Botched execution #2: Jeffrey Landrigan

on 11 October 2011


Jeffrey Landrigan

October 26, 2010: It took several minutes for Jeffrey Landrigan to die in Arizona. He was the second person to be executed with sodium thiopental sold by fly-by-night British drug company Dream Pharma. It appeared that the anaesthetic may not have worked. It took over 10 minutes for him to be pronounced dead.

Reprieve launched a judicial review after Vince Cable consistently refused to consider an export ban on sodium thiopental. On 29 November 2010, following pressure from Reprieve, the business secretary imposed an immediate ban on the export of sodium thiopental to the US for use in executions.

Jeffrey Landrigan was convicted of murder in 1989 and spent twenty one years on death row. Born Billy Hill he was disowned by his mother at birth while his father was in prison. Billy was adopted at the age of six months into the Landrigan family and renamed Jeffrey Landrigan but life wasn't hugely smoother; his childhood was troubled and his behaviour, his lawyers later argued, had been affected by his mother's alcohol abuse during pregnancy.

Jeffrey's final appeal rested on the state's refusal to declare how it had got hold of the sodium thiopental needed to execute him. Two courts consented to block his execution until the state had provided information on where the drugs came from in order to confirm whether Jeffrey's rights would be violated. The unknown risks of using un-approved drugs - for example the possibility of damage during transportation - cast doubt over whether their use would consitute cruel and unusual punishment, barred under the eighth amendment.

In a 5-4 decision by the Supreme Court both previous decisions were overuled. In a statement the Supreme Court, concluded in a one-page order that sentiment should not equate to the fact it was "sure or likely to cause serious illness or needless suffering." District Judge Silver, who had ordered that the state provide the information wrote that her court "was left to speculate" that the drug was harmful.

Reprieve discovered the drugs used to execute Landrigan had been supplied by British firm Dream Pharma, a one-man wholesaler operating out of the back of a driving academy in Acton.  As part of later legal proceedings against them, lawyer and eyewitness Dale Baich, in a sworn statement said that Jeffrey Landrigan's eyes remained open during the lethal; injection process, a rare phenomenon and a key indicator that the anaesthetic, sodium thiopental, failed. Dr Mark Heath, a consultant anaesthetist at Columbia hospital in New York, stated that the prisoner’s eyes should remain closed and his body motionless. If not, this would indicate “an agonising death… asphyxiation caused by pancuronium and the caustic burning sensation caused by potassium would be agonising in the absence of adequate anaesthesia”. Dr Heath’s affidavit states that the executions (such as Jeffrey Landrigan's) were “highly atypical… based on my studies of lethal injection, it is very unusual and surprising for a prisoner’s eyes to remain open after the efficacious administration of thiopental. One explanation is that thiopental lacked efficacy”.
 
To learn how healthcare professionals can help stop execution by lethal injection please contact Maya Foa.
 

Click here to return to World Day Against the Death Penalty: top five botched executions this year.

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