| 00:00:00 |
none, -
AS SUCH A HIGH PROBABILITY OF CAUSING UNNECESSARY PAIN AND VIOLATES THE EIGHTH AMENDMENT'S PROHIBITION AGAINST CRUEL AND UNUSUAL PUNISHMENT. STATES...
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| 00:01:02 |
Unidentified Speaker, -
A
|
| 00:01:03 |
Unidentified Speaker, -
TERRIFYING CONSCIOUSNESS AND SUFFOCATION AND THE THIRD DRUG POTASSIUM CHLORIDE WILL INFLICT AND EXCRUCIATINGLY BURNING PAIN AS IT COURSES THROUGH THE...
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| 00:01:37 |
Unidentified Speaker, -
THIS IS CRITICALLY IMPORTANT THE PROTOCOLS PROCEDURES FOR MONITORING TO ENSURE THAT THE INMATE
|
| 00:01:45 |
Unidentified Speaker, -
IS ADEQUATELY ASSESS THE SIZE ARE PRACTICALLY NONEXISTENT. >> I THOUGHT YOU'RE AN EXPERT ON LOOKING ON PAGE 493-2494, THE JOINT APPENDIX, AGREED THAT...
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| 00:02:10 |
Unidentified Speaker, -
PROPERLY ADMINISTERED. AND THAT IS BECAUSE EVEN IN CLINICAL SETTINGS THERE ARE ALWAYS DIFFERENT, ALWAYS THE POTENTIAL FOR DIFFICULTY WHICH MANIFESTS...
|
| 00:02:27 |
Unidentified Speaker, -
ASSUME 100 PERCENT CASES PROPERLY MINISTERED. >> IF THERE WERE A WAY TO GUARANTEE THE PROCEDURE WORKED EVERY TIME, THEN WE -- CAN I LET'S ASSUME HYPOTHETICALLY...
|
| 00:02:42 |
Unidentified Speaker, -
HAVE AN ARGUMENT TO PRESENT? >> I APOLOGIZE FOR THIS, IF IT IS 100
|
| 00:02:51 |
Unidentified Speaker, -
PERCENT OF THE TIME THE DOSE OF ANESTHETIC IS PROPERLY ADMINISTERED INTO THE CONDEMNED INMATES THEN WE DON'T HAVE A SIGNIFICANT RISK. OF COURSE, THAT...
|
| 00:03:10 |
Unidentified Speaker, -
BE A GUARANTEE A SUCCESSFUL ADMINISTRATION OF THE ANESTHETIC AND THAT IS WHY THE MONITORING PART OF THE PROCESS IS SO CRITICAL. >> BUT WITH THE MONITORING...
|
| 00:03:44 |
Unidentified Speaker, -
OR NO, THERE IS NO WAY. >> YES, TO JUSTICE GINSBERG, WE TRY TO SUGGEST IN OUR BRIEF THERE IS A WAY TO MONITOR EFFECTIVELY EVEN WITH THE THREE DRUG PROTOCOL....
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| 00:04:08 |
Unidentified Speaker, -
AND MEDICAL DOCTORS ACCORDING TO THE CODE OF ETHICS OF THE AMERICAN MEDICAL ASSOCIATION CAN PARTICIPATE. >> YOUR HONOR, OF COURSE, THAT'S WHY THERE IS...
|
| 00:04:27 |
Unidentified Speaker, -
TRAINED PROFESSIONALS. >> THAT SEEMS TO BE A BIG PART OF YOUR ARGUMENT, BUT IT DOESN'T APPEAR THAT ARGUMENT WAS RAISED AT ALL IN THE KENTUCKY COURTS....
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| 00:04:37 |
Unidentified Speaker, -
NOTHING IN THE RECORD OF THIS CASE THAT SHOWS THAT IS PRACTICAL OR THAT IT'S PREFERABLE TO THE THREE DRUG PROTOCOL. IT MAY WELL BE BUT WITHOUT ANYTHING...
|
| 00:04:49 |
Unidentified Speaker, -
WE HOLD THAT THE THREE DRUG PROTOCOL IS UNCONSTITUTIONAL? >> IF I MAY JUSTICE ALITO, I WOULD LIKE TO PROVIDE THE REFERENCES WHERE IT IS RAISED. AND IN...
|
| 00:05:15 |
Unidentified Speaker, -
JOINT APPENDIX, THIS IS A TRIAL BRIEF, REPHRASING THE TRIAL COURT. ONE ASSERTION MADE THERE IS THAT IT
|
| 00:05:25 |
Unidentified Speaker, -
HAD ALTERNATIVE CHEMICAL OR COMBINATION OF CHEMICALS THAT POSES LESS RISK UNNECESSARY PAIN AND SUFFERING DURING AN EXECUTION. >> THAT'S THE TRIAL COURT...
|
| 00:05:35 |
Unidentified Speaker, -
THINK IT JUST THE WORD AN ALTERNATIVE CHEMICAL POSES LESS RISK IS SUFFICIENT RAISE THE ARGUMENT THAT THE THREE DRUG PROTOCOL IS UNCONSTITUTIONAL BECAUSE...
|
| 00:05:54 |
Unidentified Speaker, -
IS. >> LEADER IN A PAGE 701 THE BRIEF ARGUES THERE ARE NINE PEOPLE WAYS OF STOPPING THE HEART. >> WHAT ARE THEY? I CAN'T FIND, WHAT SHOULD I READ?...
|
| 00:06:17 |
Unidentified Speaker, -
DECEMBER STUDY. I FOUND IN THEIR AMAZING SENTENCED TOO ME WHICH
|
| 00:06:23 |
Unidentified Speaker, -
SAYS THE EUTHANASIA TASK FORCE INCLUDED IN IS NOT POSSIBLE TO ADMINISTER SO MUCH OF IT THAT THE LETHAL EFFECT IS GUARANTEED. THEY'RE TALKING ABOUT THE...
|
| 00:07:12 |
Unidentified Speaker, -
A 3-GRAM DOSE. I TAKE IT. IF 2 GRAMS OR 3 GRAMS, I THOUGHT IT WAS 3 GRAMS HERE. I ENDED UP THINKING, OF COURSE, A THERE IS A RISK OF HUMAN ERROR. THERE...
|
| 00:07:31 |
Unidentified Speaker, -
GENERALLY. WHEN YOU'RE TALKING ABOUT THE DEATH PENALTY. THIS MAY BE ONE EXTRA PROBLEM. ONE SERIOUS ADDITIONAL PROBLEM. BUT THE QUESTION HERE IS, CAN...
|
| 00:08:22 |
Unidentified Speaker, -
WHAT THEY DO WITH ANIMALS FRANKLY. I WAS THEREFORE TAKEN ABACK WITH THE SENTENCE I JUST READ TO YOU. WHAT AM I SUPPOSED TO DO ABOUT THAT? >> I THINK TO...
|
| 00:08:36 |
Unidentified Speaker, -
IN THIS CASE WHICH SAYS THAT DEATH IS CERTAIN TO OCCUR AND IN ADDITION THAT MEDICAL TESTIMONY IN THIS CASE IS CERTAIN TO OCCUR IN A VERY FEW MINUTES....
|
| 00:08:55 |
Unidentified Speaker, -
THAT IS CORRECT. >> WE KNOW WHETHER THERE ARE RISKS OF PAIN ACCOMPANYING MAP METHOD? >> I THINK YOU DO, MR. CHIEF JUSTICE, BECAUSE BY DEFINITION BARBARA...
