Expert Witness : Mark Heath M.D.
|Case||State of Ohio vs. Ruben Rivera and Ronald McCloud, Case No. 04CR065940 and 05CR068067|
|Testimony Date||April 07, 2008|
|Court||State: Ohio County: Lorain|
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109 1 The State of Ohio, ) 2 County of Lorain. ) SS: 3 4 IN THE COURT OF COMMON PLEAS 5 THE STATE OF OHIO, ) Plaintiff; ) 6 vs. ) No. 04CR065940 RUBEN O. RIVERA, ) 7 Defendant. ) 8 THE STATE OF OHIO, ) Plaintiff; ) 9 vs. ) No. 05CR068067 ) 10 RONALD McCLOUD, ) Defendant. ) 11 *** 12 COMPLETE TRANSCRIPT OF PROCEEDINGS 13 MONDAY, APRIL 7, 2008 - VOLUME II 14 *** 15 BE IT REMEMBERED, that on Monday, the 7th day of 16 April, 2008, being one of the regular days of the April 17 term of said court, before the Honorable James M. Burge, 18 the Presiding Judge of said court, the above-captioned 19 causes came on for hearing upon Defendants' Motion to 20 Declare the Lethal Injection Protocol Unconstitutional. 21 *** 22 23 24 25 110 1 AFTERNOON SESSION, MONDAY, APRIL 7, 2008 2 THE COURT: All right. We left off in this 3 morning's proceedings with -- still in Dr. Heath's direct 4 testimony. 5 I think that we were able to narrow the factual 6 issues, at least from Dr. Heath's testimony. His 7 testimony, if I understand it correctly, would be that the 8 administration of potassium chloride without anesthetic 9 would be very painful; that the administration of 10 pancuronium bromide, while not necessarily painful, would 11 at least be anguish-filled, since the condemned couldn't 12 breathe; and that the crux of the issue lies with the 13 administration of thiopental, which is the anesthetic 14 drug. 15 I think that the doctor has made it clear that if 16 a sufficient amount of thiopental is administered 17 appropriately, it will cause the death of the accused 18 painlessly. 19 My understanding of the doctor's reservations 20 about Ohio's protocol can be summed up in the nature of 21 the practice, that is, there isn't a bedside practitioner 22