mcguire and his victim, joyce stewart. they brought him in to the separateroom behind a payne of glass. he told the family of joyce stewart, thank you for a letter he apparently received, told his children that he loved them. he said i am going to heaven. i will see you there when you come as he administered the drugs, he yelled i love you several times to his son and daughter. and quickly afterwards, his eyes rolled back in his head and he appeared to fall asleep for several minutes, about five minutes, he laid motionless there it was crying from his family and no sounds from the victim's family. five minutes later, he began to con vuls slightly. there were gasps, snorts like a violent snore. they would be intermittent, every 30 seconds or so. >> went on for about 10 minutes, at which point he ceased to move throughout the entire time the family of the victim didn't say a thing. they were motion less and quite the entire time, his family was sobbing quite loudly as you can imagine. they declared him dead at 10:53 a.m. yes

punishment the man in question dennis mcguire he was given the death penalty for the rape and murder of joyce stewart who was eight months pregnant back in one nine hundred eighty nine during yesterday's execution witnesses said it took almost twenty five minutes for mcguire to die with the new combination of drugs listen to how one witness described his death i would save her from the chain of thirty minutes mr mcguire appeared gasping for air i don't know if it was air hunger or exactly what it was but i wanted to tell you it's a description of the gas deeply it's kind of a rattling going to will sound there was sort of a snoring through his nose a couple times he definitely fear to be choking. now mcguire's family is saying that this death violates the eighth amendment and they're suing the state of ohio his lawyer alan boehner said quote the people of the state of ohio should be appalled at what was done here in their names ohio innovated with the new form of lethal injection because the manufacturer of the previously used drugs and to barbara tall has been barred its use for capital punishment.

a pregnant 22-year-old woman named joyce stewart. state executives used a drif tifs that had never been used before. ohio prison supervisor gary johnson said he didn't believe, described the scene. >> he gasped deeply kind of a rattling guttural sound there was a snorting through his nose. couple times he definitely appeared to be choking. i'd never seen anything that lasted so long and the shuddering gasping was so pronounced. >> for more i'm joined from cleveland by john paul ryan, the mcguire family attorney, and also part of the ohio association of criminal lawyers. and dr. bruce bailey, associate adjunct instructor at the state police academy and a former corrections and deputy juvenile probation officer. great to have you both with us. i know john you have been contacted by the mcguire family to file a lawsuit. the mcguire family has described what happened to mcguire as torture. what do they want you to do? >> as son and daughter were driving home from the execution after they saw it they called me immediately. they said somet

the facts are that joyce stewart was 22 years old when dennis mcguire killed her, he slashed her throattabbed her in the throat. he severed her jugular. >> she was 7 months pregnant. >> the baby suffocated to death as well. >> that's right, the baby suffocated to death. >> that's a viable baby. he killed two human beings. how much suffering did she endure. and to say that he gasped a few times as he died -- by the way, there's no evidence that he was conscious when he died. this was -- he was given very, very heavy sedative along with a very, very heavy dose of a morphine-like drug. it doesn't appear to me like he's suffering. i think, you know, it's just offensive to think there would be a lawsuit to arise. >> i don't think it's offensive at all. i think as a society we know that only 60% of americans granted -- more than 50% are in support of the death penalty. >> hang on. let me read that. according to the gallup poll. support peeked in 1994 at 80%, sunny and paul. >> right. >> the most recent poll says it's dropped to 60%. it's now legal in 32 states. so could we see an end to the d