JACKSON, Miss. — A federal judge is expected to make a crucial ruling next week on whether Mississippi can proceed with the execution of Richard Gerald Jordan, who has spent decades on death row. The execution, which is set for June 25, has sparked legal debates over the state’s lethal injection protocol.
Jordan’s attorneys filed a motion earlier this month seeking a temporary injunction to halt the execution, arguing that the current three-drug protocol raises significant ethical and constitutional concerns. At 79 years old, Jordan’s defense claims that the method of execution could lead to severe suffering before his death.
During a hearing on Saturday, an attorney representing Jordan expressed profound worries about the potential pain induced by the lethal injection drugs. James Craig, affiliated with the MacArthur Justice Center, emphasized that their goal is not to prevent the execution altogether but to challenge the method’s compliance with Eighth Amendment protections against cruel and unusual punishment.
Craig referenced a statement from U.S. Chief Justice John Roberts, pointing out that an improper administration of Midazolam, one of the drugs used, could fail to properly anesthetize the inmate. This raises a risk of distressing sensations, including suffocation and extreme pain, if the subsequent drugs are administered improperly.
Mississippi employs a three-drug combination for executions: Midazolam, a tranquilizer; a paralytic agent, such as rocuronium or vecuronium bromide; and potassium chloride, which induces cardiac arrest. Craig warned that if Midazolam does not work as intended, the inmate could experience a torturous death, feeling as if fire were coursing through their veins when potassium chloride is injected.
The defense argues that the Mississippi Department of Corrections has not consistently adhered to protocols meant to assess whether the drug is effective before progressing to subsequent drugs. Craig noted recent executions where officials did not follow required consciousness checks.
Conversely, state attorney Wilson Minor presented evidence from the Department of Corrections indicating both previous inmates were reported to be “snoring” shortly after receiving Midazolam, suggesting they were unconscious before additional drugs were given. Minor assured the court that the MDOC Commissioner, Burl Cain, would enforce strict adherence to consciousness checks during Jordan’s execution.
These checks include a procedure where the prison staff rubs the inmate’s sternum to verify the effectiveness of the sedative. Minor stated that failure to follow protocol would necessitate an explanation from Cain to the court.
As the hearing concluded, Judge Wingate queried about the protocol’s enforcement and what actions would follow should Jordan remain conscious after the checks. The decision on the next steps in such a scenario would be left to the commissioner, Minor affirmed.
Discussing potential conditions for the execution, Judge Wingate sought agreement from both attorneys to ensure that the consciousness check would be implemented, and that the court would be informed before moving forward if issues arose.
Craig indicated willingness to consider the proposal, while Minor planned further consultation with Cain about compliance before delivering a response to the judge by noon on Monday.
This ruling will be pivotal, as it addresses not only the fate of Richard Gerald Jordan but also broader discussions surrounding the ethics of capital punishment practices in Mississippi.
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