|
| 00:09:11 |
Unidentified Speaker, -
SECOND DRUG HERE IS USED TO PREVENT IN
|
| 00:09:14 |
Unidentified Speaker, -
VOLUNTARY MUSCLE CONTRACTIONS IT WOULD BE A SAFEGUARD AGAINST
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| 00:09:19 |
Unidentified Speaker, -
THAT UNDER THE ONE DRUG PROTOCOL I TAKE IT. >> YES, THERE WOULD MR.
|
| 00:09:24 |
Unidentified Speaker, -
CHIEF JUSTICE BECAUSE THE REALITY IS THIPENTHOL AND OTHER BARBITUATES ARE ANTI CONVULSANT. THE POINT
|
| 00:09:30 |
Unidentified Speaker, -
IS TWO AMONG OTHER THINGS SUPPRESS ANY INVOLUNTARY MUSCLE MOVEMENT. >> YOU AGREE THAT IS INAPPROPRIATE PROBLEM TO BE ADDRESSED BY THE EXECUTION PROTOCOL,...
|
| 00:09:44 |
Unidentified Speaker, -
OF IN VOLUNTARY MUSCLE CONTRACTIONS? >> NO, BECAUSE TO THE EXTENT THE REASON THEY ARE OFFERING TO DO IT IS BECAUSE OF THE POTENTIAL FOR DISCOVERED...
|
| 00:09:56 |
Unidentified Speaker, -
RISK -- >> I THOUGHT ONE OF THE REASONS WAS IT WOULD ENHANCE THE DIGNITY AND NOT ONLY OF THE PROCEDURE AS A WHOLE BUT ALSO TO THE CONDEMNED. >> I UNDERSTAND...
|
| 00:10:08 |
Unidentified Speaker, -
TO JUSTICE. BUT GIVEN THE EXTENT TO WHICH IT INCREASES THE RISK THAT THERE CAN BE INEFFECTIVE AND IS DUCHENNE AND IT CAN GO UNDETECTED IT DOESN'T SEEM...
|
| 00:10:19 |
Unidentified Speaker, -
OF SUFFICIENT FORCE TO JUSTIFY USING IT DESPITE THAT RISK, PARTICULARLY WHEN IT SEEMS TO US AN ISSUE OF DIGNITY CAN
|
| 00:10:28 |
Unidentified Speaker, -
BE ADDRESSED BY COMMUNICATION WITH THE AUDIENCE. >> WHAT DO WE DO IF HE PREVAILS HERE? THE NEXT CASE IS BROUGHT BY SOMEONE SUBJECT TO THE SINGLE DRUG...
|
| 00:10:55 |
Unidentified Speaker, -
I'M SUBJECT TO A LINGERING DEATH AND A MORE HUMANE PROTOCOL WOULD BE THE THREE DRUG PROTOCOL. >> I THINK WITH RESPECT TO THE LINGERING DEATH POINT, I...
|
| 00:11:22 |
Unidentified Speaker, -
COURSE, THERE ARE POSSIBILITIES OF MALADMINISTRATION BUT NOT MALADMINISTRATION THAT RESULTS IN PAIN AND THEREFORE IS NOT A CREDIBLE EIGHTH AND IN THAT...
|
| 00:11:57 |
Unidentified Speaker, -
BE NECESSARY TO RENDER THIS PROCEDURE CONSTITUTIONAL. AND YOU SAID TRAINED PERSONNEL TO MONITOR THE FLOW. >> THE ANESTHETIC TO ENSURE THE DEATH HAS...
|
| 00:12:31 |
Unidentified Speaker, -
PROCESS. >> WHAT TO DO ABOUT THE POINT
|
| 00:12:36 |
Unidentified Speaker, -
THAT THE DOCTORS OR THE NURSES SAY IT IS UNETHICAL TO HELP WITH AN EXECUTION? IF WE ARE GOING TO TALK ABOUT THE CONSTITUTIONALITY
|
| 00:12:46 |
Unidentified Speaker, -
OF THE DEATH PENALTY PER SAY, THAT IS AND RAISED IN THIS CASE. AND WHAT THE OTHER SIDE SAYS IS YOU ARE TRYING TO DO THIS
|
| 00:12:55 |
Unidentified Speaker, -
BY THE BACK DOOR INSISTING UPON A PROCEDURE THAT CAN BE USED. >> I THINK, POINT OF THE WONDER OF PROTOCOL IS DEMONSTRATING WE'RE NOT DOING THAT. BEYOND...
|
| 00:13:24 |
Unidentified Speaker, -
EFFICACY AND, ON THE OTHER HAND, IS A REQUIREMENT OF HAVING TRAINED QUALIFIED PERSONNEL PARTICIPATE IS IMPOSSIBLE AND I DO SAY THAT. FOR EXAMPLE, V E...
|
| 00:14:01 |
Unidentified Speaker, -
HEARING YOUR ANSWERS THAT IN EFFECT WE ARE BEING ASKED TO MAKE FINDINGS ABOUT THE AVAILABILITY OF MEDICAL PERSONNEL AND THE FEASIBILITY OF TRAINING...
|
| 00:14:10 |
Unidentified Speaker, -
SO ON? THAT THE TRIAL COURT NEVER MADE IT BECAUSE IT DIDN'T THINK IT HAD TO MAKE A COMPARATIVE ANALYSIS HERE. SO THAT
|
| 00:14:18 |
Unidentified Speaker, -
IF, IN FACT, TO THE COMPARATIVE ANALYSIS IS CRUCIAL TO THE CASE, WE SHOULD SEND A THING BACK FOR FACT-FINDING BY A TRIAL JUDGE RATHER THAN TRYING...
|
| 00:14:53 |
Unidentified Speaker, -
PARTICULARLY RELEVANT TO THE ISSUE BEFORE IT. AND THAT IS THE BASIS OF OUR DISAGREEMENT WITH RESPECT TO LEGAL TESTS. IT IS OUR POSITION THAT THE RECORD...
|
| 00:15:40 |
Unidentified Speaker, -
FOR UNCONSCIOUSNESS BUT IN ADDITION AS THE EXPERT TESTIMONY ESTABLISHED TO HAVE TO HAVE CLOSE A VISUAL OBSERVATION BY THE TRAINED PERSONNEL. >> AS TO...
|
| 00:16:11 |
Unidentified Speaker, -
AS IS A THE EKG. >> MR. VERRILLI, THIS IS AN EXECUTION, NOT SURGERY. THE OTHER SIDE CONTENDS. THAT YOU NEED
|
| 00:16:20 |
Unidentified Speaker, -
TO MONITOR THE DEATH OF THE ON CONSCIOUSNESS. WHEN YOU EXPECT TO BRING A PERSON BACK, YOU DO NOT WANT HARM TO OCCUR TO THE PERSON. BUT THEY ASSERT THAT...
|
| 00:16:35 |
Unidentified Speaker, -
OR NOT, ALL IT TAKES IS A SLAP IN THE FACE AND SHAKING THE PERSON. THAT IS OUR CONTENTION. >> IS NO SLACK IN THE FACE OR SHAKING THE PERSON. THERE IS...
|
| 00:17:04 |
Unidentified Speaker, -
TO DETERMINE WHETHER SOMEBODY IS CONSCIOUS OR NOT. >> WITH REGARD TO THE TRIAL COURT'S FAILURE TO MAKE FINDINGS ABOUT THE AVAILABILITY OF PEOPLE TO DO...
