ExecutedToday.com

Minutes after midnight this date in 1989, Alabama’s executioners electrocuted a mentally retarded murderer. Nine minutes later, after rewiring the chair, they finally managed to kill him.

Alabama’s fifth execution of the “modern” era initially made the headlines as the nation’s first execution of mentally impaired prisoner after the Supreme Court’s controversial Penry v. Lynaugh decision (since overturned) green-lighted the death penalty for retarded defendants.

Horace Franklin Dunkins, Jr. and an accomplice had raped a mother of four, tied her to a tree, and stabbed her to death, an unquestionably horrific crime. A black man with a white victim deep in Dixie … well, his IQ in the high sixties wasn’t going to help him do anything but waive his right to remain silent. The jury at his trial didn’t hear about his borderline mental retardation — Penry would require that juries get that information in the future — and at least one juror later said that little tidbit would have made the difference in Dunkins’s case.

At any rate, the buzz in this morning’s papers wasn’t about the circumstances of Dunkins’s entry into the criminal justice system, but his clumsy exit from it into the great hereafter.

According to the account of a Dr. John Vanlandingham:*

I saw Dunkins in the electric chair and I heard the generator start…. After a short period of time the other doctor … and I were called into the execution chamber. I could see that Dunkins was breathing…. I checked his peripheral pulse, in his wrist, and it was normal. I listened to his heart and his heartbeat was strong with little irregularity…. I told an official that Dunkins was not dead. Dr. - and I returned to the witness room…. I again heard the generator begin.

“I believe we’ve got the jacks on wrong,” the prison guard captain called out. It was flatly not enough current to kill, although it apparently did the killer the favor of knocking him out.

From 12:08 to 12:17, Dunkins sat motionless and seemingly unconscious while the execution team went all MacGyver on Yellow Mama. Once they’d fit Tab A into Slot B into Lethal Electrode C, they were finally able to try again. The doctors pronounced death 19 minutes after the switch had first been thrown.

”I regret very very much what happened,” the Alabama Prison Commissioner, Morris Thigpen, said at a news conference after the execution. ”It was human error. I just hope that he was not conscious and did not suffer.” (The New York Times)

* Dr. Vanlandingham was participating in the execution despite an injunction by the American Medical Association, which considers it a violation of the Hippocratic Oath. Physicians’ involvement (or not) in executions is a thorny ethical issue of its own; Vanlandingham, however, is not the only doctor to break the taboo.

Part of the Themed Set: Embarrassed Executioners.

One year ago today, China made to clean up its image — with public health advocates, if not with human rights advocates — by executing* its former Food and Drugs minister for economic crimes.

Zheng Xiaoyu, China’s drug regulation capo from 1994 to 2005 and only (”only”?) the fourth minister-level official to be put to death in China since the immediate aftermath of Mao Zedong’s reign, was sentenced for extracting bribes from pharmaceutical companies he nominally regulated in exchange for approving their worthless and/or unsafe products.

One bogus antibiotic he rubber-stamped killed ten in China before it was pulled from the market, but it was dangerous Chinese products exported abroad — including lethal pet food ingredients to the United States and a cough syrup that killed dozens in Panama — that lit a fire under the export-driven colossus. The court that rejected his appeal explicitly referenced Zheng’s danger to China’s international reputation — simultaneously shifting focus from structural weaknesses by individualizing them to Zheng’s personal failings.

On this same day it announced Zheng’s death, China anxiously unveiled plans to safeguard the food supply for its upcoming turn under the Olympic klieg lights. That acid test is now upon it: opening ceremonies are mere weeks away as of this writing.

It may have been a politically-driven execution and an unusually heavy sentence, but Zheng’s passing was exulted in China. Someone even tried to put his name on a rat poison — rejected for that most distinguished reason of modern capitalism, Zheng’s own intellectual property in his name.

For an interesting dive into the social and legal currents surrounding this case, check out this .pdf edition of Criminal Bar Quarterly.

* The method of execution was not announced, and to my knowledge has not been conclusively documented. Gunshot was the longtime standby for Chinese executions, but China has shifted heavily towards lethal injection in recent years; it’s generally assumed that Zheng suffered the latter fate.