Published: April 16, 2008 10:59 pm      

Texas has no executions scheduled at this point

The U.S. Supreme Court upheld the use of lethal injections Wednesday morning, but the ruling does not have a direct impact on the Texas Department of Criminal Justice.

The decision clears the way for Texas and other states to resume executions.

The death penalty has been on hold for seven months as the high court considered a challenge to Kentucky’s three-drug method.

Executions are carried out at the Walls Unit in Huntsville.

Texas has 357 inmates on death row.

According to Michelle Lyons, director of public information for the TDCJ in Huntsville, the decision will not directly effect TDCJ until the state district courts begin to issue orders.

“As far as our agency is concerned, it’s our job to carry out the orders of the court — to carry out the executions,” Lyons said. “We have no executions scheduled at this point.”

The argument that began in September regarding the three-drug protocol questioned the humaneness of the initial anesthetic.

“The issue was on whether or not the chemicals caused (inmates) a substantial risk of pain,” Lyons said.

According to the Associated Press, two Kentucky death row inmates “wanted to the court to order a switch to a single drug, a barbiturate, that causes no pain and can be given in a large enough dose to cause death.

“The argument against the three-drug protocol is that if the initial anesthetic does not take hold, the other two drugs can cause excruciating pain. One of those drugs, a paralytic, would render the prisoner unable to express his discomfort.”

With a 7-2 vote, the justices “agree that petitioners have not carried their burden of showing that the risk of pain from malaministration of a concededly humane lethal injection protocol, and the failure to adopt untried and untested alternatives, constitute cruel and unusual punishment,” said Chief Justice John Roberts.

Justices Ruth Badar Ginsburg and David Souter opposed the decision.

Lyons said TDCJ has no indication of when execution procedures will resume.

“It’s completely up to the district courts,” she said, “so it’s impossible to predict. We await orders to set dates (for executions).”

Lyons said there were 26 executions carried out in Texas in 2007 before they were halted.

“The last (death row inmate) that was executed was Michael Richard on September 25, 2007,” she said.

Lethal injection, the only death penalty method in Texas, was adopted in 1977.

Lyons said Texas uses a three-drug combination which includes 120 milliliters of solution containing three grams of thiopental sodium (Sodium Pentothal); 50 milliliters of solution containing 100 milligrams of pancuronium bromide; and 70 milliliters of solution containing 140 milliequivalents (mEq) of potassium chloride.

“The drugs are administered sequentially with intervening saline flushes over a period of approximately five minutes,” Lyons said. “This combination of drugs creates no substantial risk of pain.”

“The amount of Sodium Pentothal administered to the condemned offender is many times greater than the amount given a surgical patient and far exceeds what is necessary to render the person unconscious. This dose is considered lethal in adults.”

Similar methods are used by about three dozen states.

The Associated Press said “there was no immediate indication when (executions) would resume, but prosecutors in several states said they would seek new execution dates if the court ruled favorably in the Kentucky case.

“Forty-two people were executed last year among more than 3,300 people on death row across the country,” death penalty opponents said. “Another roughly two dozen executions did not go forward because of the U.S. Supreme Court’s review.”