THURSDAY, MAY 1, 2014 Execution scrutiny rages Gov. Mary Fallin orders a review of the botched of Clayton Lockett.

BY CARY ASPINWALL | WORLD STAFF WRITER & ZIVA BRANSTETTER | WORLD ENTERPRISE EDITOR

Oklahoma’s botched execution Tuesday be- aminer’s Office issued a statement that “pursuant came the subject of intense international scrutiny to the governor’s order,” Lockett’s body had been as questions emerged on whether the use of an taken to the Dallas County Medical Examiner’s unproven drug protocol led to an inhumane death Office “for a complete post mortem examination.” for inmate Clayton Lockett. President Barack Obama weighed in on the Legal ramifications controversy, saying through a spokesman that the White House spokesman Jay Carney said the execution fell short of humane standards. execution fell short of the humane standards Lockett writhed, strained and mumbled on the required when the death penalty is carried out. gurney inside Oklahoma’s execution chamber He said President Obama believes that evidence Tuesday night, appearing to remain conscious and shows the death penalty doesn’t effectively deter lift his head long after a primary dose of the seda- crime but that some crimes are so heinous that tive midazolam was administered to knock him the death penalty is merited. out. Officials closed the blinds to media witnesses But Carney said the U.S. has a fundamental 16 minutes after the injection began, and Lockett standard that the death penalty must be carried reportedly died of a massive heart attack less than out humanely. He said everyone would recognize 20 minutes later. that this case fell short. David Autry, one of two defense attorneys for University of Tulsa law professor Lyn Entze- Lockett who witnessed the execution, said it was roth, a national expert in death-penalty issues, apparent that his client was not fully sedated. said there are legal actions Lockett’s attorneys “He was experiencing a great deal of pain,” Au- could take as a result of what happened to their try said. “For them to claim that he was sedated client Tuesday, but she said “complicated ques- appropriately and adequately is ridiculous.” tions” remain about how they would go about it. It was the first time this combination and They may attempt to prove that their cli- dosage of midazolam, vecuronium bromide and ent suffered “cruel and unusual” punishment in potassium chloride had been used in a U.S. execu- violation of his Eighth Amendment rights. While tion. It was one of five different combinations the executions are legal in Oklahoma and other states, Oklahoma Department of Corrections has ap- the Constitution “does require that those execu- proved as policy to use in its executions. tions be carried out in a way that does not involve Gov. Mary Fallin announced that there would gratuitous pain and suffering and does not involve be an “independent review” of what happened torture,” Entzeroth said. during what was supposed to be the first double “What we saw (Tuesday) night raises some very execution in Oklahoma since 1937. Inmate Charles serious questions about the protocol used by the Warner, who was supposed to be executed two state of Oklahoma,” she said. hours after Lockett, received a stay until May 13 Although both Lockett and Warner were con- for the state to review its execution procedures. victed of heinous crimes, she said, they have con- “I believe the legal process worked. I believe stitutional rights that no state may violate. The the death penalty is the appropriate response Eighth Amendment says that “excessive bail shall and punishment for those who commit heinous not be required, nor excessive fines imposed, nor crimes against their fellow men and women,” Fall- cruel and unusual punishments inflicted.” in said. “However, I also believe the state needs to “The Eighth Amendment was ratified by our be certain of its protocols and its procedures for founding fathers,” she said. “Execution is an executions and that they work. For that reason, I incredible use of power by the states. ... The state asked last night for a review of the Department of cannot kill someone in a manner that would be Corrections execution protocols.” cruel and unusual — even if it’s someone who is a She appointed Public Safety Commissioner Mi- bad guy — because we are a government, and we chael Thompson to conduct the review. have to comply with the Constitution and with Late Wednesday, the Oklahoma Medical Ex- the rule of law.” Sports: OU football picks Weekend: We find Tulsa’s up No. 1 ranking. B1 best barbecue dishes. www.tulsaworld.com final home edition THURSDAY $1.00 May 1, 2014

SERVING NORTHEAST OKLAHOMA SINCE 1905 Execution scrutiny rages • Gov. Mary Fallin orders a review of the botched lethal LETHAL CONSEQUENCES injection of Clayton Lockett. THE DEATH CHAMBER BY CARY ASPINWALL World Staff Writer AND ZIVA BRANSTETTER World Enterprise Editor

Oklahoma’s botched execution Tuesday be- came the subject of intense international scru- tiny as questions emerged on whether the use of an unproven drug protocol led to an inhu- mane death for inmate Clayton Lockett. President Barack Obama weighed in on the controversy, saying through a spokesman that the execution fell short of humane standards. Lockett writhed, strained and mumbled on the gurney inside Oklahoma’s execution cham- ber Tuesday night, appearing to remain con- scious and lift his head long after a primary dose of the sedative midazolam was administered to knock him out. Officials closed the blinds to media witnesses 16 minutes after the injection

