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Man dies of heart attack after botched execution

Oklahoma Set to Execute Two Men Using Untested Drug Cocktail

McALESTER, Okla. (AP) - Oklahoma prison officials halted an inmate's execution on Tuesday after a new drug combination left the man writhing and clenching his teeth on the gurney, before he later died of a heart attack.

Clayton Lockett, 38, was declared unconscious 10 minutes after the first of the state's new three-drug lethal injection combination was administered. Three minutes later, though, he began breathing heavily, writhing, clenching his teeth and straining to lift his head off the pillow.

The blinds were eventually lowered to prevent those in the viewing gallery from watching what was happening in the death chamber, and the state's top prison official eventually called a halt to the proceedings. Lockett died of a heart attack a short time later, the Department of Corrections said.

"It was a horrible thing to witness. This was totally botched," said Lockett's attorney, David Autry.

The problems with the execution are likely to fuel more debate about the ability of states to administer lethal injections that meet the U.S. Constitution's requirement they be neither cruel nor unusual punishment. That question has drawn renewed attention from defense attorneys and death penalty opponents in recent months, as several states scrambled to find new sources of execution drugs because drugmakers that oppose capital punishment - many based in Europe - have stopped selling to prisons and corrections departments.

Defense attorneys have unsuccessfully challenged several states' policies of shielding the identities of the new sources of their execution drugs. Missouri and Texas, like Oklahoma, have both refused to reveal their sources, but both of those states have since successfully carried out executions with their new supplies.

Tuesday was the first time Oklahoma used the drug midazolam as the first element in its execution drug combination. Other states have used it before; Florida administers 500 milligrams of midazolam as part of its three-drug combination. Oklahoma used 100 milligrams of that drug.

"They should have anticipated possible problems with an untried execution protocol," Autry said. "Obviously the whole thing was gummed up and botched from beginning to end. Halting the execution obviously did Lockett no good."

Republican Gov. Mary Fallin ordered a 14-day stay of execution for an inmate who was scheduled to die two hours after Lockett, Charles Warner. She also ordered the state's Department of Corrections to conduct a "full review of Oklahoma's execution procedures to determine what happened and why during this evening's execution."

Robert Patton, the department's director, halted Lockett's execution about 20 minutes after the first drug was administered. He later said there had been vein failure.

The execution began at 6:23 p.m., when officials began administering the first drug, the sedative midazolam. A doctor declared Lockett to be unconscious at 6:33 p.m.

Once an inmate is declared unconscious, the state's execution protocol calls for the second drug, a paralytic, to be administered. The third drug in the protocol is potassium chloride, which stops the heart. Patton said the second and third drugs were being administered when a problem was noticed. He said it's unclear how much of the drugs made it into the inmate's system.

Lockett began writhing at 6:36. At 6:39, a doctor lifted the sheet that was covering the inmate to examine the injection site.

"There was some concern at that time that the drugs were not having that (desired) effect, and the doctor observed the line at that time and determined the line had blown," Patton said at a news conference afterward, referring to Lockett's vein rupturing.

After an official lowered the blinds, Patton made a series of phone calls before calling a halt to the execution.

"After conferring with the warden, and unknown how much drugs went into him, it was my decision at that time to stop the execution," Patton told reporters.

Lockett was declared dead at 7:06 p.m.

Autry, Lockett's attorney, was immediately skeptical of the department's determination the issue was limited to a problem with Lockett's vein.

"I'm not a medical professional, but Mr. Lockett was not someone who had compromised veins," Autry said. "He was in very good shape. He had large arms and very prominent veins."

In Ohio, the January execution of an inmate who made snorting and gasping sounds led to a civil rights lawsuit by his family and calls for a moratorium. The state has stood by the execution but said Monday that it's boosting the dosages of its lethal injection drugs.

A four-time felon, Lockett was convicted of shooting 19-year-old Stephanie Neiman with a sawed-off shotgun and watching as two accomplices buried her alive in rural Kay County in 1999 after Neiman and a friend arrived at a home the men were robbing.

