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State prison officials say policies and procedures were properly followed in the execution of Dennis McGuire, whose drawn-out death has sparked controversy and lawsuits.

(The Dallas Morning News)

Dennis McGuire

CLEVELAND, Ohio -- State officials say prison employees followed proper procedures and policies in the execution of Dennis McGuire, whose death has sparked lawsuits over lethal injection and has made the state a flashpoint in the national debate of capital punishment.

"The process worked very well, and the execution was carried out in compliance'' with the state execution policy, wrote Donald Morgan, the warden of the Southern Ohio Correctional Facility in Lucasville, where the execution took place.

His brief memo to Gary Mohr, the director of the state prison system, came hours after McGuire was put to death Jan. 16. It was part of a review of McGuire's execution process. The memo was based solely on whether state prison officials followed the prison system's policies.

It took 25 minutes for McGuire to die, and those who witnessed the death said the inmate gasped for air as the drugs hydromorphone and midazolam filled his body. A prison expert had said prior to the execution that McGuire would die in a matter of minutes.

It marked the first time the drugs have been used in an execution. McGuire's family has sued the state, claiming McGuire suffered extreme cruelty during the process.

The drugs also are scheduled to be used in the execution of Gregory Lott, the Cleveland killer who is scheduled to die March 19. His attorneys have sought an injunction to stop the execution, and they will argue with state prosecutors Feb. 19 whether the drugs amount to cruel and unusual punishment.

Gregory Lott

A Louisiana child killer named Christopher Sepulvado was to be put to death Wednesday with the same drug cocktail, but he was given a reprieve so a federal judge in Baton Rouge could hear arguments on the drugs.

Morgan's memo to Mohr addresses policy issues, such as whether a prison timeline made reference to all of the events that took place. It does not mention McGuire's straining for air.

"Were there acts or events that were not anticipated in advance? No,'' Morgan wrote.

Joseph Andrews, a special assistant to Mohr, filed a separate report Jan. 27 that evaluated the prison staff working on the execution. In it, Andrews wrote that employees carried out McGuire's execution properly, saying "there were no variations from procedures as stated in policy.''

"The medical and mental-health staff conducted assessments of the inmate at the appropriate times; they reviewed the inmate's medical and mental health charts and documented the reviews,'' Andrews wrote. "All functions required to be performed by the medically qualified persons as described in (state policy) were performed by medical team members.''

Andrews, a longtime spokesman for the prison system, wrote: "I find no reason for revision of policy for future executions.''

In addition to the reviews by Morgan and Andrews, the state is doing a broader examination of McGuire's execution. That review is expected to address the issues of the use of drugs and McGuire's reaction to them, according to court records. It is expected to be done in the next few weeks.

McGuire was convicted of brutally raping and killing Joy Stewart in 1989 in Preble County. Advocates of the death penalty say his drawn-out execution has overshadowed the suffering Stewart faced in her death.

Lott was convicted of killing John McGrath, an 82-year-old man from East Cleveland in 1986. Lott robbed McGrath, then beat him and set him on fire. McGrath's family members are strongly against the death penalty and have pushed for him to be given life in prison instead.

Plain Dealer news researcher Jo Ellen Corrigan contributed to this story.

<a href="http://s3.documentcloud.org/documents/1013870/andrews-report-mcguire-14-jan-2014.pdf">Andrews Report McGuire 14 Jan 2014 (PDF)</a> <br /> <a href="http://s3.documentcloud.org/documents/1013870/andrews-report-mcguire-14-jan-2014.txt">Andrews Report McGuire 14 Jan 2014 (Text)</a>