September 13, 2014

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• Wood v. Ryan-CV-14-1447-NVW. Wood raised First Amendment challenge to ADC’s refusal to identify source of execution chemicals, lot #s, drug codes, and other identifying information.

– Federal District Court for District of Arizona rejected the First Amendment challenge, stating: “The holding in First Amendment Coalition does not extend a First Amendment right to information identifying the drug manufacturer in this case . . . . The same analysis applies to the other categories of information Wood seeks.”

– Ninth Circuit Court of Appeals, relying on First Amendment Coalition case, reversed District Court and issued a conditional preliminary injunction, staying the execution until such time as the ADC provided Wood with the information relating to the source of the chemicals. Wood v. Ryan-14-16310.

– Following the State’s petition for writ of certiorari, the United States Supreme Court vacated the 9th Circuit’s preliminary injunction and lifted the stay-telegraphing its agreement with the Federal District Court’s conclusion that the First Amendment has no application to the type of information the inmate sought. Inmate Wood was executed on July 23, 2014.

RECENT LITIGATION - FIRST AMENDMENT

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• First Amendment challenges dormant for 10 yrs. after 9th Circuit decision in California First Amendment Coalition v. Woodford, 299 F.3d 868 (9th Cir. 2002), which held witnesses have a right to view execution from the time the inmate enters the execution chamber to the time death is pronounced.

• Historically, claims relating to limits on viewing execution process related to transparency under the 8th Amendment.

HISTORIC LITIGATION - FIRST AMENDMENT

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• Prior to oral argument and 9th Circuit’s Decision on AP challenge to Idaho’s restricted viewing, AZ voluntarily amended its procedures allowing witnesses to view IV assessment and insertion by closed circuit television monitors.

ARIZONA’S RESPONSE

Excerpt from June 5, 2012 Letter to Lopez: “As a final matter, I want to inform you that closed-circuit monitors in the designated witness room will allow witnesses to observe the IV team’s assessment of the IV sites and the insertion of the primary and the secondary IV catheters. A microphone will also be turned on during this process. After the IV catheters have been inserted, the microphone will be turned off. When the execution is ordered to proceed, the microphone will be turned on, the curtain will be opened, and the closed-circuit monitors will be turned off. The Warden will read the Warrant of Execution and you will have an opportunity to make a final statement before the execution is completed.”

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EXECUTION CHAMBER

• Ceiling mounted camera• Microphone• Speaker

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HU-9 WITNESS ROOM

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ADC EXECUTION SIMULATION

• Witnesses moved to witness room

• Microphone off

• Monitors off

• Escort Team secures inmate

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CLOSED CIRCUIT MONITORS

• Inmate secured:• Witnesses

staged• Monitors on• Microphone on• Curtain remains

closed

Simulated exercise. No inmates participated.

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• Monitors on

• Microphone on

• Curtain remains closed

VEIN ASSESSMENT & IV PLACEMENT

Simulated exercise. No inmates participated.

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EXECUTION READY TO COMMENCE

Before 10 A.M.• Monitors on• Microphone off• Curtain closed

10 A.M. or later• Monitors off• Curtain open• Microphone on

Upon completion of IV procedure:

Simulated exercise. No inmates participated.

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• Warrant read by the Warden

• Last words

• Microphone off

• Process begins

EXECUTION COMMENCES

• Curtain opens

• Monitors off

• Microphone on

Simulated exercise. No inmates participated.

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Simulated exercise. No inmates participated.

CONSCIOUSNESS CHECK

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EXECUTION COMPLETE

• Microphone on

• Director announces completion time

• Microphone off

• Curtain closedSimulated exercise. No inmates participated.

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2012 PROTOCOL CHANGESIV TEAM

Department Order 710, Section 710.02:

1.2.5.1 The IV Team will consist of any two or more of the following: physician(s), physician assistant(s), nurse(s), emergency medical technician(s) (EMT’s), paramedic(s), military corpsman or other certified or licensed personnel including those trained in the United States Military. All team members shall be currently certified or licensed within the United States to place IV lines.

1.2.5.4 The IV Team shall be responsible for inserting either peripheral IV catheters or a central femoral line as determined by the Director acting upon the recommendation of the IV Team Leader. The IV Team shall ensure all lines are functioning properly throughout the procedure, supervise the Special Operations team in the mixing of the chemicals, preparing the syringes, and monitoring the inmate (including the level of consciousness and establishing the time of death). The IV Team shall supervise the administration of the chemicals. A central femoral venous line will not be used unless the person placing the line is currently certified or licensed within the United States to place a central femoral line.

(Complete Text of Arizona Department of Corrections Department Order 710, Execution Procedures is available on ADC public website: www.azcorrections.gov.)

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ADDITIONAL 2012 PROTOCOL CHANGES

In addition to the witness viewing procedures, ADC made other protocol changes in September, 2012 to include:

• Elimination of three-drug protocol

• Notification to inmate of drug protocol to be administered

• Visitation with Attorneys of Record allowed up to one hour prior to scheduled execution

• Last words-reasonable in length and free from offensive statements directed at the witnesses

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Status Conference July 3, 2012

Protocol changes effective March 26, 2014:

• Addition of language expanding one-drug protocol to allow for compounded pentobarbital in event the drug is commercially unavailable

• Verification of licensing and/or certification checks of compound pharmacy or pharmacist to be conducted

• Qualitative analysis of compounded pentobarbital to be conducted no more than 30 days prior to scheduled execution

• Added Two-Drug Protocol using 50 mg. Midazolam and 50 mg. Hydromorphone. Protocol used in Wood execution.

2014 PROTOCOL CHANGES