SEE STATE A6

For more • Ziva Branstetter witnessed the execution. Read her minute-by-minute account. A6 • Clayton Lockett’s mother demands a thor- ough investigation, expressing sorrow for her son and his victim. A8 • Media reaction from around the world. A8 • It was a fiasco that can’t be repeated. See the Editorial and Bruce Plante’s cartoon. A14 Clayton Lockett’s botched execution took place in the death chamber on H Unit at the Oklahoma State Penitentiary in McAlester. The Oklahoman file

THE REVIEW THE CORRECTIONS DIRECTOR

TULSAWORLDTV.COM Watch the videos • The World’s Cary Aspinwall and Ziva Brans- tetter discuss the latest developments. • Gov. Mary Fallin speaks to the media but doesn’t take questions. • Throwback Thursday blog: This wasn’t Okla- homa’s first botched execution. tulsaworld.com Officials quiet on full protocol of execution

BY ZIVA BRANSTETTER Gov. Mary Fallin appointed Commissioner of Public Safety Robert Patton became director of the Oklahoma Department of Correc- World Enterprise Editor Michael Thompson (back) to conduct an “independent review” tions in January. He was present during Tuesday’s execution, the second of what happened on Tuesday. ALONZO ADAMS/Associated Press since he became director. JOHN CLANTON/Tulsa World State officials refused to say Wednesday whether attempts were made to revive an in- President Barack mate following a botched execution. THE RESPONSE Obama’s spokes- THE KILLERS Inmate Clayton Lockett spent three min- man said Wednes- Clayton Lockett (left) utes writhing in pain at the Oklahoma State day that the execu- died Tuesday after Penitentiary before officials said they tion fell short of officials halted his -ex had halted his execution. Shades were drawn the humane ecution, in which the in the execution chamber 16 minutes after the standards required state was using a new execution began, preventing media witnesses when the death drug combination. from seeing what happened to Lockett, 38. penalty is carried Charles Warner was Department of Corrections Director Robert out. scheduled to die two Patton later said Lockett had been pronounced Associated Press file hours later. His execu- dead of a heart attack at 7:06 p.m., a total of 43 tion was postponed at minutes after the execution began. least 14 days. SEE BOTCH A6 Teen pregnancies St. John memo has still a state problem birth control curb BY GINNIE GRAHAM and Unplanned Pregnancy. • Prescription pads said the memo means many World Staff Writer Some of those states doctors won’t be able to pre- had fewer births, includ- can’t contain the scribe birth control because Oklahoma dropped its ing North Dakota, which hospital’s name. they don’t have prescription teen pregnancy rate by 30 saw a decline of 19 percent pads without a company percent since its peak in but logged only 14,412 teen BY SHANNON MUCHMORE name or logo. 1991, but that wasn’t enough births since 1991, compared World Staff Writer The physician expressed to move it from being No. 2 to Oklahoma’s 152,467 teen shock at the memo. in the nation, according to births in that time. A recent memo from a St. “It amazes me that in to- recently released data. While the national cam- John Health System vice day’s world — in 2014 — we’re The national rate de- paign uses figures through president to all departments still having this conversa- clined 52 percent in the 2010, state birth data states that written or elec- tion,” the physician said. same years, and only five through 2012 has been re- Frida Mosqueda, 17, spends time with her son Adrian Barrios, tronic prescriptions for con- The physician didn’t know states had slower gains in leased, said Kim Schutz, di- 6 months, during lunch hour at Street School on Wednesday. traceptives must not contain whether the health system preventing teen pregnancy, rector of the Tulsa County Oklahoma has improved its teen pregnancy birth rate, but not fast the St. John name or logo. would be supplying doctors according to the National enough to move from being No. 2 in the nation. A St. John physician who Campaign to Prevent Teen SEE BIRTHS A4 JAMES GIBBARD/Tulsa World asked not to be identified SEE PILL A4

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E3 • twitter.com/tulsaworld 8 1 1 7 7 5 0 0 0 0 1 6 A 6 n n Thursday, May 1, 2014 EYEWITNESS ACCOUNT: THE EXECUTION OF CLAYTON LOCKETT BOTCH Three-drug protocol Oklahoma’s execution Editor’s Note: Tulsa World Enter- and several other state officials no notice that the inmate was like several minutes pass before FROM A1 prise Editor Ziva also file in, sitting in the front row. unconscious, just a pronounce- Thompson is summoned out to protocol allows officials Branstetter was ment of death after about eight the hallway. Lockett was injected with to choose from five drug one of 12 media 6:23 p.m.: The beige blinds minutes without much reaction midazolam, a sedative, and combinations. The state witnesses to at- covering four windows into the from the inmate. Approximately 6:50 p.m.: Patton then was supposed to be in- chose the fifth option for tend a botched execution chamber are raised comes back to the viewing room jected with vecuronium bro- the scheduled executions execution and the execution is set to begin 6:36 p.m.: Lockett kicks his right and says the execution has been mide, a paralytic drug intend- of two inmates Tuesday Tuesday at the — 23 minutes