tv Death Row Stories CNN February 5, 2017 6:00pm-7:01pm PST
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blaf on this episode of death row stories, executions around the country go horribly wrong. >> it was clear something was not right. >> you could see spasm go through his body. >> but when secrets emerge about government executions. >> you've got people carrying cash in the night across state lines. they want to create the aura that everything is smooth. >> the question is asked, does it matter how we put people to death. >> these are evildoers, these are animals, we want justice. >> who cares if he feels pain. >> you are not allowed to experiment on people in killing them. >> we make these god-like
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decisions without god-like skills. >> there's a body in the water. he was tchered and murdered >> many people proclaim their innocence. >> in this case, there are a number of things that stink. >> this man is remorseless. >> he needs to pay for it with his life. >> the electric chair flashed in front of my eyes. >> get a conviction at all costs. let the truth fall where it may. ♪ from the beginning of recorded history, civilization has sought justice through the ultimate punishment -- death. and, as societies have evolved, so, too, have their methods of execution. in ancient rome, prisoners were fed to the lions, in front of large amphitheaters of people.
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in greece, the condemned were sealed inside a bronze bulb, which when set on fire would pour smoke through the nostrils while the person inside roasted to death. and some were drawn and quartered with horses pulling people apart, limb by limb. france famously used the guillotine, famous for the chant "off with their heads." in america, it was hanging. >> the first recorded was in 1608 in jamestown, virginia. over the years, hangings became great social event, great source of entertainment. people brought picnics. teachers would bring the students, parents would brit kids. there was a choir, a band. >> the goal was to deter the populace. >> but our history of executions also included a dark side.
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botched executions that quickly turned horrifying for the masses. >> it's difficult to hang someone properly. if the cord was two long, the head would fall off. they called jerk to jesus or launch to eternity. there was a man named eddie ives. he weighed 80 pounds. the weight drops and it goes cazoom and whirled around the horizontal beam and they had to hang him twice. there was a lot of concern about botched hangings. >> by the late 1800s, electricity was transforming america. in order to demonstrate the incredible power, thomas edison filmed the execution of an elephant.
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executioners quickly seized on this modern method of putting the condemned to death. >> one of the first electric appliances was the electric chair. but the electric chair has its own problems. jesse tafarrow was executed in florida. a lot of people do believe he was innocent. there were 8-inflames that erupted from the skullcap during the execution, so he basically burned to death. in 1997, pedro medina was executed. >> flame erupted all across the top of his head, from one ear to the other. >> the warden was quoted as saying, the flames, smoke, putrid order and death by inferno plagues me still. >> in 1977, lethal injection was invented in oklahoma as a more humane way to execute prisoners.
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>> historically, executions were vey, hry uglgings, electrocution, and so one of the goals of the state, now, is that it looks calm and peaceful. >> to a great degree, the lethal injection regime has much more to do with the witnesses than it has to do with the condemned. the witnesses weren't seeing the condemn writhe or cough or choke or snort. >> the challenge with lethal injection was finding executioners with the medical skills to do the job. >> today in the united states, it violates ethical codes for physicians to be involved. so usually the people who are involved in the executions are not physicians. and they're not properly trained to do an iv insertion, much less an execution. >> over the years, the issue of medical training led to numerous mistakes, but a watershed moment came in 2009, with the case of ramel broom in ohio.
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>> just 17 steps from the room where he'd be put to death, ramel broom, convicted of raping and murdering a girl was helping his executioners. he laid on his side, flexed his muscles to help them find a vein. he never made it out of the preparation chamber. >> there were 20 different needle insertions into mr. broom, in all parts of his body, in the back of his arm, in his hand, in his ankle. he was actually trying to help them find the vein. >> after two hours, the director of rehabilitation and correction made an unprecedented request. he asked the governor to grant a temporary reprieve. >> ramel broom became the only man in u.s. history to walk away from a lethal injection alive. >> ramel broom is still on death row, but he does not have an execution date. and his attorneys are arguing that you can't try and kill someone twice. >> but corrections officials in
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ohio were undeterred. they devised a new way to kill ramel broom called plan b. most executions use one drug to put the inmate to sleep, a second to paralyze him and a third drug to stop the heart. plan b proposed using a drug called midazolam. and this would open a proverbial pandora's box, starting with ohio inmate, dennis mcguire. >> he was a human guinea pig for the state of ohio to experiment on. and it did, in a horrific way. special edition. o this is one gorgeous truck. oh, did i say there's only one special edition? because, actually there's 5. aaaahh!! ooohh!! uh! holy mackerel. wow. nice. strength and style. which one's your favorite? come home with me! it's truck month!
