COLUMBIA, S.C. — Legal representatives for an inmate facing execution in South Carolina are calling for a pause in the procedure. They assert that they require additional information regarding the lethal injection drug after witnessing complications during the recent execution of another inmate, Richard Moore. Reportedly, Moore’s execution took an alarming 23 minutes and necessitated two large doses of sedative, delivered 11 minutes apart.
An anesthesiologist, who analyzed Moore’s autopsy findings, conveyed to the inmate’s legal team that the presence of fluid in his lungs could suggest that Moore underwent sensations akin to drowning and suffocation during his execution. Conversely, a different anesthesiologist, reviewing the records on behalf of the state, indicated that such fluid occurrences are not unusual in lethal injections and that witness accounts, along with other evidence, imply that Moore was likely unconscious shortly after the initial sedative, pentobarbital, was administered.
Officials in South Carolina have not provided an explanation as to why a second substantial dose was deemed necessary for Moore. Due to a confidentiality law, details surrounding the drug’s supplier and manufacturer, including the execution procedures, remain undisclosed. In light of Marion Bowman Jr.’s upcoming execution, scheduled for January 31, the state has clarified that if he has concerns about being executed via lethal injection, he has alternative options. This includes the electric chair or execution by firing squad. The state’s legal representatives have stated that Bowman could have selected another method if his worries regarding lethal injection were genuine.
Bowman faces death due to the conviction of murdering Kandee Martin, a friend, in 2001. Her charred remains were discovered in the trunk of a vehicle in Dorchester County. Testimonies from friends and family during the trial significantly contributed to the evidence against Bowman, a fact he has repeatedly contested. While he did not take the stand during his trial, he did issue a recent statement through his attorney addressing the events surrounding Martin’s death.
To potentially delay his execution, Bowman has filed a federal lawsuit requesting further information about the injection drug. His legal team seeks more comprehensive details beyond what the state has provided. They are specifically requesting a sworn statement from prison officials confirming that the drug was tested and deemed effective.
The court documents filed for delay also incorporate a summary of the autopsy results for Moore. Another inmate, Freddie Owens, who was executed earlier this year, opted not to have an autopsy performed for personal reasons related to his beliefs. The state communicated to the pathologist involved in Moore’s autopsy that he had been administered pentobarbital intravenously twice during the execution, with the second dose given 11 minutes later.
While South Carolina does not publicly disclose its lethal injection protocols, it has noted that its methods align with those of other states employing a single dose of pentobarbital. Georgia and Tennessee, for example, typically administer only one 5-gram dose at the start of their executions. Dr. David B. Waisel, an experienced anesthesiologist affiliated with prestigious institutions, emphasized that a sufficient dose should induce death within a minute, eliminating the need for a second dose.
The autopsy of Moore showed fluid in his lungs, leading Waisel to speculate that he may have endured sensations of drowning prior to dying. Recently, a review prompted the federal government to withdraw its guidelines for using pentobarbital in executions, citing concerns about inflicting unnecessary suffering. Nevertheless, an executive order signed by President Trump has directed federal authorities to ensure the continuation of executions.
Legal representatives for the state have conducted their own review through an anesthesiologist who argued that witness accounts indicate Moore lost consciousness within a few minutes post-administration of the drug. Dr. Joseph F. Antognini, a former faculty member in anesthesiology, maintained that prior to losing consciousness, it is unlikely an individual would experience pain or distress. He detailed that, while irregular heart activity may continue for a time, which can be monitored, this might explain why a second dose was administered.
Furthermore, Bowman’s team has requested additional time to comprehensively assess how the state’s lethal injection protocols account for his weight, officially recorded at 389 pounds. They highlighted the complexities involved with administering intravenous drugs to individuals with obesity. Antognini acknowledged these challenges, yet reassured that successful placement of intravenous access is common in surgical settings for patients of all sizes.