|
| 00:17:28 |
Unidentified Speaker, -
DETERMINE WHETHER SOME IS CONSCIOUS. >> WITH REGARD TO THE TRIAL COURT'S ABILITY TO MAKE FINDINGS ABOUT THE AVAILABILITY OF PEOPLE TO DO THIS AND ABOUT...
|
| 00:17:45 |
Unidentified Speaker, -
PAINFUL DRUGS, WAS THAT A FAILURE TO IGNORE EVIDENCE THAT YOU
|
| 00:17:53 |
Unidentified Speaker, -
PRODUCED? >> YES. >> BID TO INTRODUCE EVIDENCE TO SHOW, INDEED, MEDICALLY TRAINED PERSONNEL OR READILY AVAILABLE TO DO THE THINGS YOU SAID? >> I DON'T...
|
| 00:18:13 |
Unidentified Speaker, -
OTHER STATES HAVE HAD THEIR
|
| 00:18:15 |
Unidentified Speaker, -
ABILITY TO BRING MEDICALLY QUALIFIED PERSONNEL TO BEAR TO RUN THIS PROCESS. >> I'M VERY RELUCTANT TO
|
| 00:18:22 |
Unidentified Speaker, -
SEND IT BACK TO THE TRIAL COURT SO WE CAN HAVE A NATIONWIDE SENSATION OF ALL EXECUTIONS WHILE THE TRIAL COURT FINISHES ITS WORK AND IT GOES TO ANOTHER...
|
| 00:18:42 |
Unidentified Speaker, -
DECIDED ON THE BASIS OF THE RECORD HERE BECAUSE THE UNDISPUTED EXPERT TESTIMONY ON THESE KEY ISSUES SHOWS DEFICIENCIES IN PROTOCOL. >> MAY I ASK YOU...
|
| 00:18:58 |
Unidentified Speaker, -
AN UNDERSTANDING YOUR POSITION DISCUSSED EARLIER ABOUT THE PROBABILITY OF SIMPLY BARBITUATES DOES AS OPPOSED TO THE THREE DRUG COMBINATION. IT SAID...
|
| 00:19:14 |
Unidentified Speaker, -
UNDISPUTED EVIDENCE, AND THAT THE 3 GRAMS OF THE BARBITUATES ACTUALLY USED WOULD BE SUFFICIENT TO CAUSE DEATH. IS THAT CORRECT? >> THAT'S CORRECT CONTRACT...
|
| 00:19:44 |
Unidentified Speaker, -
ESTABLISHES DEATH IS CERTAIN. >> MY RECOLLECTION IS IN A COUPLE OF PLACES IN YOU'RE BRIEF, ONE AT LEAST,
|
| 00:19:53 |
Unidentified Speaker, -
HE REFERRED TO THE PROBABILITY OF A MINISTER RANK AND I THINK THE TERM WAS A MASSIVE DOSE OF BARBITUATES, WHICH I TOOK TO MEAN MORE THAN THE 3 GRAMS....
|
| 00:20:06 |
Unidentified Speaker, -
A MASSIVE DOSE BUT IF ONE HAD
|
| 00:20:08 |
Unidentified Speaker, -
ANY DOUBT ABOUT THE CERTAINTY OF THE EFFECT OF CAUSING DEATH ONE COULD INCREASE THE DOSE. >> IS THERE ANY EVIDENCE IN THE RECORD ABOUT WHAT TO THE ENHANCED...
|
| 00:20:27 |
Unidentified Speaker, -
PROTOCOL AUTHOR DECIDED THERE WOULD BE NO CHANCE WHATSOEVER THAT DEATH WOULD NOT OCCUR AND THE AMOUNT SHOULD BE GREATER THAN 3 GRAMS, WAS THERE ANY EVIDENCE...
|
| 00:20:37 |
Unidentified Speaker, -
RECORD ABOUT HOW MUCH THERE OUGHT TO BE IF YOU GO ABOVE 3 GRAMS? >> I'M NOT SURE THERE IS ANYTHING IN THE RECORD. THERE IS DISCUSSION IN THE BREEZE ABOUT...
|
| 00:21:01 |
Unidentified Speaker, -
PEOPLE WILL MIX THE DRUGS IN THE WRONG WAY INCLUDING THE SODIUM PENTOTHAL. THAT OBJECTION WOULD STILL BE THERE IF WE ADOPTED ALTERNATIVE WOULDN'T IT?...
|
| 00:21:14 |
Unidentified Speaker, -
IS, AS I TRIED TO SAY EARLIER EVEN IF THERE IS MEL ADMINISTRATION -- >> ASP IT IS FOCUSING ON THE MIXING OF THE DRUG. MIXING WOULD BE UNDERTAKEN ON THE...
|
| 00:21:34 |
Unidentified Speaker, -
THE EXECUTION PROCEEDS THERE MAY BE A PROBLEM THAT NEEDS TO BE FIXED BUT IT WILL NOT BE A PROBLEM
|
| 00:21:40 |
Unidentified Speaker, -
THAT CAUSES ANY PAIN AND THAT'S A CRITICAL DIFFERENCE. BECAUSE. >> WE'VE BEEN DISCUSSING
|
| 00:21:49 |
Unidentified Speaker, -
THIS AS IT THAT IS A CONSTITUTIONAL REQUIREMENT. WORD IS THAT COME FROM? THAT YOU MUST FIND THE METHOD OF EXECUTION THAT CAUSES THE LEAST PAIN. WE HAVE...
|
| 00:22:09 |
Unidentified Speaker, -
A PAINFUL DEATH THAN THE PROTOCOL HERE. WHERE DOES THIS COME FROM IN THE EXECUTION OF A PERSON WHO HAS BEEN CONVICTED OF KILLING PEOPLE, WE MUST CHOOSE...
|
| 00:22:52 |
Unidentified Speaker, -
OUT OF THE SENSES WHEN AND SELECT PORTRAIT STAFF. WE'RE AT THE COURT OF CONCERN TO MACK I DON'T AGREE WITH THAT. THE CONCERN WAS WITH TORTURE WHICH IS...
|
| 00:23:42 |
Unidentified Speaker, -
DUE RESPECT, WILKERSON SAYS OF MR. PAYNE. >> YOUR TO YOUR POSITION. HE SAID EARLIER WE DIDN'T HAVE TO FIND THE LEAST PAINFUL WAY. >> THAT'S, CORRECT....
|
| 00:23:58 |
Unidentified Speaker, -
UNNECESSARY PAIN ARE TO? >> BECAUSE OUR POSITION IS THE PAIN INFLICTED HERE WHEN
|
| 00:24:06 |
Unidentified Speaker, -
THIS GOES WRONG IS
|
| 00:24:09 |
Unidentified Speaker, -
TORTUROUS EXCRUCIATING PAIN UNDER ANY DEFINITION. FOR NOT TALKING ABOUT THIS LIKE INCREMENTAL DIFFERENCE.
|
| 00:24:14 |
Unidentified Speaker, -
WE'RE TALKING ABOUT THE
|
| 00:24:16 |
Unidentified Speaker, -
INFLICTION OF PORT-OF-SPAIN. >> IS IN YOUR POSITION THAT EVERY FORM OF EXECUTION EVER USED IN THE UNITED STATES, IF IT WERE TO BE USED TODAY
|
| 00:24:24 |
Unidentified Speaker, -
WOULD VIOLATE THE EIGHTH AMENDMENT? >> NO. >> WHICH FORM THAT HAS BEEN USED AT SOME TIME IN AN EXECUTION. >> ONE SHOULD SUBJECTED TO THE TEST WHETHER...