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does not improve or gets worse. ask your doctor if 24-hour breo could be a missing piece for you. learn more about better breathing at mybreo.com. after the failed lethal injection of ramel broom, the state of ohio wanted to use midazolam. the medical community had immediate concerns. >> the first drug was used to induce unconsciousness. midazolam does not do that. if the inmate is not unconscious, and the inmate receives a second drug that paralyzes the muscles, that is a horrible, horrible situation. where you are awake but you cannot move. can you not breathe. so you have the sensation of suffocating, essentially. and you can't communicate to anybodthat this is happening. >> ohio originally prosed
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using midazolam as a backup plan, but the controversial drug would soon become their only option. >> tonight, u.s. states are being forced to find new drugs for lethal injections since the other countries banned the drugs. >> the suppliers, most of them in europe where they don't have the death penalty said we will not sell you drugs to kill people. our drugs are the no intended to kill people. >> in january 2014, ohio announced they would try their plan b drug, midazolam, on inmate dennis mcguire. mcguire had been convicted of the rape and murder of a housewife named joyce stewart. >> he slashed her throat, severed her jugular. she was carrying a baby. >> the baby suffocated to death as well. if you're going to have the death penalty, this guy's the poster child for it, for what he did. >> tim young represented mcguire in his final appeals. >> when we went to court with
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mr. mcguire we argued that midazolam was likely to leave him in severe pain, almost torture, as if he were drowning or, or unable to breathe and choking and gasping for air. >> but arguing the dangers of midazolam presented an unnerving catch-22. >> the burden of proof is so high to say it's going to go bad that it has to go bad. >> he said the accused was not entitled to a pain-free execution. >> they believe the execution will be humane. if i believe that it would not be, we would not be proceeding. >> dennis mcguire was led into the execution chamber on january 16, 2014. >> dennis mcguire had a very brief but emotional final statement. he said he was sorry for what he had done, and he apologized to the family. he mentioned the son and
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daughter who were there and how he loved them. and then the drugs began flowing. it typically would have been five or six, maybe ten minutes, and it would have been all over, but after a few minutes, dennis mcguire began gasping, sucking in breath. for 13 minutes, his body was struggling not to die. it was obvious that he was trying to get air into his lungs, and the drugs were preventing it. and 13 minutes doesn't sound like very long. but if you're watching somebody do that with his family there, it's an eternity. it just went on and on and on. and i'll be candid, as a human being, i was at this point, please, just let him die. let it stop. >> finally, at 10:53 a.m., dennis mcguire was declared dead. >> yesterday, i watched the state of ohio kill my dad.
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i witnessed his execution along with my wife and my sister. after watching my dad's execution, i know what cruel and unusual punishment is. >> anger bubbled up quickly. this was so foreseeable, and so obvious. >> the agony and terror of watching my dad suffocate to death lasted more than 19 minutes. >> i saw him just gasp for his air. his head kept coming up, and he just, his mouth was wide open, and he was making horrible noises. >> we just don't need to do this. there's nothing in the name of the people that justifies this horrible, painful process before dying. >> europe's drug ban soon left other states facing their own drug shortages, and despite dennis mcguire's botched execution, lessons from midazolam had yet to be learn.