Warner had been scheduled to be put to death two hours later in the same room and on the same gurney. The 46-year-old was convicted of raping and killing his roommate's 11-month-old daughter in 1997. He has maintained his innocence.

Lockett and Warner had sued the state for refusing to disclose details about the execution drugs, including where Oklahoma obtained them.

The case, filed as a civil matter, placed Oklahoma's two highest courts at odds and prompted calls for the impeachment of state Supreme Court justices after the court last week issued a rare stay of execution. The high court later dissolved its stay and dismissed the inmates' claim that they were entitled to know the source of the drugs.

By then, Fallin had issued a stay of her own - a one-week delay in Lockett's execution that resulted in both men being scheduled to die on the same day.

Join the discussion

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Emilio May 01 2014 at 12:39 AM

You commit horrific crimes you will pay ..
Its that simple

Flag Reply +1 rate up
rdhendrick29 April 30 2014 at 10:49 PM

Good riddance. The things he did to his young victims was horrible. THEY were the victims.... not this jackass who finally had the bucket kicked out from under him. Too bad it was so quick...

Flag Reply +1 rate up
cmr256 April 30 2014 at 9:45 PM

His victim was shot, raped, beaten and burried alive. She had to watch him dig her grave
before he threw her in. She suffered for hours. How dare the news media show
sympathy for this man who treated his victim in such a manner. She did not have a choice;
he didn't give her one. He should have been given the same death as he gave his victim.

Flag Reply +3 rate up
1 reply
Brad Machado cmr256 April 30 2014 at 9:57 PM

So he had to suffer a little bit. BFD.

Flag Reply +1 rate up
Sarah May 01 2014 at 1:22 AM

"he began breathing heavily, writhing, clenching his teeth and straining to lift his head off the pillow."

I imagine 19-year-old Stephanie Neiman was breathing heavily, writhing and clenching her teeth after being shot and while being buried alive as well. And, I'm sure she strained to escape being buried alive, and I'm sure she didn't have a PILLOW to rest her head on during her ordeal. SHE was the VICTIM...seems to me God took over this execution and dealt with him exactly as this 4-time felon deserved.

Flag Reply +1 rate up
pete55818 April 30 2014 at 9:47 PM

Why is this news? This bastard was a vicious murderer.

Flag Reply +2 rate up
Rickster April 30 2014 at 4:06 PM

Botched? He's dead, isn't he? He probably did not suffer anything more than his victim. He was already allowed to live much too long after he killed his victim. We put house pets to death with gas and or chemicals to be humane toward our beloved pets. They did not murder anyone. This guy did not deserve any great effort to be put to death humanely. He should have been shot right between the eyes soon after the guilty verdict was announced. We must stop worrying so much about the rights and comfort of the criminal and address 95% of our concern toward the victim and her friends and family.

Flag Reply +1 rate up
crazy ray April 30 2014 at 7:21 PM

What do you mean, "botched." He's dead, isn't he. Sounds like a success. I believe we should just burn trash like this and scatter the ashes. And if there's enough flame left, through the useless lawyer in with him.

Flag Reply +6 rate up
BOWJAYS April 30 2014 at 3:50 PM

Who gives a shitnss....! What about the girl he killed..shot her and then buried her ALIVE! We should not even be talking about him, rather tell the girls life story that she tried to make before the pages were cut out! This piece of crap desevered this! As far as Im concerned he had an easy death compared to that young lady that didn't even have a chance!

Flag Reply +1 rate up
CREEPER April 30 2014 at 5:21 PM

Botched Execution??? Is he Dead ? Then it Wasnt Botched. Gr8 job Oklahoma

Flag Reply +5 rate up
1 reply
lakearcher CREEPER April 30 2014 at 7:19 PM

Amen, Creeper . . . amen.

Flag Reply 0 rate up
illiniwek55 April 30 2014 at 8:49 PM

He's dead as he deserved. How is that "botched".

Flag Reply +1 rate up
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