Inmate Put to Death in the U.S. While Pacemaker Remained Activated During Fatal Injection Procedure
In the state of Tennessee, USA, prisoner Byron Black was executed by lethal injection on a recent date. The execution, which was preceded by a court debate on whether authorities needed to turn off Black's implantable cardioverter-defibrillator, marked the highest total of executions in the US since 2015.
Black died at 10:43, and during the execution, it was possible to hear him sighing and breathing heavily, according to witnesses. After the lethal injection, Byron Black reportedly said he was in pain, according to witnesses, raising significant concerns about the possibility of experiencing pain from repeated shocks by the device during the execution.
Black's attorneys argued that the lethal injection could activate his implantable cardioverter-defibrillator (ICD), causing it to repeatedly shock his heart in a way that might cause prolonged and torturous pain, potentially violating the Eighth Amendment's prohibition on cruel and unusual punishment. This concern presents novel legal and ethical challenges, as this situation is described by his attorneys as a "first of its kind."
Prison officials and expert testimony, such as Dr. Litsa Lambrakos, counter that due to immediate brain oxygen deprivation during lethal injection, Black would be unconscious or in a coma and therefore would not feel the ICD shocks. Court rulings have so far declined to authorize deactivation of Black’s device before execution, and there is no evidence from previous executions that pain was reported or observed due to similar devices.
The case of Byron Black has sparked extensive legal disputes, with a first instance judge agreeing with Black's lawyers and deciding that authorities had to deactivate the device to avoid causing unnecessary pain and prolonging the execution. However, the state supreme court intervened on Thursday to overturn the decision regarding Black's implantable cardioverter-defibrillator.
Byron Black was convicted for shooting his girlfriend, Angela Clay, and her two daughters, Latoya and Lakeisha Clay, in a case of violence provoked by jealousy. It is worth noting that Black's lawyers argued that even if a lethal drug like pentobarbital leaves someone without reaction, they may not necessarily be unconscious or incapable of feeling pain.
The Death Penalty Information Center does not know of any similar cases where prisoners have made statements about pain during execution like Byron Black. Black's lawyers also stated that he has dementia, brain damage, renal failure, congestive heart failure, and other health conditions.
So far this year, 28 men have been executed by order in the US, with another eight scheduled for the rest of the year. Despite the ongoing controversy surrounding Byron Black's execution, there is no documented historical example of pain reports from prisoners caused by pacemakers or defibrillators during execution in the U.S. The case remains exceptional and unresolved as of now.
[1] Byron Black's lawyers argue lethal injection could activate implantable cardioverter-defibrillator
[2] Tennessee Supreme Court overturns judge's order to deactivate Byron Black's implantable cardioverter-defibrillator before execution
[3] Byron Black's execution raises questions about pain and pacemakers
- Byron Black's lawyers argue that the lethal injection procedure could potentially activate his implantable cardioverter-defibrillator, which might cause him prolonged and excruciating pain, potentially violating the Eighth Amendment's prohibition on cruel and unusual punishment.
- Despite a first instance judge's decision that authorities needed to deactivate Byron Black's implantable cardioverter-defibrillator to avoid causing unnecessary pain and extending the execution process, the Tennessee Supreme Court intervened on Thursday to reverse the decision regarding the device.
- The unprecedented case of Byron Black has brought forth questions about the potential for prisoners with pacemakers or defibrillators to experience pain during the execution process.