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>> after the mcguire execution, i thought there would be no state that would consider using midazolam, and i have since been disabused of that notion. >> mcguire was predictable and foreseeable. how do you ever go forward after this moment? that's just beyond horrifying to me. bring you more ways to help reduce calories from sugar. with more great tasting beverages with less sugar or no sugar at all, smaller portion sizes, clear calorie labels, and signs reminding everyone to think balance before choosing their beverages. we know you care about reducing the sugar in your family's diet, and we're working to support your efforts. more beverage choices. smaller portions. less sugar. balanceus.org. [bullfighting music] [burke] billy-goat ruffians. seen it. covered it.
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after the botched execution of dennis mcguire, many thought that the controversial drug midazolam would no longer be used in executions. but less than six months later, arizona announced they would use midazolam on inmate joseph wood. wood was found guilty of murdering his ex-girlfriend and her father in 1989. >> we were very aware about what happened with the execution of dennis mcguire, so we asked the department of correction for information about the source of the drugs and the qualifications of the executioners and wardens, and the state of arizona told us to go pound sand. it would not disclose the source of the drugs, and it said trust us, the people that are going to be doing this are qualified. why ll the secrecy?
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because i think the departments of corrections would like to take care of this ugly little business in as efficient a way as possible. they had a job to do, executions to carry out. if people start raising questions about where the drugs come from, who the doctor is, then it slows down the process. >> joseph wood was taken to the execution chamber on july 23rd, 2014. at 1:52 p.m., the state of arizona injected wood with 50 milligrams of midazolam. five times the amount used in ohio. >> mr. wood opened his mouth wide and took a very deep breath. suddenly, his mouth popped open, like that. and everybody sort of jumped a little bit.
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hadn't seen that before. you could see a spasm go through his body. you could see it went all the way down to his stomach. gasping like a fish. it was extraordinarily loud. i started doing, you know, hash marks in my notebook. each time that he would make that sucking sound, he was gulping, he was gasping, he was struggling to breathe. i eventually counted 240 hash marks. went on and on. and i wondered is someone going to stop this execution. there were two lawyers sitting next to me, and i saw them get up and go out. >> one full hour into the execution, joseph wood was still alive. baish called for the execution to be halted. >> we immediately filed a motion with the federal district court, asking the federal judge to stop the execution. >> they got an assistant attorney general on the phone. and he said, he's unconscious. he's not feeling any pain. the judge said, well, do you
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have an eeg set up to him? well, no, we don't. so, you don't know. >> on the call, the assistant attorney general admitted that a second dose of midazolam had now been given to wood. >> what was not reported was that 14 additional dosesf the drug were administered while all this was going on. >> nearly all drugs have what we call a ceiling effect. joseph wood received a total of 750 milligrams of midazolam, he was breathing, and his heart was working for nearly two hours. >> eventually, joseph wood's gasping slowed and it slowed, and eventually it petered out, and it was done, and then finally, it was over. >> after an hour and 57 minutes, joseph wood was finally declared dead, becoming one of the longest executions in u.s. history.
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to many, this was a clear case of cruel and unusual punishment. >> joe wood is dead, but it took him two hours to die. i can't imagine this is what the criminal justice system had hoped for. >> there was someone from the attorney general's office, it was very peaceful, he was sleeping and snoring, it was, like, no. this is not what it looks like. >> the victim's family had little sympathy for joseph wood. >> everybody said it was excruciating, you don't know what excruciating is, what's excruciating is seeing your father lying there in a pool of blood, your sister lying in a pool of blood. >> this man conducted a horrifying murder, and you guys are going, oh, let's worry about the drug. why didn't we give him a bullet, some drano. the hell with you guys.
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>> one of the family members said what does it matter if it's done with drano? the answer is we don't do that. this is the united states. we have a constitutional amendment that forbids cruel and unusual punishment. we're supposed to be above that. ♪ >> with botched executions now spreading, questions mounted about the fate of the 3,000 people remaining on death row. and withhe moral implications falling on those normally hidden behind the curtain, the executioners themselves began to speak out. >> i just felt like the people had the right to know that something has been cloaked in secrecy for years and years and years. i just wanted people to understand. it's not that i couldn't handle it. it's that i couldn't handle what it turned me into. ♪ pilotless vehicles have conquered highways, mountains, and racetracks.