|
| 00:24:38 |
Unidentified Speaker, -
A RISK OF PORT-OF-SPAIN. >> HANGING CERTAINLY WOULD? >> IT WOULD HAVE TO BE SUBJECTED TO THE PAST APPEARED. >> IS THAT A HARD
|
| 00:24:47 |
Unidentified Speaker, -
QUESTION
|
| 00:24:48 |
Unidentified Speaker, -
WHETHER HANGING WOULD CRACKS AND WHETHER YOU HAD EXPERTS AND UNDERSTOOD THE DROP WEIGHT THAT WOULD BREAK THE NECK. >> IF THERE IS A RISK
|
| 00:24:56 |
Unidentified Speaker, -
OF PORT-OF-SPAIN AND READILY ALL THE ALTERNATIVES THAT COULD OBVIATE THE
|
| 00:25:02 |
Unidentified Speaker, -
RISK
|
| 00:25:03 |
Unidentified Speaker, -
THAT ANY. >> IT WOULD DEPEND. THE ARGUMENT
|
| 00:25:07 |
Unidentified Speaker, -
OF WHETHER OR NOT IT IS PAINLESS. THAT WAS ITS POINT WHEN IT WAS ENACTED IT WOULD BE A PAINLESS, BETH. >> IT HAS TO BE
|
| 00:25:16 |
Unidentified Speaker, -
PAINLESS? >> IT DOES NOT BUT THAT IS WHAT IT WAS A POINT. ONE WOULD HAVE TO SUBJECT IT TO THE TEST AND SEE WHETHER IT INFLICTS SEVERE PAIN THAT
|
| 00:25:25 |
Unidentified Speaker, -
IS READILY AVOIDABLE. BY AN ALTERNATIVE. >> YOU HAVE NO DOUBT THAT THE THREE DRUG PROTOCOL KENTUCKY IS USING RILEY IS THE EIGHTH AMENDMENT BUT YOU
|
| 00:25:36 |
Unidentified Speaker, -
REALLY CANNOT EXPRESS A JUDGMENT ABOUT ANY OF
|
| 00:25:38 |
Unidentified Speaker, -
THE OTHER METHODS EVER BEEN USED? >> ELECTROCUTION MAY WELL BUT IT WOULD DEPEND, YOUR HONOR, IF IT COULD BE ESTABLISHED IT WAS PAINLESS THAT THERE WASN'T...
|
| 00:25:50 |
Unidentified Speaker, -
INFLECTING EXTRA SHOOTING PAIN IN WOULD BE UPHELD. IT DOES SEEM A SERIOUS QUESTION AND WAS CONSIDERED A FEW TIMES AGO, BUT THAT WOULD BE THE TEST OF...
|
| 00:26:03 |
Unidentified Speaker, -
HERE. >> I THINK YOU'D HAVE TO SHOW IT IS UNUSUAL, NOT PAINLESS. CRUEL AND UNUSUAL IS WHAT WE'RE TALKING ABOUT. THERE IS NO PAINLESS REQUIREMENT. >>...
|
| 00:26:24 |
Unidentified Speaker, -
AND? >> IT SEEMS TO ME IS MORE THAN THAT. KENNEDY IS ONE CASE THAT SHOWS IT. THERE IS A CASE IN WHICH THE EIGHTH
|
| 00:26:35 |
Unidentified Speaker, -
AMENDMENT FORBIDS THE EXECUTION OF A PERSON WHO WAS INSANE AT THE TIME OF EXECUTION AND
|
| 00:26:40 |
Unidentified Speaker, -
IN THAT SITUATION THERE IS NO INTENT ON THE PART OF THE PEOPLE CARRYING OUT THE EXECUTION TO INFLICT CRUEL AND UNUSUAL PUNISHMENT. THIS COURT DID
|
| 00:26:50 |
Unidentified Speaker, -
REQUIRE, IT SAID SOMETHING QUITE DIFFERENT. THE POLAR OPPOSITE. THE STATES HAD TO HAVE IN PLACE PROCEDURES TO ENSURE THERE WAS AN ARBITRARY AND PUTIN...
|
| 00:28:04 |
Unidentified Speaker, -
RISK OF EXCRUCIATING
|
| 00:28:06 |
Unidentified Speaker, -
PAIN? >> YES,. >> DO AGREE IF THAT RISK OCCURRED IN EVERY CASE IT WOULD VIOLATE THE EIGHTH AMENDMENT? >> YES,. BECAUSE THE ADMINISTRATION OF THE FIRST...
|
| 00:28:20 |
Unidentified Speaker, -
IMPORTANT IT IS IMPORTANT TO FOCUS ON THE SAFEGUARDS KENTUCKY HAS IN PLACE TO MAKE SURE THE FIRST DRUG IS PROPERLY ADMINISTERED. CONTRARY
|
| 00:28:27 |
Unidentified Speaker, -
TO WHAT MR. VERRILLI HAS SUGGESTED, KENTUCKY HAS EXCELLENT SAFEGUARDS
|
| 00:28:30 |
Unidentified Speaker, -
IN PLACE. LET ME START WITH WHO PUTS IN THE IV LINE WHICH IS THE MOST CRITICAL OF THE PROCESS. KENTUCKY
|
| 00:28:37 |
Unidentified Speaker, -
USES WHAT IS THE BEST QUALIFIED HUMAN BEING IN THE COMMONWEALTH OF KENTUCKY TO PLACE THE IV. IT USES A PHLEBOTOMIST WHO IN HER DAILY JOB FORCE IN THE...
|
| 00:29:11 |
Unidentified Speaker, -
ON-THE-JOB EXPERIENCE. THIS PERSON PLACES 30 KNEELS A DAY IN THE PRISON POPULATION AND IN PAGE 2738 POINTS OUT SHE WORKS IN HER
|
| 00:29:19 |
Unidentified Speaker, -
DAILY JOB AT THE
|
| 00:29:20 |
Unidentified Speaker, -
PRISON POPULATION. WHAT SHE IS USED TO FOR MANY YEARS WORKING WITH THE PRISON POPULATION IS THE KINDS OF PROBLEMS
|
| 00:29:26 |
Unidentified Speaker, -
OF COMPROMISE, WE HAVE AN INMATE POPULAR TO SPECIFICALLY. >> SOMEBODY LIKE THE RED CROSS WORKER WHO WORKS IN THE NEEDLE WHEN SOMEBODY DONATES BLOOD....
|
| 00:29:52 |
Unidentified Speaker, -
KNOW HOW TO DO THIS. IT IS SOMEWHAT REFERRED TO AS
|
| 00:29:59 |
Unidentified Speaker, -
SCUTWORK AND HOSPITAL. >> I THOUGHT THERE WASN'T A SERIOUS QUESTION ABOUT WHO INSERTS THE IV. THOSE ARE TRAINED PEOPLE. BUT THE POINT THAT WAS HIGHLIGHTED...
|
| 00:30:22 |
Unidentified Speaker, -
CALLED EXECUTIONERS. THE ONES WHO OPERATE THE SYRINGE. >> YOU'RE HONOR, KENTUCKY HAS SAFEGUARDS IN PLACE TO MAKE SURE THE INMATE IS ASLEEP BEFORE THE...