past its scheduled leg and his head rolls to the side. “stopped. We’ve had a vein ed to stop the breathing; and night. Here are the three Oklahoma State time. This execution has taken He mumbles something we can’t failure in which the chemicals drugs chosen by the state. potassium chloride, a drug in- 1. Midazolam: Penitentiary in longer to start than the three understand. did not make it into the offender. tended to stop the heart. A sedative, 50 Branstetter McAlester. Here others I have covered and other … Under my authority, we are milligrams in each arm. It is unclear how much of 2. Vecuronium bromide: is her account of what happened: media witnesses remark on the 6:37 p.m.: The inmate’s body issuing a stay for the second the drugs were administered, Para- slow start as well. Oklahoma starts writhing and bucking and execution.” The announce- DOC officials said. lytic drug intended to stop 5:30 p.m.: Reporters are taken in State Penitentiary Warden Anita it looks like he’s trying to get up. ment is stunning and leaves us Alex Weintz, a spokesman breathing, 20 milligrams two white vans to the prison’s Trammell asks Lockett, covered Both arms are strapped down wondering what has happened for Gov. Mary Fallin, referred in each arm. The drug “will , called H unit, to up to his shoulders by a white and several straps secure his to Lockett. questions to DOC about what not be administered until attend the execution. Media sheet, whether he has any last body to the gurney. He utters Patton leaves for about 10 happened to Lockett before at least 5 minutes after the witnesses can take nothing with words. “No,” is all he says. This another unintelligible state- more minutes and reporters his death. beginning of the adminis- them into death row, not even isn’t especially surprising. Earlier, ment. Defense Attorney Dean at the end of our row begin tration of the midazolam.” A spokesman said the agen- 3. Potassium chloride: a watch, and are issued a spiral Lockett rejected his last meal Sanderford is quietly crying in the interviewing Sanderford and cy would not comment on the A drug notebook and pen after being after being told he couldn’t have observation area. defense attorney David Autry, execution or make a state- intended to stop the heart, searched by correctional offi- a particular kind of steak. “Let the both clearly upset by the turn of ment Wednesday. 50 cc in each arm. cers. We are taken to the death execution begin,” Trammell says. 6:38 p.m.: Lockett is grimacing, events. “They will save him so Officials said previously row law library where we wait Inside the room are four other grunting and lifting his head they can kill him another day,” that Lockett died on the gur- testified or consulted in about with two prison officials to be people, including a physician and and shoulders entirely up from Autry says. ney and was not removed eight death penalty cases, said taken to the execution viewing a uniformed correctional officer. the gurney. He begins rolling We are told to leave the view- from the execution chamber he is not aware of another ex- chamber. his head from side to side. He ing chamber and are escorted before his death. ecution using the same three- 6:28 p.m.: Fifty milligrams of again mumbles something we back to a waiting white prison Records show DOC’s new drug combination used by 5:40 p.m.: Inmates can be heard midazolam have been injected can’t understand, except for the van. We have to tear the notes execution protocol, approved Oklahoma on Tuesday. banging loudly on cell doors into each of Lockett’s arms to word “man.” He lifts his head and out of the spiral notebook and April 14, lists no policies for After conferring with the throughout death row, which start the process, an attempt to shoulders off the gurney several leave it plus the pen behind. An- such situations. It allows the physician, OSP Warden Anita prison officials explain is a sign sedate him before the second times, as if he’s trying to sit up. other van is on the way so I stay prison to choose from five Trammell declared Lockett of respect for the inmate to be and third drugs are administered He appears to be in pain. behind with reporters from The drug combinations, includ- was unconscious at 6:33 p.m., executed. Not all inmates receive to stop the breathing and the Associated Press, The Oklaho- ing the untested combination 10 minutes after the procedure such a sendoff; it just depends on heart. Lockett has spent the past 6:39 p.m.: The physician walks man, OETA and The Guardian used Tuesday. began. Less than five minutes whether other inmates liked the several minutes blinking and oc- around to Lockett’s right arm, lifts to compare notes. After every A physician in the ex- later, a World reporter and oth- condemned inmate. casionally pursing his lips. up the sheet and says something execution, it’s important that ecution chamber declared er witnesses to the execution to Trammell. “We’re going to reporters compare last words Lockett unconscious. DOC saw Lockett convulsing and 5:50 p.m.: We are taken from the 6:29 p.m.: Lockett’s eyes are lower the blinds temporarily,” she and other observations to make officials cited the state’s exe- writhing, apparently in pain. law library down a long sterile closed and his mouth is open says. The blinds are lowered and sure they have the most accurate cution secrecy law in refusing He tried to speak, although hall, around a corner and into slightly. we can’t see what is