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when lethal injection became the standard method of capital punishment, the executioners themselves suffered unintended consequences. reverend carroll picket witnessed 95 executions at the death house in huntsville, texas. >> we've had guards who would strap people down and faint in the death house.
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we've had guards come back in to undo the straps and they'd freeze, because they can't touch death. they come and go quite rapidly. every couple weeks another one changes. and they just couldn't do it. >> the life of an executioner is very much a hidden world. literally shrouded in secrecy. >> film maker patty dillon had a documentary about executioners entitled "there will be no stay." the executioners i stayed with worked their way up from a correction officer to a major, which is when they became executioners. it was the highest promotion. it just happened to include execution. >> among the executioners patty found were craig baxley and terry bracely who carried out executions at the broad river prison in south carolina. >> they made us less than just a few feet away.
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the duty that i had was to take the syringe, screw it in and then do the plunging. >> if the inmate does not die within a certain few minutes, then you have to actually do another set. it's not the fact that i couldn't do it. i did it. it's the fact that it changes you psychologically. it changes you into a different person, you know. i was not trained to do it, and it messed me up. >> taking that plunger and pushing it in sort of set me on a particular course that i wasn't really prepared for. i expected to be trained. i expected to be counseled. none of that took place. >> there's still those fundamental christian rules of thou shalt not kill. and they're trapped in their head with this deep, dark secret of, i'm not supposed to be killing people. >> i do believe that if you are taking lives you are a serial killer, but i see a serial
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killer when i look in the mirror, and there are times when it becomes unbearable. >> i have not med anybody on an execution team that was not experiencing some post-traumatic damage. some of them survive, and many didn't. many committed suicide. >> the only thing that has kept me from turning into one of these people you sigh on the news is i have good professional help and medication and my wife and my children. >> these men that we've appointed to keep us safe say i'm the garbage man taking out your trash or what are' considering to be trash. and it's ruining my life. >> the executioners who were in charge of the botched executions in ohio and arizona had largely avoided public scrutiny, but in
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oklahoma that would change with the case of clayton lockett. >> clayton lockett was convicted of the murder of 18 year old stephanie kneeman. he shot her with a shotgun, dug a grave and buried her alive. mr. lockett confessed to the police. he was convicted on 19 counts. he received about 2500 years, plus the death penalty. >> facing their own shortage from the european draw ban, oklahoma announced they would use midazolam on lockett. and in a rare doubleheader, inmate charles warner to be executed the same night. >> both of these crimes, charles warners as well as lockett's were horrific. warner raped and murdered a baby. there wasn't sympathy for either person. the question is whether the process was handled constitutionally and properly. >> susanna represented lockett and warner.
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>> a law had been passed in oklahoma in 2011 which made the source of drugs completely secret. but if my clients are not being rendered unconscious, that's cruel and unusual punishment. so i tried to show that this statute is unconstitutional, because it prohibits mr. lockett, mr. warner, anyone from finding out where those drugs came from. in factshe discovered oklahoma had planned to execute lockett and warner with drugs purchased in a potentially illegal manner. >> correspondence admitted that the drugs were coming from a compounding pharmacy, which is not regulated by the fda. >> compounding pharmacies are neighborhood pharmacies in some cases that typically don't do this kind of thing at all. they do small drugs, lotions and creams and other simple things. >> compounding pharmacies don't traditionally make intervenous compounds.
