Doctors Vs. Executions In North Carolina

Eye On Crime: Death-Row Inmates' Executions On Hold Because Physicians Won't Take Part

(CBS)  Some convicted killers in North Carolina were supposed to have been executed by now.

Marcus Robinson shot a 17-year-old boy in the face.

Archie Billings raped and murdered an 11-year-old girl.

Allen Holman gunned down his wife in a gas station parking lot. A 911 tape reveals his wife screaming, "I don't wanna die, please God, not now."

Linda Holman was murdered almost 10 years ago. Her daughter, Deborah Hartless, showed CBS News correspondent Randall Pinkston pictures of Linda.

"That was my mom," she says.

In March, Hartless thought the ordeal was finally coming to an end with her stepfather's execution.

"It's just waiting to happen and you want to go on with your life," she says.

But just two days before Holman's execution, it was abruptly cancelled because the state couldn't find a doctor to attend and assist if necessary.

"It's that thing that just hangs over," she says.

It's the one thing she wants to see done.

"Absolutely," she says. "It won't bring my mom back, but it's justice."

The execution dates of five North Carolina inmates on death row have been pushed back indefinitely because the state medical board has threatened sanctions for any physician who's present at a lethal injection.

"We don't kill patients. That's the bottom line," says Dr. Charles van der Horst of the University of North Carolina School of Medicine.

Van der Horst, who lobbied the medical board, says doctors don't belong in death chambers because doing so violates the physician's oath.

"We’re acting as murderers on behalf of the state," he says.

That's a pretty strong description of a doctor's participation – as a murderer.

"What the state is asking the doctor to do is mix the chemicals, to get the needle into the vein properly, to judge the dose that's correct for this particular person and to make sure they're dead," he says. "That's committing murder."

Of 38 states with the death penalty, North Carolina is one of nine that have suspended executions because of problems finding doctors or after legal injections were botched.

But Wake County prosecutor Colin Willoughby says medical boards should not be able to overrule the criminal justice system.

"We, as a society, need to decide, are we going to have a death penalty or not," he says. "If we are, then the focus of that penalty shouldn't be on the personal comfort of the last 10 minutes of a convicted murderer's life."

North Carolina is suing the medical board to prohibit punishing doctors who participate in executions.

The state may have an unexpected ally. Allen Holman says he wants to die.

"I want closure, for the victim's family, my family and myself," he says.

But until the courts weigh in, Hartless, and others, will have to wait.

[drwork]

Killing is wrong and another killing, particularly by the state, is just as wrong. This isn't like grammar where a double negative equals a positive.

[drwork]

Killing is wrong and another killing, particularly by the state, is just as wrong as the first one. This isn't like grammar where a double negative makes a positive.

[pieter266]

For heaven's sake just stick the scumbags in front of firing squads. Some of you Americans are incredible vousies. No wonder the whole world is laughing at the US of A

[red1530]

How about hang them or use a firing squad.

[connapa]

As far as the law is concerned, no physician can be compelled to "treat" anyone who is not his/her "patient." In the case of death row inmates, any outside doctor of that facility is under any obligation to do so. The only possible exception to this would be if the physician was an employee of the corrections facility and part of his/her job description included attendance at executions. The medical board has every right to define what physicians can consider to be "treatment." Deliberately killing any patient is not deemed as"treatment" either by any medical society or by state statutes (don't forget about Dr. Kevorkian who is serving time in prison for doing just that.)

[docw1--2008]

oh for Heaven's sake. If you want to execute him, just do it. Why do we worry about using only lethal injection. This method, which itself is under review in a lot of states, leaves a lot to be desired. It makes the execution almost too clean. There are several other methods, which have been used for a long time. I'm sure the state would not have any problem finding volunteer marksmen to do a firing squad. Leave the doctors out of it.

[ssinnc]

History of the NC Medical Board, is that they change the rules/laws as they see fit. This is just another example. Shall they be criminally punished for not following a law?
The law requiring physician participation in executions has been on the books for how many years? One should be encouraged to look a history and the original rationalle for such a law. I believe that the spirit of the law has not changed. It appears that the organization's wishes to be politically correct, has grown to be more important. or they have placed themselves above the law again.
If physicians do not first put the comfort of all men first, who will? Please do not allow the Medical Board to make this another "nursing function".

[pitmantj]

There have been numerous depositions, court pleadings, and court orders that clearly state what a physician in North Carolina does and does not do in the course of a judicial execution. The State has never asked or permitted, to the best of my knowledge, a doctor to "mix the chemicals, to get the needle into the vein properly, to judge the dose that's correct for this particular person and to make sure they're dead." Dr. Van der Horst knows the truth and I'm disappointed that he has allowed his moral and political compass point him to propound falsehoods in the interest of the cause against the death penalty. Meaningful dialogue on the issue of the death penalty is impossible when one side refuses to communicate with honesty. It's a pity, and it will lead to nothing but a poor result.