happening. version of events possible. to identify the doctor. what he said was not clear. the viewing chamber. Media wit- Reporters exchange shocked David Autry, one of two Waisel said people who are nesses file into the back row of 6:31 p.m.: The doctor checks Lock- glances. Nothing like this has 7:06 p.m.: Lockett is pronounced defense attorneys for Lockett unconscious are not capable two rows of metal folding chairs. ett’s pupils and places his hand happened at an execution any dead in the execution chamber who witnessed the execution, of speaking and bodily move- Before the execution starts, on the inmate’s chest, shaking of us has witnessed since 1990, from a heart attack. The news of told the World: “This was ob- ments. Waisel said given the witnesses for the crime victim, him slightly. “Mr. Lockett is not when the state resumed execu- his death is provided to reporters viously a botched execution. ... timeline and drugs used, “it Stephanie Neiman, file into a sep- unconscious,” Trammell states. tions using lethal injection. by Patton during a brief state- For them to claim that he was is possible that he received arate viewing room for victims’ ment at the media center on the sedated appropriately and ad- enough midazolam to make relatives so they can watch the 6:33 p.m.: The doctor checks 6:40 p.m.: A black landline phone prison grounds. He explains to equately is ridiculous.” him sleepy, but not the full in- process through one-way glass. Lockett a second time after a rings in the viewing chamber and reporters that prison officials Autry said he is unaware of tended dose.” Two attorneys for inmate Clayton full minute without movement. Patton leaves to take the call, do not know how much of the what happened to Lockett af- He said if the second and Lockett, his only witnesses, sit in “Mr. Lockett is unconscious,” stretching the phone cord out second and third drugs entered ter the blinds were drawn. third drugs were administered front of us. Department of Public Trammell states. It seems like into the hall and closing the door Lockett’s body. “All I know is Director directly to Lockett’s blood Safety Commissioner Michael it took longer than expected for behind him. Though the clock on “His line failed,” Patton says. (Robert) Patton came in and stream through a vein “he Thompson, Department of Cor- this to occur. In past executions the wall in the execution cham- When asked what that means, said he was halting the ex- would have died right away.” rections Director Robert Patton I have attended, there has been ber is no longer visible, it seems Patton adds: “His vein exploded.” ecution,” he said. “I assumed “What I suspect happened that they were going to try to was that the two drugs were revive him. What efforts if any not injected into the vein, but Secrecy vs. transparency Methods of execution in the states Sheriff Charlie Hanger, - for they made to revive him or were injected in the soft tis- With death penalty - 32. Without death penalty - 18 mer Noble County Sheriff try to counteract the drugs, I sue around the vein,” he said. The inmates’ executions hadSTATE been postponed Jerry Cook, District Attorney don’t know.” “That can be very painful, and WA NH FROM A1 VT ME by a series of court challenges to an Oklahoma law MT ND Brian Hermanson and mem- Autry questioned DOC’s would be consistent with the MA OR MN bers of the media. statement that Lockett’s vein reaction being reported.” that allows certain details of the execution proce- WI began, and Lockett reportedly ID SD NY Lockett was convicted had collapsed, preventing full Waisel said because so many died of a massive heart attack MI in the 1999 shooting death administration of the drugs. minutes had elapsed between dure to be concealed from the public. WY** PA RI less than 20 minutes later. IA NJ CT of Stephanie Neiman, 19, of NV NE OH “I’m not a medical profes- administering of the midazol- After Fallin intervened, the SupremeDavid Autry, Court one ofdis two- de- IL IN DL Perry. sional, but Mr. Lockett was am and Lockett’s violent reac- UT** CO WV VA MD solved its own stay, with one justicefense attorneysdeclaring for that Lockett CA KS MO KY* Neiman’s parents, Steve not someone who had com- tion, “clearly this sounds like the inmates had no more rightwho to know witnessed the the details execution, NC and Susie Neiman, and her promised veins,” Autry said. a new injection of something said it was apparent that his TN* aunt and uncle also wit- AZ* OK** AR* SC “He was in very good shape. that was very painful.” they sought than they would theclient type was of not rope fully withsedated. NM DC nessed the execution. He had large arms and very Attorney General Scott AL GA which an inmate would be hanged.