An Oklahoma case that could change national standards for lethal injection goes before the Supreme Court this week.
Oral arguments are Wednesday in a review of Oklahoma’s lethal injection procedure. Three death-row inmates argue the sedative midazolam is ineffective. Anesthesia specialist Dr. David Waisel spoke to KWGS after the case was first filed.
"Using this drug in the doses that are being used is purely experimental," Waisel said. "We don't know the effects of these drugs on the body or on the individual."
Attorney Dale Baich represents the inmates suing the state. He said Oklahoma chose to use midazolam because prison officials can no longer obtain one federally approved in 2008.
"The manufacturer of pentobarbital has a distribution limitation in place that prevents distributors from selling the drug to departments of corrections," Baich said.
The oral arguments will happen exactly one year after an Oklahoma inmate took 43 minutes to die during an execution involving midazolam.
Waisel said Oklahoma’s challenged protocol would mask problems when the drug is properly administered.
"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."
In January, the justices narrowly denied an application for a stay of execution from Charles Warner. They took up the case a week later.
