MCC Letter to the House of Representatives: Opposition to HB 820, Execution Team

To: Members of the Missouri House of Representatives

From: Missouri Catholic Conference

Date: April 2, 2007

Re: Opposition to HB 820, Execution Team

HB 820 provides that the identities of the Department of Corrections execution team shall be confidential and not subject to discovery, subpoena, or other means of legal compulsion. Furthermore, any execution protocol of the Department of Corrections is a closed record, except for the provision that directly relates to the administration of lethal gas or chemicals.

The Missouri Catholic Conference opposes HB 820 in its current form because it prevents accountability and oversight on the execution process. While the MCC is opposed to all executions on moral grounds, if the state is to carry out capital punishment, there needs to be public assurance that the execution is being carried out in a competent, professional manner that respects the dignity of all involved. This bill cloaks the execution process in a veil of secrecy.

Missouri has carried out 66 executions since 1989. At least two of those executions, Emmitt Foster in 1995 and Bert Hunter in 2000, had problems connected to the competency of the execution team. In Foster’s case the execution was halted when the chemicals stopped circulating (as it was later determined) due to the tightness of the leather straps that bound Foster to the execution gurney. With Foster gasping and convulsing, the blinds were drawn so the witnesses could not view the scene. Death was pronounced thirty minutes after the execution began, and three minutes later the blinds were reopened so the witnesses could view the corpse. Mr. Hunter had an apparent reaction to the lethal drugs, which from similar cases in other states has been attributed to either an incorrect drug dosage or in administering the drugs too quickly. Hunter repeatedly coughed, had convulsions and gasped for air before he lapsed into unconsciousness. HB 820 could potentially be used to cover-up future mishaps, accidents, and other extraordinary means used to prepare and carry out an execution.

Executions in our state are currently on hold as Missouri’s execution protocol is being challenged in federal court. The federal judge ordered the stay after testimony from the Missouri doctor who had assisted in state executions since 1995. In a deposition to the court the doctor testified that the execution protocol was not written down and that he had independent authority to change it. He also admitted that he was dyslexic and that he sometimes transposed figures. It is apparent that the court felt there was disorganization in the way executions were being carried out in Missouri.

As written this bill could prevent even judicial or governmental review of the execution process. Without oversight Missourians won’t have access to information regarding whether the execution team members are properly trained and can carry out the execution in a competent manner that doesn’t violate the constitution’s ban on cruel or unusual punishment.

Some may argue that this bill is necessary to protect the safety of the execution team. The MCC recognizes that the execution team members perform a difficult task and certainly does not wish harm to come to them or their families. However, the MCC also believes there are ways to provide legitimate oversight to the execution process while still protecting the safety of the team members.

Capital punishment is a serious public policy. As such it deserves more public oversight, not less. Therefore, the Missouri Catholic Conference urges you to vote “NO” on HB 820.