“He was experiencing a MS prominent veins.” Pruitt’s office said in a state- LA Calls for a moratorium State Attorney General Scottgreat Pruitt, deal ofwho pain,” for Autry said. TX Autry said the state’s pledge ment Tuesday that an expert “For them to claim that he was AK FL to investigate the botched ex- witness had testified in court months fought hard against anysedated further appropriately delays to and ad- At a Capitol press confer- ecution before Warner’s death cases to the safety of midazol- Lockett’s or Warner’s executions,equately issued is ridiculous.” a state- ence Wednesday, Sen. Con- “is not going to cut it.” am used in Florida executions. It was the first time this HI stance Johnson, D-Forest “They are going down the Pruitt’s statement cited ment Wednesday saying it wascombination important and“to dosage of Park, and Rep. Seneca Scott, same path they’ve gone down court testimony by Dr. Mark ascertain what transpired and midazolam,to ensure vecuroniumthe death bro- Lethal injection *Alternatives allowed retroactively. D-Tulsa, said they will intro- before trying to get this done Dershwitz, professor of anes- penalty is administered correctly.”mide and potassium chloride **Alternatives provided if injection is ruled unconstitutional. duce a resolution calling for at all costs regardless,” he said. thesiology at the University of had been used in a U.S. execu- Lethal injection or gas in Missouri. Injection or hanging in New Hampshire. a moratorium on executions “… That’s going to be a white- Massachusetts, that “a 50 mg Pruitt advocated for transparencytion. It was in onethe of fact- five different Lethal injection or alternative – prisoner can choose. until an independent, thor- wash. They are going to paper dose prevented his patients finding surrounding Lockett’scombinations execution. the Oklahoma ough investigation can be over this.” from perceiving the noxious Department of Corrections Death penalty abolished. conducted. A medical expert who has stimuli associated with neuro- “It’s equally important that hasany approved such review as policy be to use Abolished, but retroactive executions remain. Johnson conceded that the testified in death penalty cas- surgery.” conducted with a commitmentin to its objectivity,”executions. he Source: deathpenaltyinfo.org / Washington Post DAVID HOUSH/Tulsa World proposal was unlikely to be es said, based on witness ac- “The state is using twice as Gov. Mary Fallin announced considered during the cur- counts, Lockett was conscious much midazolam (100 mg) in said. that there would be an “inde- this case fell short. certain details of the execu- rent legislative session but and experienced a painful ex- the executions of Lockett and Pruitt said he was designatingpendent a special review” adviser of what hap- likelyUniversity to be considered of Tulsa law during tion the procedure current to legisla be con-- said it is time for the state ecution. Warner,” Pruitt’s statement to assess the results of the independentpened during review what wasof sup- tiveprofessor session Lyn but Entzeroth, said it is atime cealed for from the thestate public. to have to have a conversation about Dr. David Waisel, associate says. However, Florida uses posed to be the first double national expert in death-pen- After Fallin intervened, the the issue. professor of anesthesiology at 500 milligrams of midazolam Lockett’s execution, as well asexecution DOC’s procedures. in Oklahoma since aalty conversation issues, said there about are legalthe issue.Supreme Court dissolved its According to the Death Harvard Medical School, said in its executions, records show. Neither Fallin nor Pruitt attended1937. Inmate Tuesday’s Charles Warner, actionsAccording Lockett’s to the attorneys Death Penaltyown stay, withInformation one justice de- Penalty Information Center, midazolam is typically given execution at the Oklahoma Statewho Penitentiary was supposed into be exe- Center,could take the as statea result ranked of what first claring nationally that the inmatesin per had the state ranked first nation- in small doses to patients be- Ziva Branstetter 918-581-8306 cuted two hours after Lockett, happened to their client Tues- no more right to know the ally in per capita executions fore surgery. Waisel, who has [email protected] McAlester. received a stay until May 13 for capitaday, but executions she said “complicated between details 1976 andthey sought2011. than they between 1976 and 2011. Department of Corrections theDirector state to Robert review its execu- questions”Dean Sanderford, remain about an how attorney would thewho type witnessed of rope with Dean Sanderford, an attor- tion procedures. they would go about it. which an inmate would be ney who witnessed Lockett’s Patton and Thompson witnessed“I it, believe along the with legal process Lockett’sThey may execution, attempt to provesaid: “Wehanged. need to stop killing execution, said: “We need to Noble County Sheriff Charlie worked.Hanger, I former believe the death peoplethat their until client we know suffered whether State we Attorneycan do it Generalin a stop killing people until we penalty is the appropriate re- manner“cruel and consistent unusual” punishwith -theScott Constitution.” Pruitt, who for months know whether we can do it Noble County Sheriff Jerry Cook,sponse District and punishment Attor- for ment in violation of his Eighth fought hard against any fur- in a manner consistent with ney Brian Hermanson and membersthose who of the commit media. heinous AmendmentSanderford, rights. an While assistant ex- therfederal delays public to Lockett’s defender or the Constitution.” Lockett was convicted in thecrimes 1999 shooting against their fellow whoecutions also are represented legal in Oklahoma Lockett, Warner’s was executions,in tears as issued he Sanderford, an assistant men and women,” Fallin said. and other states, the Constitu- a statement Wednesday say- federal public defender who death of Stephanie Neiman, 19,“However, of Perry. I also believe the watchedtion “does Tuesday’s require that botched those ing procedure. it was important He said “to ashe- also represented Lockett, Neiman’s parents, Steve andstate Susie needs Neiman, to be certain