Sunday, April 18, 2010

From the 'You really can't invent stuff like this' Department

A condemned Ohio inmate who says he's allergic to anesthesia is undertaking what appears to be a unique legal maneuver, arguing that no one knows how his body will react if state officials are allowed next week to inject him with the one lethal drug they now use.

A doctor is studying what impact, if any, the allergy could have on the execution process after lawyers for Darryl Durr uncovered evidence of Durr's allergy in his 800-page prison medical record. Durr was sentenced to die for raping and strangling a 16-year-old girl in 1988.

"One of the things the Ohio Constitution guarantees is that he has a quick and painless execution," said defense attorney Kathleen McGarry.

"If he's going to react to the anesthetic drugs in such a manner that he's going to have a violent reaction, either vomiting or seizures or whatever the spectrum is that could happen, then obviously the execution has problems," she said.

From the Columbus Dispatch

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