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Reporting on a Legal Challenge to Arkansas’s Lethal Injection Protocol

The gurney inside the Arkansas Death Chamber which inmates are strapped into for lethal injections at the Cummins Unit. Credit: Arkansas Department of Correction.

For almost two weeks I covered a federal trial with a judge considering a lawsuit by 18 Arkansas death row inmates challenging the state’s use of the sedative midazolam in lethal injections. Attorneys representing the inmates argued the drug doesn’t do enough to keep inmates unconscious when subsequent drugs paralyze the muscles and stop the heart. The plaintiffs’ attorneys suggested inmates suffer excruciating pain, but that’s masked by the paralytic.

Attorneys for the state countered that there is no legitimate proof to back up the claims. Much of the arguments and testimony focused on the execution of Kenneth Williams, one of four inmates Arkansas put to death in 2017. He lurched repeatedly for about 10 seconds during his lethal injection. But depending on which side the witness was testifying for was a factor in whether it was described as Williams violently hitting against the restraints of the gurney or was simply an involuntary muscle spasm.

In federal court, reporters are not allowed to record audio for broadcast, so much of my reporting went into detailed online stories. I also recorded longer than normal radio reports and joined KUAR’s local All Things Considered host a couple of times to talk about the proceedings. I also spoke about the trial on AETN’s Arkansas Week. Below are links to my reports and segments from the television program.

Federal Trial Begins As Arkansas Death Row Inmates Challenge Execution Drug (April 23, 2019) Opening statements were presented by attorneys, then testimony began with witnesses to Williams’ execution.

Expert In Arkansas Lethal Injection Trial Says Inmates ‘For A Certain’ Feel Pain (April 24, 2019) Testimony was presented by a professor of pharmacology about midazolam.

I spoke on AETN’s Arkansas Week about testimony up to that point on Friday, April 26.

Anesthesiologist Testifies As Arkansas Lethal Injection Drug Trial Ends Week 1 (April 26, 2019) More expert testimony was presented by attorneys for the plaintiffs, this time from a anesthesiologist from Seattle.

Expert Witnesses For The State Contradict Previous Testimony In Lethal Injection Trial (April 29, 2019) The defense began calling witnesses, with their own pharmacologist and anesthesiologist.

Top Arkansas Prison Officials, State Lawmakers Describe Witnessing 2017 Executions (May 1, 2019) The warden of the Cummins Unit testified along with a former prosecutor and two state lawmakers.

Department Of Correction Director Testifies In Arkansas Lethal Injection Trial (May 1, 2019) Director Wendy Kelly, who was named in the suit along with Gov. Asa Hutchinson, talked about her role in the death chamber.

Closing Arguments Delivered In Arkansas Lethal Injection Trial (May 2, 2019) An attorney for the plaintiffs and one from the Arkansas Attorney General’s office made their closing arguments to the judge.

At the end of the trial, Judge Baker said she will consider the arguments and testimony. She did not give a time frame for when a written ruling will be issued. I spoke the following day, Friday, May 3 on AETN’s Arkansas Week about trial.

AETN’s Arkansas Week on Legislature, Execution Drugs, City Hall

I took part in the panel discussion on AETN’s Arkansas Week on Friday, April 26, with the top item being the formal adjournment of this year’s session of the Arkansas Legislature. I also discussed the federal trial I’ve been covering with 18 Arkansas death row inmates suing the state over the use of the drug midazolam as the first drug in lethal injections. Their attorneys argue it doesn’t sufficiently knock out inmates before the second and third drugs are administered, which paralyze the muscles and stop the heart, leading to unconstitutional pain and suffering.

Also joining the round table conversation was Arkansas Times reporter Rebekah Hall talking about Little Rock City Hall. She had been an intern at KUAR five or six years ago while still in high school and I was proud to see how well she did on the TV program.

AETN’s Arkansas Week: Judge Halts Arkansas Medicaid Work Requirement

A ruling by a federal judge has halted Arkansas’s work requirement for some recipients of the state’s Medicaid expansion program. That was the top story this week, which led the roundtable discussion on AETN’s Arkansas Week. I joined reporters Benji Hardy of the Arkansas Nonprofit News Network and independent journalist Steve Brawner to talk about that with host Steve Barnes. The ruling came down just as lawmakers are considering funding for Medicaid and this is expected to complicate the debate.

We also discussed school voucher proposals, the withdrawal of a bill concerning waste from a hog farm in north Arkansas, a term limits proposal that appears on track to go before voters, and as Steve was starting to wrap up the show, I had to toss in my favorite bill of this legislative session, which is now headed to the governor’s desk. Every state has two statues in the U.S. Capitol and legislation approved by the House this week would replace Arkansas’s with singer Johnny Cash and civil rights leader Daisy Bates.

On AETN’s Arkansas Week: Governor’s Tax Cut Proposal, Highway Plan & Medical Marijuana Nears Implementation

It took two votes, but the Arkansas Senate approved Gov. Asa Hutchinson’s tax proposal which now moves to the House where it’s expected to face a bigger challenge. Meanwhile there was a lot of anticipation about the governor’s highway plan, which has been a key issue that has kept even some Republicans from backing the tax cut. We also gave an update on the implementation of state’s medical marijuana program. I joined fellow journalists Wes Brown and Andrew DeMillo for the roundtable discussion following two state lawmakers who offered their thoughts.

AETN’s Arkansas Week: Governor Proposes Budget Ahead of Legislative Session

I joined the panel on AETN’s Arkansas Week today with the key topic being the proposed budget from Gov. Asa Hutchinson which will be considered by legislators in the session that begins in January. In includes tax cuts that will largely benefit the state’s top earners, but Hutchinson said would also help the state as a whole by drawing more businesses, residents and investments. We also discussed the rising number of people being dropped from the state’s Medicaid expansion program for not meeting the recently-enacted work requirement.

Arkansas Week: State Supreme Court Challenges Ethics Charges, Tosses One Issue From Ballot

With just over two weeks before Election Day, I took part in AETN’s Arkansas Week largely to discuss actions taken by the Arkansas Supreme Court. Five of the seven judges are challenging charges by the Judicial Discipline and Disability Commission which said the court failed to give notice or an opportunity to respond to Pulaski County Circuit Judge Wendell Griffen when they said he could no longer hear execution-related cases. The drama started in April 2017 when Griffen was photographed taking part in an anti-death penalty demonstration outside the Governor’s Mansion. We also discussed a ruling by the state’s high court disqualifying a tort reform proposal which was to be considered by voters next month.

The first half of the program featured a debate with a supporter and an opponent of a proposal to raise the state’s minimum wage. Then I joined Hoyt Purvis and Heather Yates for the round-table discussion. The embedded video below is set to start at the second half of the program.