Convincted Ohio Killer, Kenneth Biros, First To Be Injected By Single Lethal Drug Injection

Kenneth Biros (boston.com)

Was it the equivalent of human experimentation when Ohio prison officials executed convicted killer, Kenneth Biros, with a one-drug intravenous lethal injection never before used on humans?

Kent Scheidegger, the legal director of Criminal Justice Legal Foundation in Sacramento, which supports the death penalty, dismissed the criticism that the new approach was never tested on humans.

“What kind of test do they expect? A controlled study with volunteers? Not likely.”

The state opted for a change after a failed attempt to execute Romell Broom, another death row inmate, with a three-drug cocktail. Executioners tried for two hours to find a suitable vein for injection, using as many as 18 needle sticks reports the Daily News. Unlike many other states, Ohio has a law that guarantees condemned inmates a quick and painless death.

Critics have long argued that the three-drug injection was cruel and unconstitutional. The new approach also includes a backup plan, if the single injection doesn’t do it’s job then two chemicals would be injected into the muscle to avoid another situation like Broom’s.

Death penalty opponents argue that this new method, specifically the backup plan of using intramuscular injections, has not been evaluated long enough by legal and medical experts.

Ohio’s change to a single-drug injection also has practical considerations, such as not wanting to get sued, reports the New York Times.

Dr. Mark Dershwitz

Dr. Mark Dershwitz, an anesthesiologist and pharmacologist at the University Of Massachusetts Medical Center, was hired by the state as an expert witness in litigation against the state regarding the death penalty. The state asked him to prepare a declaration that could be filed in court explaining that the single injection would work and would be painless and fast.

“The reason to stick with the intravenous approach was that it will be faster,” he says.

According to Vitals.com, Dr. Dershwitz received his medical degree at Northwestern University Feinberg School of Medicine and completed his residency at Massachusetts General Hospital.

Mr. Biro was convicted of sexually assaulting and killing 22-year old Tami Engstrom after offering to drive her home from a bar, then scattering her body parts in Ohio and Pennsylvania. She had been stabbed more than 90 times.

The United States Supreme Court refused to intervene Tuesday morning after lawyers filed an emergency request for the execution to be stopped.  Monday evening Kenneth Biro had a meal of cheese pizza, onion rings, fried mushrooms, Doritos, French onion dip, blueberry ice cream, cherry pie and Dr. Pepper.  The next morning the procedure went largely as planned. The drug took 10 minutes to take effect, about the same amount of time as the three-drug cocktail.

Although the country is watching closely, for now no other states have changed their method of lethal injection. Florida, Kentucky, South Carolina, Texas and Virginia are among those who say they will continue using the three-drug method.

READ MORE ABOUT DR. MARK DERSHWITZ

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