Transcript shows talks during execution

Published 9:34 am Friday, July 25, 2014

FLORENCE, Ariz. — U.S. District Judge Neil V. Wake was attending a ceremony for a judicial colleague when he received an urgent — and unusual — request: Lawyers for a condemned inmate wanted him to stop an execution that didn’t seem to be working.

“He has been gasping, snorting and unable to breathe and not dying,” lawyer Robin C. Konrad told the judge over the phone Wednesday, according to a transcript. “And we’re asking — our motion asks for you to issue an emergency stay and order the Department of Corrections to start lifesaving techniques.”

The judge asked his law clerk to quickly locate a phone number for an attorney for the state so he could find out what was happening. They conferenced in Jeffrey A. Zick, who was getting updates from the scene from Arizona’s corrections chief.

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What followed provided a window in to the nearly two-hour execution of 55-year-old Joseph Rudolph Wood as the defense lawyer pleaded to stop it and the Arizona attorney assured the judge everything was fine. In the middle of the arguments, Zick informed them that Wood had died.

The execution brought new attention to the death penalty debate in the U.S. as opponents said it was proof that lethal injection is cruel and unusual punishment. State officials and family members of Wood’s two murder victims said there was nothing wrong with the execution.