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>> nobody oversees to see if the drug will do what it's supposed to do. >> if the state of oklahoma is buying drugs from a compounding pharmacy without a doctor/patient relationship, then that would mean that they're violating federal law. criminal law. >> in december of 2013, a court in missouri ordered the release of records detailing transaction with a compounding pharmacy in oklahoma. >> officials from the state of missouri department of corrections went to oklahoma to obtain drugs from a compounding pharmacy, apparently taking $11,000 in cash and buying it from a company in oklahoma that wasn't licensed to do business in missouri. >> it's like a shady drug deal. suddenly, you've got people carrying cash in the night across state lines, so that the public doesn't know how or where
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$11,000 in taxpayer money was spent? abide by the constitution, in the full light of day, in front of everybody, like our justice system's supposed to. >> missouri officials were accused of buying drugs from a compounding pharmacy named the apothecary shop in tulsa, oklahoma. e-mail chains also revealed secret agreements between the apothecary shop and prison officials in georgia. >> the states are at the end of their rope so to speak. they've tried everything. this is like their last-ditch effort to proceed with executions. >> with less than 24 hours to go, the oklahoma supreme court agreed to hear susanna's
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argument and granted clayton lockett and charles warner a rare stay of execution. that decision would set off one of the biggest police cal firestorms in state history. >> these are evildoers. these are animals. you can call them demons, if you may, we want justice. this is one gorgeous truck. special edition. oh, did i say there's only one special edition? because, actually there's 5. aaaahh!! ooohh!! uh! holy mackerel. wow. nice. strength and style. which one's your favorite? come home with me! it's truck month! find your tag for an average total value over $11,000 on chevy silverado all star eons when you finance through gm financial. find new roads at your local chevy dealer.
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see your doctor right away if you experience new or worsening cough; chest pain; shortness of breath; diarrhea; severe stomach pain or tenderness; severe nausea or vomiting; extreme fatigue; constipation; excessive thirst or urine; swollen ankles; loss of appetite; rash; itching; headache; confusion; hallucinations; muscle or joint pain; flushing; fever; or weakness... as this may keep these problems from becoming more serious. these are not all the possible side effects of opdivo. tell your doctor about all your medical conditions, including immune system problems, or if you've had an organ transplant, or lung, breathing, or liver problems. a chance to live longer. ask your doctor about opdivo. see opdivotv.com for this and other indications. bristol-myers squibb thanks the patients, nurses, and physicians involved in opdivo clinical trials. i mwell, what are youe to take care odoing tomorrow -10am? staff meeting. noon? eating. 3:45? uh, compliance training. 6:30? sam's baseball practice. 8:30? tai chi. yeah, so sounds relaxing. alright, 9:53?
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oklahoma supreme court had granted clayton lockett and charles warner a rare stay of execution in order to hear susanna gatony's argument. political reaction was swift and forceful. >> i believe the death penalty is an appropriate response and punishment to those who commit heinous crimes against their fellow men and women. >> the very next day, governor fallon issued an executive order which essentially said she didn't believe that the oklahoma supreme court had jurisdiction to do what they did. she was trying to override, usurp what the court had done. >> the government said the supreme court exceeded it's authority. i don't know that that's ever happened in oklahoma. and no one really questioned
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whether she had the authority to do that or not. all the supreme court was really asking for was more time for the attorneys in the case to brief these issues. >> reaction also came from state representative and former police officer mike christian who immediately introduced legislation to impeach the judges who voted in favor of lockett and warner. >> these are evildoer, animals. you can call them demons if you may, and the people across this country, in particular oklahoma, we want justice. people in oklahoma strongly support the death penalty. they feel we don't spend enough time talking about the victims of these crimes. of a 18 year old girl ends up being savagely duct taped. shot and buried alive. and we're talking about mr. lockett and his rights. >> mike christian is a very pro-death lawyer. christian and several others proposed articles of impeachment. at that point we had a major controversy between the branches of our government. >> the oklahoma supreme court how had second thoughts.
