Lawyers for a group of South Carolina death row inmates who have exhausted their appeals have argued to the state Supreme Court that the state’s two forms of execution – the old electric chair and the new firing squad – are cruel and unusual forms of punishment. did. The state argues that “painless” death is not mandated.
Lawyers for the four inmates also say a 2023 law enacted to allow lethal injections to resume hides too many details about the new drugs and protocols used to kill inmates. insisted.
This is because there are 33 inmates sitting on South Carolina’s death row. There is still no official moratorium on the death penalty, but the state has been in the process for nearly 13 years since the drug used in the lethal injection expired and the state refused to sell more to prison officials unless the companies could hide their identities from prison. No executions have been carried out. public.
South Carolina argued that all three methods of execution were consistent with existing protocols and said the law does not require “immediate or painless” executions.
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Four inmates on South Carolina’s death row have argued that the electric chair and firing squad are cruel and unusual forms of punishment as the deadline for appeals approaches. (South Carolina Department of Corrections, via Associated Press)
“Courts have never held that death must be immediate or painless,” Grayson Lambert, a lawyer in Republican Gov. Henry McMaster’s office, wrote.
During the hearing, the justices questioned whether executions by firing squad should be considered a prohibited and unusual form of punishment, since they have only been carried out three times in the past 50 years in the United States, all in Utah. I saw it. They also questioned the electrical conductivity of the human skull and asked whether modern science has found the electric chair to be more painful and cruel than it was 100 years ago.
Lawyers for the inmates argue that courts have banned electrocution and firing squads, that the drugs used for lethal injections are of appropriate potency and purity, and that the methods are consistent with those used in other states and the federal government. He acknowledged that if the state can prove that it does. If that happens, there will be no basis for halting the execution.
“We want to make it as humane as possible,” attorney John Bloom said.
South Carolina’s death chamber, which has been unused since May 2011, could begin accepting inmates again if a judge allows executions to resume and additional appeals fail. .
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According to Justice 360, a South Carolina nonprofit group, four inmates have filed lawsuits and four others have appeal deadlines, including two whose eligibility will be reviewed before their executions. It is said that he will receive the following. Fines and other serious criminal charges.
South Carolina asked the Supreme Court to overturn a lower court’s decision after a 2022 trial found that the electric chair and firing squad are cruel and unusual punishments.
Circuit Judge Jocelyn Newman sided with the inmates, whose experts said the 2,000 volts of electricity placed in the chairs would “sear” their bodies, assuming the three shooters were successful. Inmates testified that whether or not the firing squad’s bullets stopped their hearts, they would still be in severe pain. their target.
The state’s current death penalty law requires inmates to be sent to the electric chair unless they choose otherwise.
South Carolina argues that the law does not require “immediate or painless death.” (AP Photo/Jesse L. Bonner, File)
Lawmakers approved adding firing squads to possible methods in 2021. South Carolina has not proposed a bill that would add to the controversial nitrogen gas method that was first used in the United States to kill inmate Kenneth Eugene Smith, last time in Alabama. Month. In this method, Smith breathed pure nitrogen gas through a face mask.
Lawyers for prisoners say South Carolina’s shield law is more secretive than any other state, allowing prison officials to hide the identities of drug companies, the names of those who collaborated in executions and the exact steps taken. They argue that this should not be allowed.
In September, prison officials announced that they now had the sedative pentobarbital in their possession and had changed the method of execution by lethal injection from using three drugs to using just one. Few details have been made public other than that South Carolina’s approach is similar to protocols followed by the federal government and six other states.
Lawyers for prisoners said most states release at least some information about the potency, purity and stability of lethal injection drugs.
Lawyers for the prisoners claim that the expiration date for the pentobarbital mixture is approximately 45 days. They provide information about whether there is an authorized supplier of the drug and what guidelines are in place to test the drug to ensure it is what the seller claims. I’m looking for.
If the drug isn’t effective enough, inmates could suffer without dying, according to court documents. If it is too strong, the drug molecules can form small clumps and cause severe pain when injected.
“Never before has a death row inmate in this country been put to death with so little transparency about how he will be executed,” Justice 360 attorney Lindsey Vann wrote.
South Carolina has not carried out an execution in nearly 13 years. (AP)
Lawyers for the state say the inmates are seeking information to determine who is supplying the drugs and to put public pressure on them to stop.
“Each additional piece of information is a piece of the puzzle, and with enough information, respondents (or others) may be able to piece it together to identify the person or entity protected by the Shield Act. ” Lambert wrote.
The justices appear to think the shield law is too narrow, with several requiring prison wardens to at least issue a statement explaining why they think the drug is safe for use, including independent testing and prison measures. I suggested that they be required to make an announcement. .
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South Carolina used to average three executions a year, and at the time of its last execution in 2011, there were more than 60 inmates on death row. However, due to appeals and deaths, the number of inmates on death row has now been reduced to 33. .
In the past 13 years, prosecutors have sent only three new prisoners to death row. Amid rising costs, shortages of lethal injection drugs and more vigorous defenses, prosecutors are instead accepting guilty pleas and life sentences without parole.
The Associated Press contributed to this report.
