EDITORIAL: End the death penalty

Oct. 28—Oklahoma's pushing to conduct its first execution in nearly seven years on Thursday ahead of several more scheduled through March.

But a final ruling could come down to the last minutes before the 4 p.m. Thursday scheduled execution — or not at all.

A three-judge federal appellate panel voted 2-1 Wednesday to temporarily block scheduled executions of John Marion Grant, scheduled to die Thursday, and Julius Jones, scheduled to die Nov. 18.

Oklahoma Attorney General John O'Connor's office announced Wednesday afternoon it would appeal the decision to the U.S. Supreme Court.

Attorneys for death row inmates argued Oklahoma's lethal injection protocols challenged the U.S. Constitution's Eighth Amendment ban of cruel and unusual punishment.

Oklahoma uses midazolam to first render the inmate unconscious, then vecuronium bromide as a muscle relaxant, and potassium chloride to stop the heart.

Appeals judges wrote the prisoners' challenge must show 1) Oklahoma's execution method presents "a substantial risk of severe pain"; and 2) the risk is substantial compared to other methods.

They said prisoners met the second prong — and the first prong is already set to be determined in a federal trial.

U.S. District Court for the Western District of Oklahoma Judge Stephen Friot previously set a trial for Feb. 28, 2022, to determine if midazolam "will reliably render the prisoner insensate to pain" long enough to avoid an "unacceptable level of pain."

Not only is there evidence supporting substantial risk, we believe evidence supports that it's time to end the death penalty in Oklahoma.

Clayton Lockett's April 24, 2014, lethal injection made headlines and brought scrutiny on Oklahoma for botching the execution. Lockett, convicted in 2000 of murder and several other charges, was deemed unconscious before it took 43 minutes for him to die in what appeared to be a state of agony.

A state investigation later found an IV was not properly monitored in Lockett's groin, which can't be attributed to whether any of the drugs present substantial risk. However, it's a reminder that human error is also a factor in carrying out executions and can lead to cruel and unusual circumstances.

Oklahoma again took heat for the 2015 lethal injection of Charles Warner, who was convicted of the rape and murder of an infant. It was later discovered the state used potassium acetate in the execution instead of the then-approved potassium chloride.

The state was getting ready to proceed with execution of death row inmate Richard Glossip using the same unapproved mixture before then-Oklahoma Gov. Mary Fallin issued a stay in the last 30 minutes.

Officials considered other methods, training and protocols before announcing in February 2020 that Oklahoma would resume lethal injections using the same three-drug combination it used in Lockett's 2014 execution.

So after nearly seven years, we're back at square one.

We hope that additional training and improved equipment help any future executions proceed under more humane circumstances.

But Oklahomans must also consider that sanctity of human life extends to people guilty of crimes and people falsely accused of them.

The case of Julius Jones gained notoriety after details throughout brought his guilt into question, leading to documentaries and droves of supporters. It's not only a question of his guilt or innocence, but a question of human error along the way.

Pew Research polls show 60% of American adults support the death penalty for someone convicted of murder — yet only 30% of those supporters say the system keeps innocent people from being executed.

Data also suggests executions don't lower homicide rates. A DPIC study of FBI Uniform Crime Reports over 30 years shows the south consistently has the highest murder rate by region and accounts for more than 80% of executions.

With Oklahoma reverting to its execution protocols with a history of failure and lingering questions in at least some of the cases, the sanctity of human life should not face risks.

We believe evidence supports a permanent moratorium on the death penalty in Oklahoma.

—McAlester News-Capital Editorial Board