The 10th Circuit Court of Appeals denies Oklahoma death-row inmates’ request to stay their executions.
Attorneys for the inmates argued use of the sedative midazolam amounts to cruel and unusual punishment and questioned the qualifications of the state’s expert who testified about the drug.
The three-judge panel said the inmates didn’t prove midazolam risks exposing them to cruel and unusual punishment. David Waisel at Harvard Medical School told KWGS last month the state’s protocol leaves no way of knowing how much pain the inmate feels.
"The second drug after the midazolam is a muscle relaxant, so you cannot move," Waisel said. "So even if the inmate were in distress, we would never know, because the inmate could not move if it were given properly in the vein."
The judges also said Dr. Roswell Evans’ qualifications are "considerable," and any errors in his testimony don’t undercut portions a lower court relied upon in making its ruling.
Dale Baich is one of the inmates’ attorneys. He said they had two experts who disagree with Evans' assessment of midazolam.
"Both experts testify that midazolam is not an appropriate drug to be used as part of the execution process," Baich said.
The ruling means Charles Warner will be put to death Thursday, as scheduled.
