When Gillette asked if Heath would help the state devise a “humane” lethal injection protocol, the doctor, who opposes the death penalty, said it would violate his personal ethics. On cross-examination, Heath said he would not want to participate in an execution. Medical professionals’ oaths - “First, do no harm “ - condemn participating in killings. and the American Society of Anesthesiologists have urged their members not to participate in executions. Heath said he thought it possible to recruit a suitable monitor, even though the American Medical Assn. The California protocol does not call for a doctor to participate, and the execution team is in a room adjacent to the execution chamber, pumping in the drugs through intravenous lines. Heath said there is no way to guarantee that an inmate is adequately anesthetized unless an experienced doctor is at his side monitoring consciousness during the execution. The doctor said “he had to use a flashlight to see what he was writing,” Heath stated. The 46-year-old anesthesiologist cited testimony of a physician who was present at an execution as an observer. “All I can say is that it was much darker than I ever would allow myself to be placed” when working in a hospital setting, Heath said. Heath observed the room, under execution conditions, on a tour arranged by Fogel earlier this year. Heath also expressed dismay that the room in which prison personnel monitored the execution was dimly lighted to preserve the confidentiality of members of the execution team. Hoch, the governor’s lawyer, according to Slevin’s notes, which were displayed on a courtroom screen. “Fewer changes will be better,” said Andrea L. Instead, they suggested that the procedure be “tweaked,” Heath testified. But lawyers spurned Singler’s idea, saying they thought the state should not change course because the three-drug protocol had been upheld by courts. Robert Singler, who works for the department, suggested that the state use a different, longer-lasting and more effective anesthetic. District Judge Jeremy Fogel announced that he would hold a detailed hearing on Morales’ constitutional challenge.Īccording to notes of the meeting taken by Corrections attorney Bruce Slevin, Dr. Heath testified that he also was troubled by reports of a discussion between the governor’s representatives and the attorney general’s office about changing lethal injection procedures. He also said it was “appalling” that another member of the team, involved with administering the lethal dose, did not know the names of the second and third drugs, according to deposition testimony read in court Wednesday. You can’t understand and appreciate the dangers if you don’t know how the drug works.” The same nurse said she was not familiar with the lethal drug protocol, which Heath said he found “almost hard to believe.” Heath said he was disturbed by the response: “This is problematic. I don’t want to know about it,” according to a deposition read into the court record by Anders. Responding to a question about how much she knew about the anesthetic, a registered nurse with primary responsibility for mixing the drugs said, “I don’t study. Among other things, he said members of the execution team were ignorant of the properties of the drugs they administered, and in some instances failed to give the required dose of the sedative sodium thiopental.
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