Prison official: Single-drug protocol worked as expected, despite criticism

By Marc Kovac

One of Biros’ lawyers still criticized the death method.

COLUMBUS — Ohio’s new single-drug execution protocol worked as planned Tuesday, putting Kenneth Biros to death in about 10 minutes.

Prison staff who volunteered to participate in the execution process were able to find one viable vein to hold an intravenous shunt, which was used to administer the lethal injection.

They worked for about 30 minutes, attempting to establish IV sites in both arms but eventually gave up on the right and focused on a vein in his left arm.

The state did not have to turn to its backup plan, which would have required a direct injection of two drugs directly into Biros’ muscle.

“I think we far exceeded what our critics have been saying about us,” said Terry Collins, the Department of Rehabilitation and Correction director, after Biros’ execution. He added, “The process worked as we expected, and we know that this process would work, did work and we’ll continue to use the process as we move forward in carrying out the law of the state of Ohio.”

But John Parker, one of Biros’ attorneys, said he remains concerned about the execution process after witnessing the inmate’s death.

“The execution that happened a few minutes ago was totally unnecessary,” he told reporters afterward. “Ken was always remorseful for the pain and suffering he caused. ... We are no safer now than we were yesterday.”

Biros is the 33rd inmate to be executed since Ohio restarted the death penalty and the first put to death under the state’s new single-drug protocol.

Prior executions were carried out using a three-drug combination — one drug making the inmate unconscious, followed by a muscle relaxer and a final solution that stopped the heart.

The new process involves only one drug, a sedative used to render inmates unconscious, but in a larger, lethal dose. In cases where suitable veins are not accessible, a backup plan calls for the intramuscular injection — comparable to a flu shot in process — of two drugs.

Ohio’s three-drug injection method was the focus of numerous court challenges, including one that delayed Biros’ execution in 2007.

Opponents believe that inmates could be subjected to excruciating pain and suffering, though they would be unable to voice their discomfort if the first drug was not administered properly.

But state prison officials have discounted those claims, saying the former three-drug method was found to be constitutional in many courts.

Parker said he was concerned about how long it took prison staff to insert shunts into Biros’ veins.

“I counted at least nine attempts before one IV was established. I was very concerned that the execution proceeded with only one IV instead of two,” he said, adding, “Once the drug started flowing, I think it went well. I very much have concerns about the IV access issue.”

The decision to move forward with Biros’ execution brought criticism from the American Civil Liberties Union of Ohio.

In a released statement, staff counsel Carrie Davis said, “Ohio has created a perfect storm where any number of terrible tragedies could happen if we do not stop executions and address the deep-seeded problems that plague our system. The stakes are simply too high for us to risk another botched execution or even killing someone who is innocent because we failed to deal with the flaws in our death-penalty system.”