NASHVILLE, Tenn. (WOKI / WVLT) – Attorneys for Tennessee death row inmate Darrell Hines are asking a court to halt his scheduled execution unless the physician involved in a failed execution attempt earlier this year is removed from the process.
The filing comes as Hines, 66, is scheduled to be executed on August 13, making him the next inmate facing execution in Tennessee.
Hines’ attorneys filed a request seeking a conditional stay, arguing that Dr. Mark Fowler should not be allowed to participate in the procedure because of concerns stemming from the state’s attempted execution of inmate Tony Carruthers earlier this year.
Concerns Follow Failed Execution Attempt
A judge recently ordered the Tennessee Department of Correction to disclose whether Fowler will be involved in Hines’ execution.
According to court filings, Hines’ attorneys say the department had not confirmed as of Monday whether Fowler would participate.
The legal challenge centers on Fowler’s role in Carruthers’ execution attempt, during which attorneys claim he was unable to establish IV access for more than an hour.
Carruthers’ family has alleged that complications from the failed procedure left the inmate partially paralyzed following a stroke.
Attorneys Cite Medical Concerns
Hines’ legal team argues that the use of Fowler could expose their client to unnecessary pain and suffering.
Court documents state that during the Carruthers execution attempt, Fowler unsuccessfully attempted to place a central line before seeking IV access elsewhere on the inmate’s body.
The attorneys also pointed to deposition testimony in which Fowler reportedly stated he had not placed a central IV line since approximately 2013, despite having performed the procedure numerous times earlier in his career.
According to the filing, Fowler acknowledged experiencing a complication during one prior central-line placement when a guide wire entered the wrong blood vessel.
Health Issues Raise Additional Questions
Attorneys argue Hines is particularly vulnerable because of significant health problems.
According to the filing, Hines has suffered at least two ischemic strokes and is reportedly paralyzed on his left side, partially blind and experiencing severe muscle atrophy.
His lawyers contend those conditions make it highly likely a central line would be required during the execution procedure.
“TDOC’s reckless reliance on Dr. Fowler would subject him to an intolerable risk of severe suffering,” the attorneys argued in their filing.
Awaiting Court Review
A judge is now expected to review the request before Hines’ scheduled execution date.
The Tennessee Department of Correction has not publicly announced whether Fowler will participate in the execution protocol.
The case is the latest legal challenge stemming from questions surrounding Tennessee’s execution procedures and the unsuccessful attempt to execute Carruthers earlier this year.
