Attorneys For Death Row Inmates Raise Concerns Over Anonymous Deposition

Attorneys for two Oklahoma death row inmates are raising red flags over recent court filings. 

Federal public defenders for convicted murderers Donald Grant and Gilbert Postelle claim an anonymous deposition from a member of the execution team is not what it claims to be. 

They’re taking issue with the written deposition of the “IV Team Leader” who controls various aspects of the execution process. Attorneys argue the person who filled out that deposition has never done the job of IV Team Leader and never plans to in the future. 

In a 2020 deposition, Department of Corrections Director Scott Crow said the IV Team Leader is a doctor who called the DOC to offer his services in carrying out executions. 

The leader oversees placement of the IV and later performs consciousness checks through Oxygen, Blood pressure and EKG monitors from a control room before entering the execution chamber to physically touch the prisoner to again check consciousness. 

Crow said in the deposition, the methodology of performing the physical check is left up to the IV Team Leader. 

In December of 2020, U.S. District Judge Stephen Friot compelled the anonymous deposition of the IV Team Leader, allowing three written questions concerning his education and how he performs the checks. 

1. Did he or she graduate from a U.S. accredited medical school? 

2. What is the proposed methodology to be used to perform a consciousness check? 

3. What are the criteria for determining whether any unanticipated difficulties during the execution will result in an interruption or delay of the execution procedure? 

The declaration would be signed “Pat Doe.” 

Attorneys for the prisoners argue in a Tuesday notice to the court, the answers they received were from a person who “never served as IV Team Leader” nor do they plan to serve in that roll going forward. 

The federal public defender’s office said they’ve relied on the information from that deposition to build their case and gather expert testimony. 

In a response from the state filed afternoon Wednesday afternoon, state attorneys said the person serving as IV Team Leader is subject to change and the person who responded was that person at that time -- however, no executions were ever scheduled during their tenure in the role. 

According to the prisoners’ notice to the court, the state has since offered to provide a deposition from the “Real” IV Team Leader. 

All of this as the death row inmates wait for a ruling on whether Friot will halt the upcoming executions over concerns with the protocol. That ruling is expected sometime this week.