A court ruled Friday that a death row prisoner slated for execution August must be told if the state intends to used the same doctor involved in the botched execution of a different prisoner in May.
Lawyers for Darrell Hines asked a court last week to mandate that the Tennessee Department of Corrections (TDOC) to reveal whether or not they intend to use Dr. Mark Fowler next month.
Fowler stepped in during the execution of Tony Carruthers in May when TDOC staff failed to find the appropriate vein. Fowler failed, too, before Gov. Bill Lee called off the execution. Carruther’s sister filed a complaint against Fowler this week with the Tennessee Department of Health, alleging he violated his media ethics during the execution.
Hines’ attorneys said he risks suffering during his execution if Fowler is involved. The state originally refused to answer whether or not Fowler would be used for Hines’ execution, claiming state secrecy laws allowed it to keep his identity hidden.
Davidson County Chancery Court Chancellor Russell Perkins said in a Thursday hearing that Hines’ attorneys showed it was likely TDOC would continue to use Fowler. Also, the court said TDOC had previously disclosed his identity in state documents.
“We are pleased the court has recognized that TDOC has no legal basis to refuse to provide the basic and essential information of whether it plans to continue using a doctor whose lack of required qualifications and skills already resulted in one botched execution,” said Kit Thomas, an attorney for Darrell Hines. “It’s unconscionable that TDOC continues to withhold this information.”
Concerns about the state’s ability to conduct executions has risen in the wake of Carruther’s botched execution. Clergy, advocates, and even GOP lawmakers have urged Lee to stop them for a review. Lee has so far refused publicly.