[pitmantj]

There have been numerous depositions, court pleadings, and court orders that clearly state what a physician in North Carolina does and does not do in the course of a judicial execution. The State has never asked or permitted, to the best of my knowledge, a doctor to "mix the chemicals, to get the needle into the vein properly, to judge the dose that's correct for this particular person and to make sure they're dead." Dr. Van der Horst knows the truth and I'm disappointed that he has allowed his moral and political compass point him to propound falsehoods in the interest of the cause against the death penalty. Meaningful dialogue on the issue of the death penalty is impossible when one side refuses to communicate with honesty. It's a pity, and it will lead to nothing but a poor result.

[mahdeealoo]

So then what, if no one will do the deed, shall it be left up to the families of the victim(s) to carry out what they feel would be justice? I more than likely would guarantee that lethal injection would be more humane than anything a victim's famly would carry out.

I think there are better ways to treat murderers. Yes, jail, but how about helping them to heal what was/is wrong with them in the first place that compelled them to kill, maim, and torture another human?

We all could use some healing.

[dragonmouse-2009]

After all the "processes" to finally determine that a person should actually "die" after a million appeals...99% of the time this "killer" was NOT merciful in any way shape or form. They were cruel and brutal. Their victims suffered, the families suffered.

This whole thing of worrying whether they'll suffer is ridiculous. I agree with the earlier poster that it doesn't necessarily bring closure to the victim's families but it can bring them one step closer and we as tax payers don't have to worry about supporting them in jail for the rest of their lives.

And by the way...I don't feel too sorry for those that "FIND GOD" just before they get to the "chair". They should have LOOKED before they slaughtered their victims.

[max_grandeur]

Maybe the DOJ or DOC should hire and train their own people to administer and monitor lethal injection. Then doctors will be able to stay out of that business and "keep their oath."

[max_grandeur]

Maybe the DOJ or DOC should hire and train their own people to administer and monitor lethal injections. Then doctors will be able to stay out of that business and "keep their oath."

[dblbar]

Wonder if the murderers were concerned with the "personal comfort of the last 10 minutes " of their victims lives.........

Firing squad or hanging - they're no better than Sadaam and it was good enough for him.

[myidoncbs]

I think it's sad that so many people think they will find "closure" by killing a killer. There is no such thing as "closure"! After the killer is dead, the victim doesn't return, the sense of loss and anger is not diminished by vengence, and the grief continues.

By killing the killers, we become killers. It's not what any sane person would think of as a solution to the problem of killing.

[cfin5]

TiredoftheBS....... What an appropriate logon name for my feelings regarding scripture twisting......Romans 13:3-4, "For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power (authorities)? Do that which is good, and thou shalt have praise of the same: For he is the minister of GOD to thee for good. But if thou do that which is evil, be afraid; FOR HE BEARETH NOT THE SWORD IN VAIN: FOR HE IS THE MINISTER OF GOD, A REVENGER TO "EXCECUTE" WRATH UPON HIM THAT DOETH EVIL"........ Do you still think you understand your scriptural GREY AREA statement? You must read it ALL.

[cfin5]

That should not be a problem finding a "doctor" that does not care about killing an INNOCENT UNBORN BABY to administer an injection to a GUILTY DEATH ROW CRIMINAL for crying out loud!

[mikealford3]

The medical board is breaking the law and their own rules. State requires a doctor to be present and board rules say doctors are bound to uphold the law regarding the practice of medicine. By prohibiting doctors from participating they are breaking the law and thus breaking their rules by breaking a state law. The medical board should have sanctions against themselves for breaking their own rules.

[mikealford3]

Actually in this case the N.C. Medical board is breaking the state law and even their own rules and regulations. State law "requires" a doctor to be "present" at all state executions. It doesn't require the doctor to insert the needle or mix the drugs. The doctor is there to confirm and pronounce death.

Medical Board rules of conduct require doctors to uphold the state laws with regard to practicing medicine. Therefore if state law requires a doctors presence and board rules say they must uphold the laws, by prohibiting the doctors participation the medical board is breaking a State law and therefore a Medical Board regulation. I have tried to gain time to speak at the board meeting but I am always told there is not time.

[mikealford3]

Actually in this case the N.C. Medical board is breaking the state law and even their own rules and regulations. State law "requires" a doctor to be "present" at all state executions. It doesn't require the doctor to insert the needle or mix the drugs. The doctor is there to confirm and pronounce death.

Medical Board rules of conduct require doctors to uphold the state laws with regard to practicing medicine. Therefore if state law requires a doctors presence and board rules say they must uphold the laws, by prohibiting the doctors participation the medical board is breaking a State law and therefore a Medical Board regulation. I have tried to gain time to speak at the board meeting but I am always told there is not time.