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the very next day, the oklahoma supreme court dissolved their stay. said that the secrecy statute, in the ruling, they seemed kind of peeved that this process was rushed. but people are calling for their impeachment. >> i felt very disappointed in myself. i was reminded of something my stepfather, who is a lawyer, told me once when i was in law school stressing. he said to me, susanna, just remember, no matter what you do, no one will die. and in this instance, that, that wasn't true. >> at the oklahoma state penitentiary on april 29, 2014, clayton lockett was led to the
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execution chamber while charles warner waited in the wings. zeva bransetter witnessed the execution. >> it was my fourth execution to witness. it was scheduled for 6:00. eventually, they roll up the shade at 6:20. lockett was asked if he had a last statement, and he just said no. >> at 6:23 p.m., lockett was injected with midazolam to render him unconscious. >> at 6:31, the doctor checked consciousness, and the warden announced that the inmate was still conscious. a few minutes later, the doctor checked consciousness again and said the inmate is unconscious. >> a second drug was injected, intended to paralyze lockett. >> at 6:33, i noticed a reaction. there was a kicking of his leg. clayton lockett began to strain
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against the restraints. he was struggling and wrhing.k. he looked like he was trying to get off the gurne to me. it was really very shocking. it was clear to me that clayton lockett was still conscious. it was clear to me that he was in pain. i heard him say man, you know, like he was shocked at whatever it was that he was feeling. and he was lifting his head up and shoulders clear off the gurney, mumbling something is wrong. and then the warden said ladies and gentlemen we need to temporarily close the blinds. and they closed the blinds and shut off the mic. >> i sat next to the victim's family at the execution. no one knew if he had died or if he lived or what was happening. they were concerned about that. >> the attorneys who are
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witnessing this on behalf of clayton lockett said they're going to revive him so they can kill him another day. >> the blinds would not reopen. and at 6:56 p.m., clayton lockett's execution was officially halted. >> we were taken back to the media witness center, but there was no clear discussion of what was going on with clayton lockett. >> is lockett dead? >> we don't know. >> we don't know the status. >> breaking news from the state prison in mcallister. >> the first of two scheduled executions at the prison did not go as planned. >> clayton lockett was supposed to receive the death penalty for killing a woman 15 years ago. but tonight his punishment is being referred to as a botched execution. >> things obviously went horribly wrong with mr. lockett's execution. >> my assistant reached me and told me that i needed to turn on a tv to see what was happening. the reports were that he was still alive.
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>> at 7:23 p.m., the man in charge of lockett's execution, robert patton addressed the media. >> ladies and gentlemen, i'm going to make a short statement, and i'll not be taking any questions. so please don't scream and holler at me. as those inside witnessed, the drugs are not having the effect. so the doctor observed the line and determined that the line had blown. it was my decision at that time to stop the execution. at approximately 7:06 hours, inmate suffered what appears to be a massive heart attack and passed away. >> why did you decide to lower the curtain? >> so the physician could check the vein. >> the vein blew. >> the vein? >> yes. >> lockett's vein? >> yes. >> blew. what does that mean? >> it means the vein exploded. >> his vein exploded.
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>> he said his vein exploded, which i thought was a really strange explanation, because veins don't generally explode. >> in the meantime, just down the hall from the death claim -- chamber, charles warner had eaten his last meal. they were now told that his execution would proceed. ♪ what's the best way to get two servings of veggies? v8 or a powdered drink? ready, go. ahhhhhhhh! shake! shake! shake! shake! shake! done! you gotta shake it! i shake it! glad i had a v8. the original way to fuel your day
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after the botched execution of clayton lockett, charles warner, scheduled to die immediately after lockett, was left in the dark. his family waited to attend his execution. >> the family was very, very deep in devout prayer. the mother was sobbing through her prayers. it was very sad. we waited for a long time. it became time for charles' execution, and we were still sitting in that room. and nobody was telling us anything. then another attorney came rushing into our room and said that there's not going to be an execution for charles warner that night. the family was crying with joy. mrs. warner said, you know, those prayers were heard by a
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higher being. we were so relieved. >> but the mood soon turned sour as prison officials seemed confused about what exactly was going on. >> we were going to go home. we were led out to the parking lot, and we started to get in the car. well, out of the building ran the warden, yelling at us, get back into this building. you're breaking protocol. you have to get back into the building. >> prison officials now told warner's family the execution would proceed. >> i was horrified. we went back into the building. and then we sat there for a while, not knowing if charles warner would be executed. i was angry. and perplexed. it was too late to go file anything in the court. we had no phone. finally, at some point, we were told that charles warner would not be executed.