and of its hasexecutions no confidence be carried in out Fallin’s in certain decision what transpiredto appoint and was in tears as he watched protocols and its procedures aa Cabinet-level way that does notmember involve of toher ensure administration the death penalty is Tuesday’s botched proce- her aunt and uncle also witnessedfor executions the execution. and that they gratuitous pain and suffering administered correctly.” dure. He said he has no con- work. For that reason, I asked insteadand does of not a involveneutral torture,” party to examinePruitt advocated what for hap trans- - fidence in Fallin’s decision Calls for a moratorium last night for a review of the pened.Entzeroth said. parency in the fact-finding to appoint a Cabinet-level Department of Corrections “In“What order we to saw understand (Tuesday) surroundingexactly what Lockett’s went execu - member of her administra- At a Capitol press conferenceexecution Wednesday, protocols.” Sen. night raises some very serious tion. tion instead of a neutral Constance Johnson, D-Forest Park,She appointedand Rep. Public Safe- wrongquestions in aboutlast night’s the protocol horrific “It’s execution, equally important and that party to examine what hap- ty Commissioner Michael restoreused by any the stateconfidence of Oklaho in- anythe suchexecution review beprocess, conduct - pened. Seneca Scott, D-Tulsa, said theyThompson will introduce to conduct a the re- ma,” she said. ed with a commitment to ob- “In order to understand resolution calling for a moratoriumview. on executions theAlthough death of both Clayton Lockett Lockett and jectivity,” must hebe said. investigated exactly what went wrong until an independent, thorough Lateinvestigation Wednesday, can the Okla- byWarner a truly were independent convicted organization, of Pruitt said not he a was state desig - in last night’s horrific ex- homa Medical Examiner’s employeeheinous crimes, or agency,” she said, theyhe said. nating a special adviser to ecution, and restore any be conducted. Office issued a statement that have constitutional rights assess the results of the inde- confidence in the execution Johnson conceded that the proposal“pursuant was to the un governor’s- that no state may violate. The pendent review of Lockett’s process, the death of Clay- order,” Lockett’s body had Eighth Amendment says that execution, as well as DOC’s ton Lockett must be investi- been taken to the Dallas Coun- “excessive bail shall not be re- procedures. gated by a truly independent ty Medical Examiner’s Office quired, nor excessive fines im- Neither Fallin nor Pruitt organization, not a state em- “for a complete post mortem posed, nor cruel and unusual attended Tuesday’s execu- ployee or agency,” he said. examination.” punishments inflicted.” tion at the Oklahoma State “The Eighth Amendment Penitentiary in McAlester. Cary Aspinwall 918-581-8477 OfficialsLegal ramifications quiet was on ratified full by our foundingprotocol Department of Correc- [email protected] fathers,” she said. “Execution tions Director Robert Patton White House spokesman is an incredible use of power and Thompson witnessed Ziva Branstetter 918-581-8326 Jay Carneyof said exectution the execution by the states. … The state can- it, along with Noble County [email protected] SPECIAL OCCASION GIFT BOX SET fell short of the humane stan- not kill someone in a manner STERLING SILVER &9MM FRESHWATER PEARLS BY ZIVAdards BRANSTETTER | WORLD required when the death that ENTERPRISE would be cruel andEDITOR un- penalty is carried out. He said usual — even if it’s someone It’s the perfect gift for Graduation, Mother’s Day, or any President Obama believes that who is a bad guy — because we special occasion! Set includes 17” pearl strand and 9mm State officials refused to sayevidence Wednesday shows thewheth - death deadare a government,of a heart andattack we have at 7:06 p.m., a total of 43 studs. Pearsl are individually knotted. Gift set comes er attempts were made to revivepenalty an inmate doesn’t effectivelyfol- de- minutesto comply after with the Constituexecution- began.10% OFF boxed, wrapped, and ready to go! ter crime but that some crimes tion and with the rule of law.” * Only $99 Set lowing a botched execution. are so heinous that the death Lockett was injected with midazolam,Hearing Aid a seda Repair- ANY BRAND! Inmate Clayton Lockett spentpenalty three is merited. minutes tive,Secrecy and vs. then transparency was supposed to be injected& Complimentary with Hearing Test writhing in pain at the OklahomaBut State Carney Peniten said the- U.S. has vecuronium bromide, a paralytic drug *Couponintended must be to presented at time of service. a fundamental standard that The inmates’ executions tiary before prison officials saidthe deaththey penalty had halted must be car- stophad beenthe breathing;postponed by and a se potassium- chloride, a drug ® 918-838-1000 his execution. Shades were drawnried out in humanely.the execu He- said ev- intendedries of court to challenges stop the toheart. an 2323 S. Sheridan Rd. • Tulsa, OK eryone would recognize that Oklahoma law that allows HEARING AID www.MyCleartone.com tion chamber 16 minutes after the execution It is unclear how much of the drugsLABORATORIES, were INC. ad- began, preventing media witnesses from seeing ministered, DOC officials said. what happened to Lockett, 38. Alex Weintz, a spokesman for Gov. Mary Fallin, Department of Corrections Director Robert referred questions to DOC about what happened Patton later said Lockett had been pronounced to Lockett before his death. A spokesman said the agency would not com- ment on the execution or make a statement Three-drug protocol Wednesday. Oklahoma’s execution protocol allows Officials said previously that Lockett died on officials to choose from five drug combina- the gurney and was not removed from the execu- tions. The state chose the fifth option for the tion chamber before his death. scheduled executions of two inmates Tues- Records show DOC’s new execution protocol, day night. Here are the three drugs chosen by approved April 14, lists no policies for such situa- the state. tions. It allows the prison to choose from five drug 1. Midazolam: A sedative, 50 milligrams in combinations, including the untested combina- each arm. tion used Tuesday. 