|
| 00:30:51 |
Unidentified Speaker, -
PRACTICE SESSIONS, KENTUCKY REQUIRES MONTHLY PRACTICE SESSIONS BY THE EXECUTION TEAM BECAUSE IT IS CONCERNING. WITH RESPECT TO PUSHING THE IDEA THOSE...
|
| 00:31:42 |
Unidentified Speaker, -
IS NO PROFESSIONAL PERSON THAT HAS ANY FURTHER PART. >> SAY THEY LEAVE THE ROOM IS INACCURATE BUT THE SUGGESTION I HAVE NO OTHER PART IS MISLEADING....
|
| 00:32:09 |
Unidentified Speaker, -
THE MAIN PROBLEM IN THE EXECUTIONS THAT HAVE GONE WRONG, THE MAIN PROBLEM IS THE IV GOES INTO TISSUE AND SOME OF THE VEIN. IF THAT HAPPENS, DR. TESTIFIED...
|
| 00:33:56 |
Unidentified Speaker, -
RAPIDLY ADMINISTERED THREE OR 5-GRAM DOSE OF THE BARBITUATES WOULD
|
| 00:34:01 |
Unidentified Speaker, -
CAUSE OF DEATH IN NORMAL CIRCUMSTANCES. >> IF IT DOESN'T YOU COULD ADMINISTER MORE OF THE DRUG AND THEN IT WOULD? >> THAT IS PROBLEMATIC ACTUALLY. THIS...
|
| 00:34:12 |
Unidentified Speaker, -
THE RECORD. MY UNDERSTANDING IS THE HUMAN BODY CAN TAKE MORE THAN A CERTAIN AMOUNT OF BARBITUATES AND BECOMES PROBLEMATIC TO GO PAST 5 GRAMS WHICH IS...
|
| 00:34:25 |
Unidentified Speaker, -
DRUG IN THE THREE DRUG PROTOCOL IS NECESSARY TO MAKE THE EXECUTION AFFECT
|
| 00:34:30 |
Unidentified Speaker, -
A? >> NO, CAN CHECK THE ONE CHIEF JUSTICE DESCRIBED. >> CORRECT. >> YOU DON'T WANT TO HAVE A PLEASANT APPEARANCE OF DEATH OF THE TIME? >> IT'S MORE THAN...
|
| 00:34:45 |
Unidentified Speaker, -
FOR THE SECOND DRUG WHEN THAT IS THE DRUG THAT CREATES A RISK OF EXCLUDING PAIN? >> THAT ISN'T
|
| 00:34:52 |
Unidentified Speaker, -
THE DRUG THAT COMMITS A
|
| 00:34:54 |
Unidentified Speaker, -
RISK OF PAIN AND THE FIRST
|
| 00:34:56 |
Unidentified Speaker, -
ONE IS IMPROPERLY ADMINISTERED. THE JUSTIFICATION IS MANY SEABIRDS ARE IN
|
| 00:34:59 |
Unidentified Speaker, -
PLACE TO MAKE SURE THE FIRST ON THE PROBLEM ADMINISTERED AND IT DOES BRING ABOUT A MORE DIGNIFIED DEATH. DIGNIFIED FOR THE INMATES, A DIGNIFIED FOR...
|
| 00:35:12 |
Unidentified Speaker, -
RISK OF ITS RESHOOTING PAIN? >> NO, YOUR HONOR. NO. >> THE RISK OF ESTHER SHOOTING PAIN OUTWEIGH THE RISK OF AN UNDIGNIFIED DEATH? >> A SIGNIFICANT RISK...
|
| 00:35:31 |
Unidentified Speaker, -
TO THE PROCESS KNOWS THERE IS SOME RISK OF EXCRUCIATING PAIN THAT COULD BE AVOIDED BY GOING THROUGH
|
| 00:35:36 |
Unidentified Speaker, -
THE PROTOCOL, WOULD HE PREFER TO SAY I WANT TO DIE IN A
|
| 00:35:39 |
Unidentified Speaker, -
DIGNIFIED WAY? >> YOU'RE HONOR, IF I MAY ANSWER
|
| 00:35:45 |
Unidentified Speaker, -
INDIRECTLY, THAT RISK CAN BE AVOIDED BUT THERE IS NOT A
|
| 00:35:51 |
Unidentified Speaker, -
CERTAIN DEATH WITH WONDER PROTOCOL, AND ALSO TAKES A VERY LONG TIME TO DIE WITH THE ONE DRUG PROTOCOL. >> WHAT IS A LONGTIME? DENNIS. >> THIS
|
| 00:36:03 |
Unidentified Speaker, -
IS BEST TO MAKE THE USE A SINGLE DRUG PROTOCOL WITH ANIMALS BECAUSE IT IS MORE HUMANE. >> KNOW, THE USE A SINGLE DRUG WITH ANIMALS BECAUSE THAT IS A...
|
| 00:36:19 |
Unidentified Speaker, -
OF PLEASE USING DIFFERENT CONSIDERATIONS. >> ISN'T IT REQUIRED BY KENTUCKY
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| 00:36:24 |
Unidentified Speaker, -
LAW? >> THE USE OF IT NEUROMUSCULAR BLOCKING AGENT IS BARRED BY
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| 00:36:31 |
Unidentified Speaker, -
KENTUCKY LAW. >> SOMETHING MORE IS INVOLVED THAN VETERINARY PRACTICE? >> IN THE VETERINARY SETTING SOME OF PROGRAM POLICYMAKER HAS MADE
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| 00:36:43 |
Unidentified Speaker, -
THE DECISION THAT WHAT THEY PERCEIVE AS RISKS
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| 00:36:49 |
Unidentified Speaker, -
OUTWEIGH THE BENEFITS -- >> IN THE SETTING OF KENTUCKY LAW THE LEGISLATOR OF
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| 00:36:54 |
Unidentified Speaker, -
KENTUCKY SAID IT WE WILL MAKE THIS A LEGAL REQUIREMENT AND I ASSUME THEY HAVE SOME REASON FOR THE OTHER THAN DO IT THAT
|
| 00:37:00 |
Unidentified Speaker, -
WAY. >> IS A KENTUCKY LAW DO ANYTHING OTHER THAN ADOPT THE GUIDELINES? >> ALL THE KENTUCKY DUKE LAW DOES IS FORBID THE USE OF NEUROMUSCULAR
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| 00:37:13 |
Unidentified Speaker, -
BLOCKING AGENT. THERE IS NO RECORD ON THIS BUT PRESUMABLY THAT IS BECAUSE OF VETERINARIANS POLL THE STATE LEGISLATURE THAT WAS A GOOD IDEA. >> WHY...
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| 00:37:24 |
Unidentified Speaker, -
IS THE STANDARD VETERINARY PRACTICE IS NOT TO USE IT?
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| 00:37:29 |
Unidentified Speaker, -
OBVIOUSLY I'M TRYING TO GET TO WHAT EVIDENCE WE HAVE HERE FOR A FINDING SOMEWHERE THAT WE CAN TAKE INTO CONSIDERATION THAT THERE IS A COMPARATIVE BENEFITS...
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| 00:37:43 |
Unidentified Speaker, -
DISTINCT FROM THE PROTOCOL THAT HAS BEEN DEVISED. SO ISN'T IT REASONABLE TO SUPPOSE THE KENTUCKY LEGISLATURE MADE SOME KIND OF A FINDING AND CAME TO...
