Double jeopardy is a situation where an accused cannot be tried for the same offence twice. Under the fifth amendment of the US constitution no "no person shall... be subject for the same offense to be twice put in jeopardy of life or limb.” An Alabama death row convict was put in a prime position to invoke the clause of double jeopardy because his experience was a macabre one where his execution was totally botched up by those trying to attempt to execute him for over 2 hours.
As grizzly as it sounds, the incident has actually taken place with Doyle Lee Hamm 61 undergoing the most harrowing experience of his own execution where staff and medical personnel struggled more than 2 hours sticking needles into his body trying to find veins and leaving him bloodied and traumatized without successfully executing him. He is now suing for his execution sentence to be vacated.
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The lawyer of Doyle Lee Hamm described the failed execution attempt as “botched and bloody” which left the inmate under “severe physical and mental duress”.
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Hamm was on death row serving an awaited death sentence for a crime which he committed in 1987. He was sentenced for murder and robbery. His execution date was scheduled for February 22nd, 2018 at the Holman Correctional Facility. But, while the 61-year-old was being prepared for the lethal dose of intravenous execution, the staff and medical personnel responsible just could not find his veins.
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The personnel failed to find the convict’s veins which resulted in the unfolding of a two and half hour dramatic and macabre process where they poked and prodded his feet, groin, arms and legs leaving many parts of the man bleeding.
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The act was subsequently investigated by an anesthesiologist Doctor Mark Health appointed by a federal judge who ordered a medical exam. Dr Heath practices at the New York Presbyterian/Columbia University Medical Center.
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Hamm’s lawyer filed two civil lawsuits at the Alabama State Circuit Court and the US District Court. Hamm recollects that his gory failed execution was ultimately called off after suffering two and half hours of Physical and psychological torture” even as medical personnel forced needles into his right femoral vein which is near the groin, and lower extremities. This caused a lot of bleeding and pain.
In total Hamm suffered 11 puncture wounds when the medical team forcibly attempted to locate his veins in the groin, leg and ankle.
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His case document stated that one execution team member even inserted a needle into his leg and kept it there for several minutes. He also moved it around constantly but failed to locate Hamm’s veins. This caused the convict immense pain.
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When the team could not find the legs in his legs, they tried to insert a catheter into his right femoral artery which was his groin. This resulted in severe bleeding and intense pain for Hamm. One of the staff then applied a pad to control and stop the blood which was required to be changed after being soaked with blood.
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Heath reported that he had found a total of 11 puncture wounds on Hamm’s body and 6 which he described as a partial overlap in the groin area. Heath also took pictures which he attached to his report that showed not only puncture wounds all over Hamm’s hands and feet but also bruises on the feet, leg and groin.
Heath also found a large Hematoma which is a swollen blood clot which he attributed to an unusually large leakage from the femoral vein. This explains the puncture wound that resulted in bleeding from his groin. He also stated that the convict was suffering severe pain in the lower abdomen which could be the cause of a bladder injury.
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Hamm’s attorney Bernard Harcourt said “This was clearly a botched execution that can only be accurately described as torture." The executive director of the Death Penalty Information Center stated that the pictures and documents were very “disturbing”
"To say this was a botched execution is an understatement," Dunham said. "When you see the pictures of the groin, you don't see bruising like that in a properly set line. This man was strapped to a gurney for 2½ hours, and during that period, they literally poked holes in him."
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The execution attempt was aborted after two and half hours. The officials at the Alabama correction facility denied all claims of the event and said there were no problems with the entire procedure. According to them, the execution was stopped because they could not meet the midnight deadline.
Commissioner of Alabama Department of Corrections Jeff Dunn said "I wouldn't necessarily characterize what we had tonight as a problem, the only indication I have is that in their medical judgment it was more of a time issue, given the late hour."
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Lawyer Dunham was in total disagreement saying that in Alabama, execution protocols and procedures are kept secret. "They don't allow witness to observe critical points of the process," he said. "This is an illustration of why secrecy is such bad public policy.”
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Defense attorneys also stated in the filing report that Hamm suffered from “active lymphatic cancer” a condition which had created unusual lymph nodes on his body and also his groin. This had earlier been identified by an independent medical expert who stated it was a problem.
This new disclosure had prompted Hamm’s defense to argue for several months that a lethal injection execution would amount to torture for the convict. It would be a “cruel and inhuman punishment” simply because the veins in his body had been compromised by cancer and intravenous usage.
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Harcourt revealed that his client had asked for an execution by oral lethal injection which was denied by the court earlier. Alabama Attorney State general’s office said that the plea to challenge the manner of execution had come too late. Moreover Hamm’s lawyers failed to present proof of his condition.
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The defense is now asking for full relief from the “now unconstitutional sentence of death." They feel that the unusual punishment was a painful process during which their client wished many times for death. They termed the act as a “constitutionally prohibited cruel, unnecessarily painful, slow, and lingering process to death.". Thus a second execution would be a clear case of double jeopardy that is a condition protected by the Fifth Amendment.
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