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Fooled him?

Saturday, March 31st, 2007

By Chris Fitzsimon

A deposition indicates a federal judge’s order wasn’t followed during two executions last year. The muck grows deeper Could the confusion, anger, controversy, illogic and mystery of North Carolina’s death penalty possibly become any more complicated? Not likely. But it might soon become quite volatile. It seems there are differing accounts of what a prison doctor did or didn’t do, and what he was supposed to do or not do, during two executions last year. Specifically, there are assertions, reported by The N&O’s Andrea Weigl, that a doctor did not monitor the brain wave activity of two inmates who were executed, Willie Brown and Samuel R. Flippen.

That would seem to contradict the order of U.S. District Judge Malcolm Howard, who allowed the executions to proceed, while requiring a physician to be there and monitor brain wave activity. The reason? Because a debate over lethal injection has one side saying the method of killing, which is used in North Carolina, may constitute unconstitutional cruel and unusual punishment. They say that’s because people may suffer great pain if they are not truly unconscious when paralyzing drugs are administered. Howard, in ruling the way he did, apparently believed that ensuring unconsciousness during the execution would cover that objection. (more…)

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