Kentucky to Conduct Hearing on Whether Lethal Injection Is Humane

In Kentucky, a Franklin Circuit Court judge will hear evidence for possibly five days in April on whether the state's method of executing prisoners is humane. Medical experts will testify about the drugs, dosage and training of the people who administer the 3-drug lethal-injection cocktail. Lawyers for condemned inmates Thomas Clyde Bowling Jr. and Ralph Baze sued the state in August, saying Kentucky's method of execution violates a prisoner's Eighth Amendment right not to be subjected to cruel and unusual punishment.

Among the issues to be reviewed are the type of chemicals used in lethal injection, the dosage, and how much of the drugs make it into the body of the condemned. Kentucky has executed only one person, Eddie Lee Harper, by lethal injection, in 1999. In court papers, Baze and Bowling's lawyers have argued that there is more than a 50 percent chance that Harper was awake when the third drug was administered, meaning he could have felt pain. But because the state uses a drug called Pavulon, which paralyzes the muscles, Harper could not have communicated that he was in pain.

(Kentucky Herald-Leader, Jan. 20, 2005). See Methods of Execution.