656
Stevens, J., dissenting
"At this point Don's body started convulsing violently . . . . His face and body turned a deep red and the veins in his temple and neck began to bulge until I thought they might explode.
"After about a minute Don's face leaned partially forward, but he was still conscious. Every few seconds he continued to gulp in. He was shuddering uncontrollably and his body was racked with spasms. His head continued to snap back. His hands were clenched.
"After several more minutes, the most violent of the convulsions subsided. At this time the muscles along Don's left arm and back began twitching in a wave-like motion under his skin. Spittle drooled from his mouth. . . .
"Don did not stop moving for approximately eight minutes, and after that he continued to twitch and jerk for another minute. Approximately two minutes later, we were told by a prison official that the execution was complete.
"Don Harding took ten minutes and thirty one seconds to die." 5
The unnecessary cruelty of this method of execution convinced Arizona's Attorney General that that State should abandon execution by gas in favor of execution by lethal injection.6 His conclusion coincides with that of numerous medical, legal, and ethical experts.7
The prohibition on cruel and unusual punishment "is not fastened to the obsolete, but may acquire meaning as public
5 2 id., Exh. 17, at 3-4 (Affidavit of James J. Belanger).
6 Memorandum in Support of Emergency Application for Temporary Restraining Order in No. 92-70237 (ND Cal.), p. 8. A bill to substitute lethal injection for lethal gas as Arizona's method of execution is currently pending before that State's legislature. See 4 Exhibits, Exh. 62 (H. B. 2055).
7 See, e. g., 1 id., Exh. 1, at 3; id., Exh. 2, at 3 (Declaration of Robert H. Kirschner, M. D.); id., Exh. 4, at 3 (Declaration of Kent R. Olson, M. D.).
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