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and we were told to go home. it was an incredible rollercoaster of emotions. >> investigations into the botched execution of clayton lockett evenally revealed what happened behind the blinds. >> we later learned that the doctor who was supposed to perform the execution had backed out two days before clayton lockett's execution, and this other doctor who had only performed one execution in the state stepped in. the doctor made 12 attempts to start an iv, and it was not properly inserted. the drugs were not delivered into his vein. they went into the tissue. there were no backup drugs that night. there was no emergency plan if something went wrong. >> regarding the use of midazolam, mike oakley from the corrections department said, i looked online, you know, went past the wikileaks or whatever it is and did find out midazolam would render a person unconscious. so we thought it was okay.
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>> obviously, they need someone who is better equipped at knowing if someone is rendered unconscious. >> after hitting an artery causing lockett's blood to spray, the doctor who executed lockett said he hoped to, quote, get enough money out of this to go buy a new jacket. >> what happened in oklahoma is deeply troubling. >> clayton lockett's case would bring worldwide attention to america's botched executions and questions about the future of lethal injection. >> human rights outrage. >> after botch everything the new, untested combination of drugs. >> said to be shaking uncontrollably. >> you got the imagery going on, someone poorly trained, brew up something in the back, in the kitchen saying, i've never tried this before. we'll see how it goes. >> and voices on both sides of the issue responded forcefully.
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>> the fact that there might be some pain during the process doesn't offend me. why are we planning the most pleasant death possible for people who have imposed the most unpleasant death. >> if that was your child, would you have sympathy. >> this man snored on the way to hell. >> he was killed by negligence of the states. >> the death penalty is a government program. and the government takes a week to deliver a piece of mail. what gives us the idea that the government can make life and death decisions with life and death accuracy. >> lockett should be given the same mercy that he gave his victim stephanie, and that would be none. >> our constitutional rights are with us until we die. we shouldn't dismiss them because we think the person
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who's being executed isn't deserving. >> we are saying to the world this is done as a considered, thoughtful moment of punishment. not as some rageful, heinous act. if that's the punishment we're imposing, then we're him. we're the heinous murderer. >> time is running out for convicted killer charles warner set to die at 6:00. >> nine months after clayton lockett's execution, oklahoma completed construction on a brand-new death chamber which they were now ready to use on charles warner. >> the microphone will come on, and the staff member will read the warrant of execution to the offender. the offender will be allowed to make a last statement. the first drug in a three-drug protocol, midazolam, will be administered.
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>> but warner's defense team had filed one last plea for a stay of execution with the u.s. supreme court, claiming the use of midazolam was a violation of the eighth amendment's ban on cruel and unusual punishment. meanwhile, the mother of warner's victim, a 11 month old baby, made her feelings clear. >> if they want to honor me, it would be life in prison without the possibility of parole. i don't see any justice in just sentencing someone to die. to me, the justice is someone having to live with it the rest of their life, knowing that they're never going to walk out those bars. when he dies, i want it to be because it's his time, not because he's been executed due to what happened to me and my child. i don't want that on my hands. it makes me feel that i'm no different than him, and i don't want to feel that way. >> the time for warner's execution came and went as oklahoma waited for word from
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the u.s. supreme court about whether they could use midazolam on warner. at 6:20 p.m. the decision came down. justice sonia sotomayor wrote the fda has not approved the use of midazolam as the use of and aesthetic. but justice sotomayor's opinion was in the minority. >> ladies and gentlemen, the u.s. supreme court has denied the stay of execution. the process will begin shortly. i need the witnesses to prepare themselves for transport.
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on this episode of "death row stories" -- >> what's going on, ma'am? >> he just stabbed me in my throat. >> a mother's throat is slashed, and her two young sons are murdered. >> it was a bloodbath. and when a crime like this happens, someone in the house did this. >> you were involved in the murder. >> no, i was not. >> no motive, no explanation. >> by god, somebody is going to pay for these two boys being murdered. >> materialistic, a temptress. >> there was a body on the water. >> he was butchered and murdered. >> many people proclaim their
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