TOPEKA, Kan. (KSNT) – The Kansas Execution Process is under review.
This comes after a botched lethal injection in Oklahoma for a death row inmate.
Kansas First News Reporter Don Bolerjack spoke with a Washburn Law professor to see how the incident could attract legal retaliation.
Oklahoma death row inmate, Clayton Lockett experienced a botched lethal injection before his execution, he requested to learn more about the drugs that would take his life.
Bill Rich, a law professor at Washburn University says the incident has legal ramifications for other states.
“This is an inmate who had tried to obtain information about the drugs that were going to be used for the lethal injection, the state had refused to provide that information. It’s hard to interpret it in any other way, you know the fundamental claim is that this is cruel and unusual punishment.”
The state of Kansas currently has nine inmates on death row. Rich says this is not the first time an incident like this has happened.
“It took an extended period of time for the person to actually die, where as a result there were at least claims that the person had experienced pain and suffering during the execution process.”
Because of the botched lethal injection, the state of Kansas is reviewing its execution process.
Jeremy Barclay, communication director KDOC
“We also believe that the protocols and formularies should be examined to make sure that we have everything set, says Jeremy Barclay, communication director for the Kansas Department of Corrections.
It has been about 20 years since the state of Kansas re-instated the death penalty and since then no inmate has been put to death.
Rich says, that’s not unusual because none of the nine have exhausted their state appeals yet, then a federal appeal is required before the death penalty.
“What happened in Oklahoma is simply an example of what can happen if either the protocol is wrong or the drugs themselves are not what they should have been.”
A Department of Corrections spokesman says Kansas has no supply of drugs used in lethal injections because they would likely expire before an execution was scheduled.