60 Minutes to Air Segment on Arizona's Botched Execution of Joseph Wood

On Sunday, November 29, CBS's 60 Minutes will air a segment on Arizona's 2-hour botched execution of Joseph Wood (pictured). As described by 60 Minutes, Wood's "execution with a new cocktail of drugs was supposed to take 10 minutes. It took almost two hours, the longest execution in U.S. history." On July 23, 2014, Arizona gave Wood 15 consecutive doses of midazolam and hydromorphone, the same drug combination that had been used in the botched execution of Dennis McGuire in Ohio six months earlier. Witnesses to Wood's execution reported that he gasped and snorted more than 600 times during the 2-hour procedure. Prison officials had estimated that the drugs would take about 10 minutes to kill Wood. Prior to the execution, U.S. Court of Appeals for the 9th Circuit had ordered the state to release information about the source of the drugs and the training of those who would carry it out, but the U.S. Supreme Court reversed the decision and allowed the execution to proceed under a veil of secrecy. Dale Baich, one of Wood's attorneys, said, "I’ve witnessed a number of executions before and I’ve never seen anything like this. Nor has an execution that I observed taken this long." 60 Minutes airs at 7:30 pm Eastern, 7:00 pm Pacific on CBS.

Oklahoma Execution Irregularities Mirror Previous Errors By Arizona Involving Same Corrections Official

Robert Patton (pictured), the director of the Oklahoma Department of Corrections who oversaw the botched execution of Clayton Lockett, the use of the wrong third drug in the execution of Charles Warner, and the failed execution of Richard Glossip, was also involved in a number of Arizona executions that violated that state's execution protocol, a BuzzFeed investigation revealed. Lockett was Oklahoma's first execution under Patton, just two months after he became corrections director. For the previous five years, he was part of the team that planned and oversaw executions in Arizona. A 2011 deposition given by Patton in a federal court challenge to Arizona's execution protocol disclosed similar failures to adhere to state execution protocols. BuzzFeed reports that, 3 years before the Lockett execution, Patton had been involved in several Arizona executions in which corrections personnel could not find an arm vein suitable for execution and instead, as in Lockett's execution, inserted the IV into an artery in the executed prisoner's groin. In direct violation of Arizona's execution protocol, the executioners covered the IV with a sheet, risking that officials would be unable to detect problems with the IV. In investigating the Lockett case, the Oklahoma Department of Public Safety found that the same deviation from Oklahoma's protocol prevented executioners from discovering problems with the IV until Lockett began to move during the execution, at which point prison personnel discovered clear liquid and blood under the sheet and noticed that Lockett had swelling "between the size of a golf ball and tennis ball" at the IV insertion site. Patton then called off the execution, but Lockett died 45 minutes after the execution began. In his 2011 deposition, Patton admitted that he never checked the forms that identified which drugs and what amounts of those drugs were to be used in Arizona executions. In January 2015, using the wrong third drug in its three-drug protocol, Oklahoma executed Charles Warner. An investigation into that execution is ongoing, and state officials have not said who was aware at the time that the wrong drug was being used. The state also halted the execution of Richard Glossip in September when prison officials became aware two hours before the execution that they had obtained the same wrong drug.

Deadliest Prosecutors, Worst Defense Lawyers Linked to High Rates of Death Sentences in Heavy-Use Counties

