Gomez v. United States Dist. Court for Northern Dist. of Cal., 503 U.S. 653, 3 (1992) (per curiam)

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Cite as: 503 U. S. 653 (1992)

Stevens, J., dissenting

Execution by cyanide gas is "in essence asphyxiation by suffocation or strangulation." 1 As dozens of uncontroverted expert statements filed in this case illustrate, execution by cyanide gas is extremely and unnecessarily painful.

"Following inhalation of cyanide gas, a person will first experience hypoxia, a condition defined as a lack of oxygen in the body. The hypoxic state can continue for several minutes after the cyanide gas is released in the execution chamber. During this time, a person will remain conscious and immediately may suffer extreme pain throughout his arms, shoulders, back, and chest. The sensation may be similar to pain felt by a person during a massive heart attack." 2

"Execution by gas . . . produces prolonged seizures, incontinence of stool and urine, salivation, vomiting, retching, ballistic writhing, flailing, twitching of extremities, [and] grimacing." 3 This suffering lasts for 8 to 10 minutes, or longer.4

Eyewitness descriptions of executions by cyanide gas lend depth to these clinical accounts. On April 6, 1992, Arizona executed Don Eugene Harding.

"When the fumes enveloped Don's head he took a quick breath. A few seconds later he again looked in my direction. His face was red and contorted as if he were attempting to fight through tremendous pain. His mouth was pursed shut and his jaw was clenched tight. Don then took several more quick gulps of the fumes.

1 Exhibits in Support of Motion for Temporary Restraining Order in No. 92-70237 (ND Cal.) (hereinafter Exhibits), Exh. 1, p. 6 (Declaration of Dr. Terence B. Allen).

2 Id., Exh. 5, at 4 (Declaration of Richard J. Traystman, Ph. D.).

3 Id., Exh. 1, at 2.

4 Id., Exh. 7 (Execution Records, San Quentin Prison).

655

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