Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

Case 2:O4—cv—OO534—NVW D0cument41—2O Filed O9/19/2005 Page10f4

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0 AF F IDAVIT OF DR, MARK HEATH, ANESTIEIESIOLOGIST
STATE OF TEXAS V JESUS FLORES
‘ NO. 877994A`
nv rn}; COUNTY OF Nm Yank } r i
THE STATE OF NEW YORK }
i BEFORE MB, the undersigned authority, did personally, appear Dr. Mark Heath,
and having been duly sworn, did state upon his oath the following: ‘ g
"My name is Dr Mark Heath and I am assistant professor of clinical anesthesia at
I Columbia University. l obtained my bachelor of arts from Harvard University in 1983 . °
magna cum laude and graduated with honors from University of North Carolina Medical
School in 1987. My practice is devoted one-third to clinical patient care, one-third
education of residents and fellows, and one-third research.
0 The Use and Effects of Pancuroniurn Bromide _
Pancurorrium bromide is a neuromuscular blocking agent. lts effect is that it renders the
l muscles unable to contract but it does not affect the brain or the nerves. It is used in
surgery to ensure that there is no movement and that the patient is securely paralyzed so
that surgery can be performed without contraction of the muscles. Pancuronitun bromide
is not administered until the patient is under a proper plane of anesthesia. The anesthesia
must tirst be administered such that the patient is unconscious and does not feel, see or
perceive the procedure.
The Chemical Veil
Pancuronitun bromide makes the patient look serene because of its paralytic effect on the _
muscles. The face muscles carmot move or contract to show pain and suffering. It
therefore provides a ‘chemical veil’ over the proceedings. By completely paralyzing the
inmate, pancuronium bromide masks the normal physical parameters that an
anesthesiologist or surgeon would rely upon to determine if a patient is completely
unconscious and within a proper surgical plane of anesthesia. Because pancurorriurn
bromide is an invisible chemical veil and not a physical veil like a blanket or hood that is
easily identifiable, the use of pancurorrium bromide in lethal injection creates a double
veil. lt disguises the fact that there is a disguise over the process.
0 Panuuronium Bromide is Unnecessary in Lethal lnjections
Case 2:04—cv—00534—NVW Document 41 -20 Filed O9/19/2005 Page 2 of 4 .

lf pancuroniurn bromide were eliminated from the lethal injection method, it would not · _
decrease the efficacy or the hmnaneness of the procedure. lt is urmecessary for · ' ,
administering a dose of drugs in the course of an execution. It serves no legitimate ·
purpose. _
The Substantial Risks of Inhumane Suffering , . `
There are significant risks that the inmate in Texas’ lethal injection procedure will not bei
rendered unconscious by the sodium thiopental (the Erst drug of the series to be `
administered), and will therefore experience the psychologically horrific effects of ` 1
pancuronium bromide. ` ` A-
¤ l
Sodium thiopental is an ultra short—acting barbiturate. It would not be used to maintain a A `
patient in a surgical plane of anesthesia for purposes of perfonning surgical procedures. It
is unnecessary, and risky, to use a short~acting anesthesia in the execution procedure. If
the solution of Sodium thiopental comes into contact with another chemical, such as
pancuroniurn bromide, the mixture ofthe two will cause the sodium thiopental
immediately to precipitate or crystallize. These factors are significant in the risk of the ~
inmate not being properly anesthetized, especially since no-one checks that the imnate is . ‘_
unconscious before the second drug is administered. ` ·_ ·
0 Sometimes batches of drugs from the manufacturer are bad — they either do not have any .
potency, or the manufacturer mistakenly mislabels the drug. Also, the sodium thiopental
may have been stored in powder form beyond its shelf life, or the sodium thiopental
might not be properly mixed into solution form. ' _
The numerous contingencies on administering an IV- missing the vein, an extravenous
injection, solution washing back into the TV bag- require a physician to monitor the '
intake of the solution not just paramedics. The physical distance between the executioner,
the person pushing the syringe, and the inmate introduces additional needless risk. The
fall back procedure for inability to locate a vein is a out down procedure instead of a
percutaneous, more modem procedure. This increases the risk of excessive suffering. ·
The third, fatal, drug to be administered is potassium chloride. Potassium activates all the _
nerve fibers inside the vein and the veins have many nerve fibers inside them. lt would
basically deliver the maximum amount of pain the veins can deliver. lt would be
agonizing for an inmate who is not properly anesthetized.
All of the foregoing is true and correct.”
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I | V
' Signed: ( lg { * i
_ . Dr Mark Heath i
_ Department of Anesthesiology `
` Columbia University
New York _
‘ New York
_ C-\:"""" I
SWORN AND SUBSCRIBED BEFORE IN/IE this l A5 day of November, 2003 _
• A Sigfwdi
~ Notary Public in and for the State of New York
° "’“'” '$"¤W»¤·¤¤w i
\ggLEi’..l. ..6.%- i
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