Two States Put Lethal Injections on Hold

JUDY WOODRUFF, NewsHour Special Correspondent:

Thirty-seven of the 38 states that have the death penalty use lethal injection as their method of execution. But on Friday, the brakes were applied in two of those states: Florida and California.

In Florida, Governor Jeb Bush suspended executions after it took two injections and 34 minutes, more than twice the expected time, to execute a convicted murderer. The governor appointed a panel to review whether the way lethal injections are administered in the state violates the U.S. constitutional prohibition against cruel and unusual punishment.

Separately, in California, Federal Judge Jeremy Fogel determined that state's method of administering lethal injection is unconstitutional. He ordered a moratorium on executions until the state fixes its procedures.

Yesterday, Governor Arnold Schwarzenegger said his staff will take immediate action to comply.

Two views now on the administration of lethal injections. Richard Dieter, he is executive director of the Death Penalty Information Center.

And Jeff Middendorf, he is general counsel of Kentucky's Justice and Public Safety Cabinet. Last month, Middendorf successfully defended his state's lethal injection procedures before the Kentucky Supreme Court.

Gentlemen, thank you both for being with us.

To you first, Richard Dieter, tell us just briefly more about what happened in Florida, what triggered all this.

RICHARD DIETER, Death Penalty Information Center:

What happened was an execution that went totally wrong. They injected the chemicals into the muscles rather than into the vein, and it took two complete dosages, much longer than expected.

The inmate was grimacing. He was trying to say things. He was moving around. And with that, the Florida governor called a halt to all executions. They don't want this happening again.

JUDY WOODRUFF:

How often does this sort of thing happen?

RICHARD DIETER:

We have a list of about 38 botched executions, most of them lethal injections. It doesn't occur with every one, but these are procedures that are often done in a medical atmosphere. But they're being done in lethal injection chambers by guards, by prison officials. And so things can go wrong.

JUDY WOODRUFF:

And, Richard Dieter, what about in California? A different situation. You didn't have a botched execution, but you had a legal review that led to…

RICHARD DIETER:

Yes, they took more of a proactive — or the judge there demanded that they take a proactive approach and held hearings, called in experts from around the country, conducted, you know, many days, went to the execution chamber himself, the judge, to see how things were done, and said, "This is not the way it's supposed to be. This is not in comport with human dignity. This is very risky, and I'm going to hold it all up until you fix this process."