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| 00:38:22 |
Unidentified Speaker, -
MADE BY EVERYONE WAS LOOKED AT THIS AND THE DEATH PENALTY CONTENTS TO USE THE SECOND. >> CORRECT ME IF I'M WRONG BUT THE ONLY COST THAT YOU HAVE IDENTIFIED...
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| 00:38:48 |
Unidentified Speaker, -
DELETERIOUS ABOUT USING THE SECOND DRUG WE ALL AGREE IF THE FIRST DRUG IS MALADMINISTERED IT CAN CAUSE PAIN. IF THE FIRST DRUG IS NOT MALADMINISTERED,...
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| 00:39:08 |
Unidentified Speaker, -
DEATH PENALTY CONTEXT TO USE THE SECOND. >> THE CORRECT ME IF I'M WRONG BUT THE ONLY COST THAT YOU HAVE IDENTIFIED IN USING THE ONE DRUG ONLY AREN'T,...
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| 00:39:32 |
Unidentified Speaker, -
AND I DON'T KNOW HOW STRONG A POSSIBILITY BUT THE POSSIBILITY THAT THE ONE DRUG WOULD NOT WORK. IS THERE ANY OTHER COST? AND USING ONE DRUG? >> THE...
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| 00:40:03 |
Unidentified Speaker, -
SAID IT WOULD TAKE 30
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| 00:40:06 |
Unidentified Speaker, -
MINUTES. >> 30 MINUTES IS AGAINST SOME RISK OF EXCRUCIATING PAIN, IS THAT IN EFFECT REASONABLE TO SAY 30 MINUTES IS TOO LONG? >> IT
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| 00:40:15 |
Unidentified Speaker, -
DEPENDS ON HOW THE SAME PAIN IS. THERE IS VERY LITTLE EVIDENCE TO BACK IS YOUR POINT THERE IS SIMPLY NO QUANTIFICATION OF THAT RISK IS? >> THAT IS ONE...
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| 00:40:27 |
Unidentified Speaker, -
ON MY WHOLE POINT. >> WHAT IS YOUR POINT? >> I SPEAKING RHETORICALLY, ONE CAN TAKE A LOOK AT THE RISK
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| 00:40:36 |
Unidentified Speaker, -
OF SO-CALLED BOTCHED EXECUTIONS IN THIS COUNTRY, IN THE DEATH PENALTY WEBSITE, THE SO-CALLED MOCK EXECUTIONS ARE THE EXECUTIONS IN WHICH THERE
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| 00:40:47 |
Unidentified Speaker, -
WAS PAIN. THEY ARE EXECUTIONS IN WHICH IN THE OVERWHELMING MAJORITY ONE OF THE THINGS HAPPEN.
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| 00:40:52 |
Unidentified Speaker, -
IT TOOK A LONG TIME TO
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| 00:40:53 |
Unidentified Speaker, -
FIND A VEIN, THE ONLY REASON THEY SAY IT WAS BOTCHED. OR THE INMATES SHOWED MUSCLE MOVEMENTS, THE EXACT SAME THING THE BROMIDE PREVENTS AND WITH NO EVIDENCE...
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| 00:41:51 |
Unidentified Speaker, -
CONTRARY BY THE DISTRICT COURT WILL SUPPORTED BY EVIDENCE. THEY ARGUE THE PLACING OF THE IV IS A PROBLEM, KENTUCKY HAS THE BEST QUALIFIED PERSON IN THE...
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| 00:42:02 |
Unidentified Speaker, -
A RISK BECAUSE THE PEOPLE WATCHING DON'T KNOW TO LOOK FOR, ALL THEY NEED TO LOOK FOR A SWELLING, WHETHER THE PERSON IS AWAKE, NOTICEABLE TO A LAY OBSERVER....
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| 00:42:42 |
Unidentified Speaker, -
DRUGS AND TO CHECK IN IT FOR CONSCIOUSNESS? >> THERE ARE REASONS FOR THAT. >> WHAT ARE THE REASONS? >> TO ADMINISTER THE DRUG IS THE ONLY TRAINED PERSONNEL,...
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| 00:43:06 |
Unidentified Speaker, -
BE
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| 00:43:08 |
Unidentified Speaker, -
PREFERABLE TO EXECUTIONERS TO HAVE NO
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| 00:43:10 |
Unidentified Speaker, -
PROFESSIONAL QUALIFICATIONS. >> THE EXPERT TEAM, THE PEOPLE WHO HAVE TRAINED AND HAD A PRACTICE SESSION SINCE THE LAST EXECUTION OF THE PEOPLE WHAT MINISTER...
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| 00:43:24 |
Unidentified Speaker, -
LINE. >> THEY HAVE ZERO EXPERTISE IN PUSHING DRUGS. THEY HAVE EXPERTISE IN IV AND FIND A VEIN. >>
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| 00:43:33 |
Unidentified Speaker, -
THE MR. ENGLERT CAN I ASK YOU A BASIC QUESTION? DO YOU THINK THE CONSTITUTIONALITY OF THE THREE DRUG PROTOCOL ITSELF IS AN ISSUE IN THIS CASE OR MERELY...
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| 00:43:42 |
Unidentified Speaker, -
THE KENTUCKY HAS DONE AN INADEQUATE JOB OF USING
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| 00:43:45 |
Unidentified Speaker, -
THAT PROTOCOL? >> I THINK WHAT IS PROPERLY BEFORE THE COURT IS ONLY THE LATTER QUESTION, BUT OBVIOUSLY -- >> YOU DECIDE THIS ON THE GROUND THE RECORD
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| 00:43:54 |
Unidentified Speaker, -
IS VERY PERSUASIVE IN YOUR FAVOR I HAVE TO KNOWLEDGE, IF WE DECIDE THE FACT KENTUCKY IS DOING AN ADEQUATE JOB OF THE ADMINISTERING THIS PROTOCOL THAT...
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| 00:44:07 |
Unidentified Speaker, -
DRUG WHICH IS NOTHING BUT AVOID UNPLEASANTNESS OF VISITORS IS IT'S UNCONSTITUTIONAL. WE HAVE TO WAIT FOR ANOTHER
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| 00:44:13 |
Unidentified Speaker, -
CASE TO DECIDE THAT? >> THE COURT TO WRITE AN OPINION IN THEIR WAY. THERE IS A GOOD REASON TO HOLD THE USE .. .. .. .. .. .. .. .. .. .. .. .. .. .....
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| 00:44:37 |
Unidentified Speaker, -
IT WOULD BE STRANGE TO HOLD THAT IS CRUEL AND UNUSUAL PUNISHMENT. >> NO LEGISLATURE HAS REQUIRED IT AS I UNDERSTAND INTO NO 14 HAVE REQUIRED IT. >> A...
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| 00:45:29 |
Unidentified Speaker, -
MEDIA. PROTECTING THE ANONYMITY OF MEMBERS OF THE EXECUTION TEAM IS EXTREMELY
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| 00:45:35 |
Unidentified Speaker, -
IMPORTANT. THEY ARE SUBJECT TO ALL KIND OF
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| 00:45:37 |
Unidentified Speaker, -
PRESSURES IF ANONYMITY IS NOT PROTECTED. SO INSTEAD OF STAYING IN THE ROOM, THEY GO AGAIN BEHIND A ONE HUF WAY MIRROR IN AN A JAIS AN ROOM WITH AN EXTREMELY...