Prisoners sentenced to death in the small number of U.S. counties that most aggressively pursue the death penalty often suffer the "double whammy" of getting "both the deadliest prosecutors in America and some of the country’s worst capital defense lawyers," according to an article in Slate by Robert L. Smith. In reviewing the the unusally high numbers of death verdicts from 3 counties that are near the top of the nation in disproportionately producing death sentences over the last 5 years, Smith found not only high rates of seeking death but a pattern of inadequate capital defense representation. In Maricopa County, Arizona, the nation's second highest producer of death sentences since 2010, two capital trial lawyers had, between them, represented 10 clients who were sentenced to death. Serious concerns about the quality of representation were also present in the two counties with the nation's highest level of death sentences per capita since 2010, Duval County, Florida, and Caddo Parish, Louisiana. 75% of defendants sentenced to death in Caddo Parish since 2005 were represented at trial by lawyers who would be found unqualified to try capital cases under capital defense standards recently put in place in the state. One Caddo Parish lawyer, Daryl Gold, was trial counsel for nearly 20% of the people sent to death row in Louisiana from 2005 to 2014. He has been suspended from practicing law three times and received 14 private reprimands, and was permitted to continue representing poor defendants in capital cases even though he was barred from taking on private clients. In Duval County, a newly elected public defender fired respected senior capital litigators and installed as deputy chief and head of homicide defense a lawyer, Refik Eler, who has at least 8 former clients on death row - the most of any lawyer in Florida. Eler has already been found ineffective by the Florida Supreme Court in three capital cases for failing to investigate both guilt and penalty issues. 

One Year After Botched Execution, Many States Still Haven't Resumed Executions

On July 23, 2014, Arizona's execution of Joseph Wood was botched, taking nearly two hours from the time the state began injecting him with lethal drugs until he was finally pronounced dead. Witnesses reported that Wood gasped more than 640 times during the course of the execution, and an official report later revealed that he was injected with 15 doses of the execution drugs. Michael Kiefer, a reporter for the Arizona Republic, who witnessed Wood's execution, described it, saying, "He gulped like a fish on land. The movement was like a piston: The mouth opened, the chest rose, the stomach convulsed." Arizona used a combination of midazolam, the drug recently reviewed by the Supreme Court in Glossip v. Gross, and hyrdromorphone, a narcotic. Wood's lawyer, Dale Baich, describing the execution, said "The experiement failed." The same drug protocol had been used in Ohio's botched execution of Dennis McGuire earlier in 2014 and witnesses to an October 2014 execution by Florida using midazolam reported that the death took longer than usual. In the year since Wood's execution, Arizona has not carried out any executions as a stay issued by a federal judge remains in place. In that time, Oklahoma and Florida have used midazolam in a total of three executions, with Charles Warner in Oklahoma saying "My body is on fire." Both states temporarily put executions on hold while the Supreme Court review was underway, but indicate they intend to resume executions now that the use of midazolam has been upheld. An Oklahoma federal court has scheduled a trial for 2016 on Oklahoma's use of midazolam. All other executions since Wood's have used a one-drug protocol of pentobarbital, likely obtained from compounding pharmacies, since the primary manufacturer of the drug opposes its use in executions. Ohio delayed all executions until at least 2016 to review executions procedures, and executions in Tennessee are on hold because of legal challenges to its lethal injection protocols. Georgia is conducting an investigation into problems with execution drugs and has not set new execution dates as a result.

INNOCENCE: Debra Milke Exonerated from Arizona Death Row

UPDATE: On March 23, Judge Rosa Mroz officially dismissed the charges against Milke. Milke has been added to DPIC's exoneration list. See Milke's statement on her exoneration. PREVIOUSLY: On March 17, the Arizona Supreme Court denied a request by prosecutors that it review a lower court's order that dismissed the charges against Debra Milke as a result of "egregious" police and prosecutorial misconduct and barring her retrial. The court's decision effectively ends prosecutorial efforts to reinstate murder charges against Milke. Milke spent 23 years on death row for allegedly arranging for two men to kill her 4-year-old son so she could collect an insurance payout. The two men who were convicted of committing the killing remain on death row. In 2013, the U.S. Court of Appeals for the 9th Circuit overturned Milke's conviction because the prosecutor had withheld evidence that undermined key testimony in the case. Arizona's prosecutors have been accused of misconduct in more than half of all cases in which the state has imposed death sentences. In this case, Detective Armando Saldate testified that Milke had confessed to him, but there was no recording, nor any witnesses to the confession, and Milke steadfastly denied having confessed. Saldate's personnel record, which prosecutors withheld from the defense, revealed that the detective had committed serious misconduct in prior cases, including lying under oath. In December 2014, the Arizona Court of Appeals barred prosecutors from retrying Milke. The state sought to appeal that decision to the Arizona Supreme Court, which the court rejected on Tuesday. The trial court is expected to formally dismiss the charges next week, which would make Milke the 151st person exonerated from death row since 1973 and the first in 2015. She will be the ninth person exonerated from death row in Arizona and the second female death row exoneree in the U.S.

