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Friday, October 21, 2016

By Molly Hennessy-Fiske and Seth Klamann, Los Angeles Times

BONNE TERRE, MO — For more than 50 years, Missouri relied on Dr. Alan Doerhoff to assist with executions.

Doerhoff, 70, said he became involved in the 1970s when the warden at the prison that handled executions retained him because they had been childhood friends.

Back then, Missouri was using a gas chamber. Doerhoff recalled that inmates suffered a “hideous” death — writhing, choking, vomiting. The warden expressed interest in a new method: lethal injection. Doerhoff, who by then had been practicing general surgery for 20 years, agreed that it seemed more humane.

“I was the only board-certified surgeon there to do it,” Doerhoff said. “No other state had a doctor involved.”

Doctors have been involved in lethal injections from the start. A doctor advised lawmakers on designing Oklahoma’s lethal injection law and procedure in 1977, the first in the nation, which other states used as a template.

A doctor was expected to participate in Missouri’s latest execution Wednesday, of convicted murderer Russell Bucklew. It was scheduled amid a furious debate after last month’s botched lethal injection in Oklahoma, in which the inmate took more than 43 minutes to die.

Bucklew, 45, suffers from a chronic illness, cavernous hemangioma, which creates tumors in his head and face that easily rupture. His attorney argued that lethal injection could trigger massive bleeding, or that the disorder could prevent the drugs from properly circulating, making his death long and painful.

“My client’s at risk of suffocating to death if his airway closes down — coughing, choking on his own blood, having a repeat of what happened in Oklahoma,” attorney Cheryl Pilate said. “It’s kind of terrifying.”

At 10:30 p.m. Central time Tuesday, less than two hours before Bucklew’s death warrant would have taken effect, U.S. Supreme Court Justice Samuel A. Alito Jr. stayed the execution until further order of the court.

At the time, Bucklew was in a holding cell about 50 feet from the death chamber, a corrections spokesman said.

“We have to let the wheels of justice turn as quickly or slowly as they can,” said the spokesman, Mike O’Connell.

Missouri Attorney General Chris Koster, who had opposed the stay, said in a statement that the court was expected to consider the issue Wednesday and that the death warrant remains valid until midnight Wednesday.

Earlier in the evening, a spokesman for the attorney general’s office defended the state’s ability to handle executions humanely, saying, “More than 100 statements from eyewitnesses to Missouri’s previous executions, included in the state’s recent federal court filings, support the position that Missouri’s executions using pentobarbital have been rapid and painless.”

A spokeswoman for Gov. Jay Nixon’s office also defended Missouri’s execution method, saying that it “has been upheld by the courts and used by the Department of Corrections to fulfill its obligation under the law and carry out these sentences for the most heinous of crimes in an effective and humane manner.”

Enlisting medical personnel in executions has become increasingly important as states have botched the procedures after switching lethal injection drugs because of shortages. There have been problems with the injections, and inmates have struggled and complained of a burning feeling.

A group of legal experts called the Death Penalty Committee of the Constitution Project recently recommended that doctors or other medical personnel supervise all medical aspects of executions, even when barred by their governing bodies.