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| 00:46:31 |
Unidentified Speaker, -
FOR THE BENEFIT OF THE WINS. >> THE CHIEF JUSTICE SAID IS THERE GOING TO BE
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| 00:46:35 |
Unidentified Speaker, -
A LITIGATION AGAINST ANOTHER
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| 00:46:37 |
Unidentified Speaker, -
PROTOCOL WHEN ADOPT FOOD AND MR. VERRILLI SAYS THAT ARGUMENT WILL FAIL. THE HISTORY
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| 00:46:44 |
Unidentified Speaker, -
OF THE DEATH PENALTY INVESTIGATES OF THOSE THAT REPRESENT A NEW INMATE WILL SAY THAT THE ONE DRUG PROTOCOL DOES NOT
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| 00:46:53 |
Unidentified Speaker, -
DO ENOUGH TO PROTECT THE DIGNITY AND TWO-DRUG WILL NOT DO ENOUGH TO PROTECT DIG NICHLT WHETHER THAT IS A LEGITIMATE CONSIDERATION. I INVITE THE COURT...
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| 00:47:36 |
Unidentified Speaker, -
IS JUSTIFICATION IS INSUFFICIENT TO JUSTIFY THE PROTOCOL, HOW CAN WE EVER HOLD THAT THE JUSTIFICATION IS SO SERIOUS AS TO MAKE THE WHOLE PROCEDURE...
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| 00:47:45 |
Unidentified Speaker, -
I
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| 00:47:46 |
Unidentified Speaker, -
WILL TALE YOU HOW TO HOLD THAT. WHAT WILL HAPPEN IN THE NEXT CASE. THEY WILL SAY THIS ISSUE WAS NOT RAISED IN THE TRIAL COURT OF KENTUCKY. THE
|
| 00:47:53 |
Unidentified Speaker, -
SUPREME COURT DECIDE THIS HAD CASE ON A INADEQUATE
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| 00:47:56 |
Unidentified Speaker, -
FACTUAL RECORD. THEREFORE, THE COURT SHOULD TAKE A NEW LOOK AT IT BECAUSE LIFE AND DEATH ARE AT STAKE AND AND PRESUMABLY, IT WOULD DEPEND ON THE ALTERNATIVE...
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| 00:48:07 |
Unidentified Speaker, -
IF THE STANDARD IS TRULY ELIMINATING ALL OF THE UNNECESSARY RISK OF PAIN, THEN ANYTHING THAT IS NOT A SINGLE ON MALSTANDARD IS UNCONSTITUTIONAL AND...
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| 00:48:26 |
Unidentified Speaker, -
PROTOCOLS. >> THANK YOU. >> THANK YOU MR. ENGLERT. >> THANK YOU MR. CHIEF JUSTICE. >> PETITIONERS IN ACT TO INVALIDATE THE METHOD OF EXECUTION PAIN...
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| 00:48:49 |
Unidentified Speaker, -
A METHOD NEVER USED IN ANY EXECUTION OUT OF STEP WITH THE LAWS AND THE PRACTICE OF EVERY DEATH
|
| 00:48:56 |
Unidentified Speaker, -
PENALTY JURISDICTION IN THE UNITED STATES. THE
|
| 00:48:58 |
Unidentified Speaker, -
PROPOSED CONSTITUTIONAL STANDARD. THE PETITION NERVES SAY REQUIRES THIS
|
| 00:49:03 |
Unidentified Speaker, -
EXTRAORDINARY RESULT SEVERAL FUNDAMENTAL FLAWS. FIRST, IT IS AT ODDS WITH THIS COURT'S PRECEDENCE, ESTABLISHING A SUBSTANIAL RISK AND THRESHOLD FOR...
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| 00:50:09 |
Unidentified Speaker, -
DO YOU SAY TO THAT? >> A FEW THINGS. WE ARE HERE TODAY IN THE SECTION 1983 ACTION. THIS COURT AND THE HILL CASE. AND ALSO NELSON CASE ARE ANAL GUIDES...
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| 00:50:22 |
Unidentified Speaker, -
OF CONFINE MEN IN SO FAR THESE CLAIMS ARE NOT DIRECTED TO THE PUNISHMENT ITSELF BUT TO THE MANNER OF WHICH
|
| 00:50:31 |
Unidentified Speaker, -
PUNISHMENT IS IMPLEMENTED OR CARRIED OUT. THIS UNDER THE NELSON CASE PUT THESE TYPES OF CASE NOOZ CONDITIONS OF CONFINEMENT. >> WE DID FOR THE PURPOSES...
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| 00:50:59 |
Unidentified Speaker, -
SUBSTANTIAL LIST FOR THE COURT IS APPLIED IN THE HELEN VERSES CASE WHICH APPLIES TO THE CONDITIONS OF CLAIMS WHERE INMATES FACE THE RISK OF EXCRUCIATING...
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| 00:51:16 |
Unidentified Speaker, -
APPLIES TO SOMEONE THAT IS FORCE TODAY SPEND AND LIVE WITH THE 5-PACK A DAY SMOKER IS AT SUBSTANTIAL RISK THOUGH THE PERSON FACES A RISK OF LUNG CANCER...
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| 00:52:00 |
Unidentified Speaker, -
LOOK TO OTHER FEASIBLE ALTERNATIVES THOUGH I WOULD SAY. >> THAT IS PART OF THE ANALYSIS. THIS NEVER ENDS. >> WELL JUSTICE. THAT IS PART -- >> THERE WILL...
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| 00:52:17 |
Unidentified Speaker, -
THINK THAT THE PETITIONER'S STANDARD IS WRONG IT WILL END TO
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| 00:52:24 |
Unidentified Speaker, -
ENDLESS REGULATION
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| 00:52:26 |
Unidentified Speaker, -
INTO AND AS A THRESHOLD MATTER.
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| 00:52:29 |
Unidentified Speaker, -
THE CASE IS ESTABLISH THAT CAN YOU HAVE TO SHOW WITH RESPECT TO THE METHOD THAT YOU ARE CHALLENGING, THE RISK MORE THAN
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| 00:52:36 |
Unidentified Speaker, -
NEGLIGENCE, ACCIDENT IN THE METHOD BEING CARRIED OUT. GAMBLE WILL ESTABLISH THAT AND REITY RATES THAT. >> THERE IS A STANDARD THAT --, THERE HAS TO BE...
|
| 00:53:09 |
Unidentified Speaker, -
TO GET INTO THAT COMPARATIVE INQUIRY, WE THINK THAT YOU HAVE TO GET OVER THE FIRST
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| 00:53:15 |
Unidentified Speaker, -
THRESHOLD ESTABLISHED BY THE COURT'S CASES 4 AND THROUGH NEGLIGENT PAIN. WE DO NOT THINK THAT THE PETITION NERVES IN THE CASE HAVE GOTTEN OVER THE HURDLE....
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| 00:53:46 |
Unidentified Speaker, -
TRIED THE ONE-DRUGAL TURN AT THIS. WE DO NOT KNOW WHETHER IT WILL WORK IN PRACTICE. THOSE WROTE OPPOSE CAPITAL PUNISHMENT ACROSS THE
|
| 00:53:56 |
Unidentified Speaker, -
BOARD ARE WILLING TO TAKE A CAREFUL LOOK AT EVERYTHING. AND QUITE WILLING TO TAKE A LOOK AT CAREFUL ALTERNATIVES, IF WE COME UP WITH THE DECISION THAT...