ARBITRARINESS: Getting a Death Sentence May Depend on the Budget of the County

Whether the death penalty will be sought in a murder may depend more on the budget of the county in which it is committed than on the severity of the crime, according to several prosecutors. A report by the Marshall Project found that the high costs of capital cases prevent some district attorneys from seeking the death penalty. “You have to be very responsible in selecting where you want to spend your money,” said Stephen Taylor, a prosecutor in Liberty County, Texas. “You never know how long a case is going to take.” One capital case can bankrupt a county: “I know now that if I file a capital murder case and don't seek the death penalty, the expense is much less,” said James Farren, the District Attorney of Randall County, Texas. “While I know that justice is not for sale, if I bankrupt the county, and we simply don't have any money, and the next day someone goes into a daycare and guns down five kids, what do I say? Sorry?” Prosecutors cited past cases in which counties had to drastically alter their budgets in order to pay for death penalty trials. In Jasper County, Texas, a county auditor said the budget shock of a death penalty case was as bad as a flood that destroyed roads and bridges. Seeking the death penalty in one case in Gray County, Texas, forced the county to raise taxes and suspend raises for employees. The defendant was sentenced to life without parole. When Mohave County, Arizona, prosecutor Greg McPhillips decided not to seek the death penalty in a case he thought was particularly heinous, he pointed to costs as the reason: “The County Attorney’s Office wants to do their part in helping the County meet its fiscal responsibilities in this time of economic crisis not only in our County but across the nation,” he said.

Arizona Accused of Violating Its Own Protocol in Executions

In the recent prolonged execution of Joseph Wood in Arizona, the state apparently veered from its execution protocol when it employed 15 doses of lethal injection drugs, rather than just a single dose followed by a second application, if necessary, as stated in its regulations. There have been numerous other instances in which the state appeared to depart from its protocol. The U.S. Court of Appeals for the Ninth Circuit criticized the state in 2012, saying Arizona “has insisted on amending its execution protocol on an ad hoc basis,” and that it had a “rolling protocol that forces us to engage with serious constitutional questions and complicated factual issues in the waning hours before executions.” In another instance, the federal public defender office said the Department of Corrections failed to check the criminal background of execution team members and ignored a lack of qualifications. One employee leading the medical team in four executions could not recall inserting an IV since he was trained as an emergency medical technician years earlier. In a 2011 execution, the medical team leader replaced one execution drug with another after concluding that they were "essentially equivalent," based on reading the drug packaging and information on the Internet, according to a suit brought by a death row inmate. Dale Baich, an attorney who represented Joseph Wood, said, “There’s the protocol that’s in place and there’s what happens, and those aren’t necessarily the same thing. What we’ve learned from this execution is that the Department of Corrections was making it up as it went along.”

Arizona Repeated Execution Protocol 15 Times Before Inmate Died

On August 1, the Arizona Department of Corrections (DOC) released 330 pages of documents related to the execution of Joseph Wood on July 23. Although not a report on why the execution took nearly 2 hours to complete, the documents reveal that Wood was injected with 15 consecutive doses (50 mg each) of midazolam and hydromorphone, far more than indicated in the state's protocol. Dale Baich, an attorney for Wood, said, “The Arizona execution protocol explicitly states that a prisoner will be executed using 50 milligrams of hydromorphone and 50 milligrams of midazolam. The execution logs released today by the Arizona Department of Corrections show that the experimental drug protocol did not work as promised.” Prison officials had estimated that the drugs would take about 10 minutes to kill Wood. Charles Ryan, director of the DOC, responded to calls for an independent investigation of the execution, saying, “I am committed to a thorough, transparent and comprehensive review process. This will be an authoritative review to ensure that fact-based conclusions are reached regarding every aspect of this procedure, including the length of time it took for the execution to be lawfully completed.”