2. Vecuronium bromide: Paralytic drug A physician in the execution chamber declared intended to stop breathing, 20 milligrams in Lockett unconscious. DOC officials cited the each arm. The drug “will not be administered state’s execution secrecy law in refusing to iden- until at least 5 minutes after the beginning of tify the doctor. the administration of the midazolam.” David Autry, one of two defense attorneys for 3. Potassium chloride: A drug intended to Lockett who witnessed the execution, told the stop the heart, 50 cc in each arm. World: “This was obviously a botched execution. ... For them to claim that he was sedated appro- priately and adequately is ridiculous.” dure began. Less than five minutes later, a World Autry said he is unaware of what happened to reporter and other witnesses to the execution saw Lockett after the blinds were drawn. Lockett convulsing and writhing, apparently in “All I know is Director (Robert) Patton came in pain. He tried to speak, although what he said was and said he was halting the execution,” he said. “I not clear. assumed that they were going to try to revive him. Waisel said people who are unconscious are What efforts if any they made to revive him or try not capable of speaking and bodily movements. to counteract the drugs, I don’t know.” Waisel said given the timeline and drugs used, “it Autry questioned DOC’s statement that Lock- is possible that he received enough midazolam to ett’s vein had collapsed, preventing full adminis- make him sleepy, but not the full intended dose.” tration of the drugs. He said if the second and third drugs were “I’m not a medical professional, but Mr. Lockett administered directly to Lockett’s blood stream was not someone who had compromised veins,” through a vein “he would have died right away.” Autry said. “He was in very good shape. He had “What I suspect happened was that the two large arms and very prominent veins.” drugs were not injected into the vein, but were in- Autry said the state’s pledge to investigate the jected in the soft tissue around the vein,” he said. botched execution before Warner’s death “is not “That can be very painful, and would be consis- going to cut it.” tent with the reaction being reported.” “They are going down the same path they’ve Waisel said because so many minutes had gone down before trying to get this done at all elapsed between administering of the midazol- costs regardless,” he said. “... That’s going to be a am and Lockett’s violent reaction, “clearly this whitewash. They are going to paper over this.” sounds like a new injection of something that was A medical expert who has testified in death very painful.” penalty cases said, based on witness accounts, Attorney General Scott Pruitt’s office said in Lockett was conscious and experienced a painful a statement Tuesday that an expert witness had execution. testified in court cases to the safety of midazolam Dr. David Waisel, associate professor of anes- used in Florida executions. thesiology at Harvard Medical School, said mid- Pruitt’s statement cited court testimony by Dr. azolam is typically given in small doses to patients Mark Dershwitz, professor of anesthesiology at before surgery. Waisel, who has testified or con- the University of Massachusetts, that “a 50 mg sulted in about eight death penalty cases, said he dose prevented his patients from perceiving the is not aware of another execution using the same noxious stimuli associated with neurosurgery.” three-drug combination used by Oklahoma on “The state is using twice as much midazolam Tuesday. (100 mg) in the executions of Lockett and War- After conferring with the physician, OSP War- ner,” Pruitt’s statement says. However, Florida den Anita Trammell declared Lockett was uncon- uses 500 milligrams of midazolam in its execu- scious at 6:33 p.m., 10 minutes after the proce- tions, records show. Eyewitness account: The execution of Clayton Lockett