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| 00:54:40 |
Unidentified Speaker, -
NOT SEND IT BACK SNI AM HONESTLY
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| 00:54:44 |
Unidentified Speaker, -
DISTURBED BY THE FACT THAT THIS EUTHANASIA REPORT THAT THEY BOTH RECOMMEND --. THEY ALSO SAY THAT THE -- WILL SODIUM PENTHOTHAL
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| 00:54:57 |
Unidentified Speaker, -
WILL NOT WORK EVEN IN CASE? THEY THINK THE CONTRARY. THERE IS UNCERTAINTY HERE. SHOULD WE SEND IT BACK FOR CONSIDERATION OF ALL OF THESE THINGS IN...
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| 00:55:46 |
Unidentified Speaker, -
WILL COME ALONG AND WE ARE GOING TO BE RIGHT BACK HERE A YEAR FROM NOW OR 18 MONTHS FROM NOW AND WON IT BE BETTER TO GET ONE CASE LITIGATED THOROUGHLY...
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| 00:56:02 |
Unidentified Speaker, -
ANOTHER ONE TO WIN ITS WAY? >> WE THINK THAT THE COURT SHOULD DECIDE THE SKPISH IT SHOULD DECIDE SAYING THAT PETITION NERVES HAVE NOT ESTABLISHED A...
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| 00:56:25 |
Unidentified Speaker, -
THAT THE WHAT IS DISTURBING TO US JUSTICE BREYERS AND ME AND OTHERS IS THAT WE WANT SOME SORT OF A
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| 00:56:33 |
Unidentified Speaker, -
DEFINITIVE DECISION HERE, THE MOST EXPEDITION WAY TO GET IT AND I WOULD CANNED I'D TO SAY THAT IT IS TO SEND THE CASE BACK AND SAY DO A COMPARATIVE ANALYSIS....
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| 00:57:14 |
Unidentified Speaker, -
ASSESSED AND REPEATED MODIFICATIONS TO LETHAL INJECTION PEROT COMES. 3 STATES HAVE UNTAKEN MAJOR INTERNAL REVIEWS OF THE PEROT COMES. CALIFORNIA. TENNESSEE,...
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| 00:57:51 |
Unidentified Speaker, -
WOULD YOU SAY THAT SO LONG AS 9 ONLY RISK COMES FROM NEGLIGENT APPLICATION OF THE PROTOCOL, NO COMPARISON IS REQUIRED? >> YES. YES. IN THIS CASE. >>...
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| 00:58:10 |
Unidentified Speaker, -
IT DOES NOT
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| 00:58:11 |
Unidentified Speaker, -
CREATE A SUBSTANIAL RISK THAT WOULD BE THE END OF THE MATTER WON IT? WE WOULD NOT HAVE A CASE IN FRONT OF US NEXT YEAR. >> THAT IS PROBABLY TRUE. THERE...
|
| 00:58:20 |
Unidentified Speaker, -
SHORTAGE OF THE IMAGINATION ON THE DEATH PENALTY
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| 00:58:23 |
Unidentified Speaker, -
ADVOCATES TO BRING THE TYPES OF CLAIMS BUT THE DECISION ALONG THOSE LINES WOULD GOAT A GREAT WAY TO PROVIDING CLARITY AND CERTAINTY. IN THE AREA. WOULD...
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| 00:58:39 |
Unidentified Speaker, -
5 INSTEAD OF 3? >> YES, THE FEDERAL GOVERNMENT CONCLUDE THAT HAD IT WAS AN APPROPRIATE DOSAGE TO ENSURE A DEEP CONSCIOUSNESS AMONG THE CONDEMNED INMATE....
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| 00:59:01 |
Unidentified Speaker, -
DEEP UNCONSCIOUSNESS. >> UNCONSCIOUSNESS TO RENNER. DEEPLY UNCONSCIOUS FOR A MATTER OF HOURS ESTABLISHED BY THE RECORD. >> THANK YOU. >> THANK YOU MR....
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| 00:59:21 |
Unidentified Speaker, -
TO EUTHANIZE ANIMALS IN THE WAY
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| 00:59:24 |
Unidentified Speaker, -
THAT KENTUCKY CARRIES OUT EXECUTIONS THAT IS TRUE. NOT JUST RESPECT TO THE USE
|
| 00:59:29 |
Unidentified Speaker, -
OF BROEL
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| 00:59:32 |
Unidentified Speaker, -
BROEM BUT
|
| 00:59:33 |
Unidentified Speaker, -
OTHER THAN BARBITURATES
|
| 00:59:35 |
Unidentified Speaker, -
AND POTASSIUM
|
| 00:59:37 |
Unidentified Speaker, -
UNLESS SOMEBODY TRAINED IN EFFECTIVE ANESTHESIA IS PARTICIPATING IN THE PROCESS. WHAT IT IS A MARK NEAR THIS IS A DANGER. SUFFICIENTLY REAL. IT IS...
|
| 01:00:11 |
Unidentified Speaker, -
AND THERE IS A TORTUREOUS PAIN INFLICTED SAYING HAVE YOU TO HAVE SOME BE IN THE PROCESS WHO IS TRAINED IN MONITORING ANESTHETIC
|
| 01:00:22 |
Unidentified Speaker, -
AND JUSTICE BREYER IF I
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| 01:00:24 |
Unidentified Speaker, -
COULD REFERRING TO THE POINT. MY UNDERSTAND SOMETHING THAT IN THE NETHERLANDS THERE IS A DOCTOR FRIEND, TRAINED IN AN STESHOLOGY THAT ADMINISTERS THE...
|
| 01:01:40 |
Unidentified Speaker, -
WITH SOME EFFECT TO THE FACTS OF THE CASE AND THAT WHICH IS 492. IT IS LETHAL BY ITSELF. 3 GRAMS. PAGE 94 HE SAID IT WOULD BE LETHAL IN VIRTUALLY EVERY...
|
| 01:02:01 |
Unidentified Speaker, -
PAGE FORGIVE ME. DO I NOT HAVE A PAGE NUMBER REFERENCEED. >> DR. DERSHOWITZ SAID THE SAME THING. AT PAGE 499 THE DOCTOR IS BEING ASKED THE QUESTION OF...
|
| 01:02:23 |
Unidentified Speaker, -
SURGICAL PROCEDURE OF WHICH YOU ARE USING VENTILATORS TO KEEP THE PERSONA LIVE. IN THAT SETTING. THE ANSWER IS NO.
|
| 01:02:29 |
Unidentified Speaker, -
THAT IS NOT A FAIR REPRESENTATION OF THE RECORD AT ALL. >> NOW WITH THE RESPECT TO THE QUESTION OF WHETHER WE ARE TO DELIVERING DIFFERENT STANDARDS AND...
|
| 01:02:52 |
Unidentified Speaker, -
TO USE CHEMICALS THAT CREATE THIS DANGER AND GIVE THAEN IT HAS DONE SO, YOU OUGHT TO HAVE THE COMMENCE RAT OBLIGATION TO TAKE THE REASONABLE STEPS NEED...
|
| 01:03:09 |
Unidentified Speaker, -
IS
|
| 01:03:11 |
Unidentified Speaker, -
SUBMITTED. >> LIVE PICTURE OF THE U.S. SUPREME COURT AS THE JUSTICES FINISHED
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| 01:03:28 |
Unidentified Speaker, -
WRAPPING UP ORAL ARGUMENT IN THE KENTUCKY CASE CHALLENGING WHETHER LETHAL INJECTION IS CURRENTLY ADMINISTERED VIOLATES THE 8TH AMENDMENT
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.