Attorneys for Missouri death row inmate Brian Dorsey are making a last-ditch effort to spare him from execution by citing concerns about the state’s execution protocol, which allows for “surgery without anesthesia” if a suitable vein for lethal injection cannot be located. Dorsey, who is convicted of a 2006 double homicide, is scheduled for execution on Tuesday. His legal team is seeking clemency from Governor Mike Parson and has several appeals pending, arguing that the surgical procedure involved in the state’s protocol would violate his constitutional rights and religious freedom. They question the use of such methods in previous executions, pointing to the case of Amber McLaughlin, an openly transgender person who experienced pain during her execution in January 2023.
The appeal focuses on the surgical procedure of inserting primary and secondary intravenous lines for the administration of lethal drugs, with no clear guidance on how far the execution team can go to find a suitable vein. Dorsey’s attorneys argue that the potentially invasive “cutdown procedure” would constitute surgery without anesthesia, causing extreme pain and violating his rights. They contend that the lack of transparency in Missouri’s execution process raises concerns about the use of such methods. This issue has been problematic in executions in other states, as seen in the case of Clayton Lockett in Oklahoma and Joe Nathan James Jr. in Alabama, where difficulties in establishing IV lines resulted in prolonged and painful executions.
Dorsey’s legal team also cites concerns about his court-appointed trial attorneys, who were paid a flat fee of $12,000 and may have had a financial incentive to resolve the case quickly. They argue that this arrangement led to Dorsey pleading guilty without any assurance from prosecutors that he would receive a life sentence instead of the death penalty. Additionally, they question the qualifications of the Missouri Department of Corrections’ acting director, Trevor Foley, who oversees executions but has not been confirmed by the state Senate. While a state court ruled in favor of the Attorney General’s Office on this matter, Dorsey’s attorneys plan to appeal to the Missouri Supreme Court.
In a clemency petition, 72 current and former state correctional officers have asked Governor Parson to commute Dorsey’s sentence to life in prison, praising his good behavior while incarcerated. They believe that Dorsey, whom they describe as a nonviolent individual, does not deserve to be executed. However, Parson is still reviewing the clemency request, leaving Dorsey’s fate uncertain. His attorneys are continuing their efforts to spare his life by challenging the state’s execution protocol and the circumstances surrounding his trial. The lack of transparency in Missouri’s execution process is a key concern for his legal team, who argue that the use of surgical procedures without proper anesthesia would violate his rights and cause unnecessary suffering and pain.
The issue also brings up questions about religious freedom, as the use of a cutdown procedure could prevent Dorsey from having meaningful interaction with his spiritual adviser during the execution process. The secretive nature of executions in Missouri limits visibility into the actual procedures and raises concerns about the use of such methods. Dorsey’s legal team is determined to fight for his rights and challenge the use of potentially painful and invasive procedures in his execution. By highlighting the problems with the state’s execution protocol and advocating for transparency and adherence to constitutional guarantees, they hope to spare Dorsey from a painful and unjust death sentence. Governor Parson’s decision on the clemency request and the outcomes of the pending appeals will ultimately determine Dorsey’s fate.