Editor’s Note: Tulsa World Enterprise Editor ing him slightly. “Mr. Lockett is not unconscious,” Ziva Branstetter was one of 12 media witnesses to Trammell states. attend a botched execution Tuesday at the Oklaho- 6:33 p.m. The doctor checks Lockett a sec- ma State Penitentiary. Here is her account of what ond time after a full minute without movement. happened Tuesday in McAlester: “Mr. Lockett is unconscious,” Trammell states. It 5:30 p.m. Reporters are taken in two white vans seems like it took longer than expected for this to to the prison’s death row, called the H unit, to occur. In past executions I have attended, there attend the execution. Media witnesses can take has been no notice that the inmate was uncon- nothing with them into death row, not even a scious, just a pronouncement of death after about watch, and are issued a spiral notebook and pen eight minutes without much reaction from the after being searched by correctional officers. We inmate. are taken to the death row law library where we 6:36 p.m. Lockett kicks his right leg and his wait with two prison officials to be taken to the head rolls to the side. He mumbles something we execution viewing chamber. can’t understand. 5:40 p.m. Inmates can be heard banging loudly 6:37 p.m. The inmate’s body starts writhing on cell doors throughout death row, which prison and bucking and it looks like he’s trying to get up. officials explain is a sign of respect for the inmate Both arms are strapped down and several straps to be executed. Not all inmates receive such a secure his body to the gurney. He utters another sendoff; it just depends on whether other inmates unintelligible statement. Defense Attorney Dean liked the condemned inmate. Sanderford is quietly crying in the observation 5:50 p.m. We are taken from the law library area. down a long sterile hall, around a corner and 6:38 p.m. Lockett is grimacing, grunting and into the viewing chamber. Media witnesses file lifting his head and shoulders entirely up from into the back row of two rows of metal folding the gurney. He begins rolling his head from side chairs. Before the execution starts, witnesses for to side. He again mumbles something we can’t un- the crime victim, Stephanie Neiman, file into a derstand, except for the word “man.” He lifts his separate viewing room for victims’ relatives so head and shoulders off the gurney several times, they can watch the process through one-way as if he’s trying to sit up. He appears to be in pain. glass. Two attorneys for inmate Clayton Lockett, 6:39 p.m. The physician walks around to his only witnesses, sit in front of us. Department Lockett’s right arm, lifts up the sheet and says of Public Safety Commissioner Michael Thomp- something to Trammell. “We’re going to lower son, Department of Corrections Director Robert the blinds temporarily,” she says. The blinds are Patton and several other state officials also file in, lowered and we can’t see what is happening. sitting in the front row. Reporters exchange shocked glances. Nothing 6:23 p.m. The beige blinds covering four win- like this has happened at an execution any of us dows into the execution chamber are raised and has witnessed since 1990, when the state resumed the execution is set to begin – 23 minutes past its executions using lethal injection. scheduled time. This execution has taken longer 6:40 p.m. A black landline phone rings in the to start than the three others I have covered and viewing chamber and Patton leaves to take the other media witnesses remark on the slow start call, stretching the phone cord out into the hall as well. Oklahoma State Penitentiary Warden and closing the door behind him. Though the Anita Trammell asks Lockett, covered up to his clock on the wall in the execution chamber is no shoulders by a white sheet, whether he has any longer visible, it seems like several minutes pass last words. “No,” is all he says. This isn’t especially before Thompson is summoned out to the hall- surprising. Earlier, Lockett rejected his last meal way. after being told he couldn’t have a particular kind Approximately 6:50 p.m. Patton comes back to of steak. “Let the execution begin,” Trammell the viewing room and says the execution has been says. Inside the room are four other people, in- “stopped. We’ve had a vein failure in which the cluding a physician and a uniformed correctional chemicals did not make it into the offender. … officer. Under my authority, we are issuing a stay for the 6:28 p.m. Fifty milligrams of midazolam have second execution.” The announcement is stun- been injected into each of Lockett’s arms to start ning and leaves us wondering what has happened the process, an attempt to sedate him before the to Lockett. second and third drugs are administered to stop Patton leaves for about 10 more minutes and the breathing and the heart. Lockett has spent reporters at the end of our row begin interview- the past several minutes blinking and occasionally ing Sanderford and defense attorney David Autry, pursing his lips. both clearly upset by the turn of events. “They 6:29 p.m. Lockett’s eyes are closed and his will save him so they can kill him another day,” mouth is open slightly. Autry says. 6:31 p.m. The doctor checks Lockett’s pupils We are told to leave the viewing chamber and and places his hand on the inmate’s chest, shak- are escorted back to a waiting white prison van. We have to tear the notes out of the spiral note- execution chamber from a heart attack. The news book and leave it plus the pen behind. Another of his death is provided to reporters by Patton van is on the way so I stay behind with report- during a brief statement at the media center on ers from the Associated Press, The Oklahoman, the prison grounds. He explains to reporters that OETA and The Guardian to compare notes. After prison officials do not know how much of the sec- every execution, it’s important that reporters ond and third drugs entered Lockett’s body. compare last words and other observations to “His line failed,” Patton says. When asked what make sure they have the most accurate version of that means, Patton adds: “His vein exploded.” events possible. 7:06 p.m. Lockett is pronounced dead in the