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Evans cited no studies, but instead appeared to rely primarily on the Web site Sotomayor noted in a dissenting opinion to stay the execution of Charles F.Warner, one of the original petitioners in the case.He is licensed to practice pharmacy in two states—but is not licensed to practice pharmacy in Alabama, the state he has worked in for over 20 years.“It is telling that the states have selected an expert who does not use or study the drug in question and who based his opinions on unreliable sources,” said Megan Mc Cracken, a legal expert at the Death Penalty Clinic at the University of California, Berkeley.“It is true that we give deference to the district courts.But at some point, we must question their findings of fact, unless we are to abdicate our role of ensuring that no clear error has been committed.
Kathryn Cunningham, the vice chairwoman of the pharmacology and toxicology department at University of Texas Medical Branch and another of the brief’s authors.
We should review such findings with added care when what is at issue is the risk of the needless infliction of severe pain.” An hour later, Warner was executed after receiving a dose of midazolam.
His last words were reportedly, “my body is on fire.” Evans declined to be interviewed for this article.
In his testimony before the federal court in Oklahoma last December, he defended his research, describing the website as a “combination of materials pulled from some of the most outstanding references in the country that have been around for 50-plus years.” Originally from Georgia, Evans received his Doctor of Pharmacy from the University of Tennessee, Memphis, in 1973.
He was a professor at the University of Missouri-Kansas City for nearly 20 years before becoming a dean at Auburn University.
Although Lockett received a substantial dose of midazolam intravenously, it failed to render him unconscious as he was administered the paralytic agent vecuronium bromide and the caustic heart-stopping drug potassium chloride.