he execution of Allen Lee Davis in the Florida
electric chair on July 8, 1999, was so violent that it set off a shock wave that
rippled around the world. When the Florida Supreme Court ruled, yet again, that
execution by electrocution is not unconstitutional, a dissenting justice
attached three photographs of the execution to his dissent and posted them on
the Florida Supreme Court web site.
The photographs drew attention from all over the world, with many foreign
visitors expressing disgust, while many Floridians rallied in support of "Old
Sparky," as the Florida electric chair is known. One Florida woman, in an email
to the court, described the photographs as "wonderful."
Each person can view the photographs, and read the following lengthy excerpt
from the dissent of Justice Shaw and come to his or her own conclusion as to the
propriety of capital punishment, and electrocution in particular. As Justice
Shaw points out, the United States is the only country in the world that uses
electrocution as a means of execution, and even in the United States only three
states still use this method of execution.
Justice Shaw describes in detail three recent executions, including that of
Davis, wherein the execution went awry. He points out that Davis not only died
from electrocution, but from being smothered by the large leather strap that
held his head to the electric chair. Witnesses described Davis as either
screaming or moaning prior to the current being turned on.
Davis had been convicted for murdering a woman and her two daughters. That
his crimes were heinous and totally reprehensible is not in dispute. What is
controversial is how Davis was executed. His death was tortured and violent. His
execution was so bungled that his cause of death was at least partially due to
asphyxiation. In killing Davis in such an intentionally inept manner, the State
of Florida sank to a gruesome level of barbarity. For those who don’t care that
Florida violated Davis’ civil rights, and for those, in fact, who applaud the
cruel and unusual punishment inflicted on Davis, I can only say that in trashing
his rights Florida trashed everyone’s rights. Does anyone really want the
government in charge of torture as well as incarceration and execution? A
government with such power would be known as a police state.
The following is an excerpt from Justice Shaw’s dissenting opinion.
"IV. THREE RECENT EXECUTIONS
"The administration of electrocution in Florida demonstrates the cruelty
inherent in this method of execution. Not only was every execution in Florida
accompanied by the inevitable convulsing and burning that characterizes
electrocution, but further, three executions in particular were marred by
extraordinary violence and mutilation. In two of these executions, smoke and
flames spurted from the headpiece and burned the heads and faces of the inmates.
In the third execution, the inmate bled from the nostrils and was at least
partially asphyxiated by the restraining devices; and he too was burned.
"A. Tafero's Execution
"Florida's electric chair malfunctioned during the execution of Jesse Tafero
on May 4, 1990, resulting in a violent scene, with smoke and foot-long flames
spurting from his head. This Court described the scene:
"’When Tafero's execution began, smoke and flames instantaneously spurted
from his head for a distance of as much as 12 inches. The flames and smoke
emanated from the area around a metallic skull cap, inside of which was a
saline-soaked synthetic sponge meant to increase the flow of electricity to the
head. The cap is the source of electricity administered to condemned prisoners
by the electric chair.
Because of the smoke and flames, officials of the Department of Corrections
stopped the first surge of electricity. A second jolt again resulted in smoke
and flames spurting from Tafero's head. Finally, a third jolt of electricity was
administered. A medical examiner found that Tafero was dead some six or seven
minutes after the execution commenced.
"’Thereafter, the Governor ordered the Department of Corrections to conduct
an investigation into the circumstances of Tafero's execution. The Department
reported that the equipment was in proper working order. However, it was
determined that for the first time a synthetic, rather than a natural, sponge
had been used in the headpiece. The Department concluded that the burning of the
sponge caused the flames and smoke which were seen during Tafero's execution . .
.. The Department . . . noted that most executions last longer than seven
minutes.’
"Buenoano v. State, 565 So.2d 309, 310-11 (Fla.1990).
"The mutilated condition of Tafero's body was described in the sworn
statement of a witness:
"’I have seen the bodies of three other inmates executed by officials of the
Florida State Prison. I saw them at approximately the same length of time after
they were executed as I saw Mr. Tafero's body. None of the other bodies I saw
before had the severe burning and scorching and damage to the head as did Mr.
Tafero's. None had any marks on the face at all.
"’The entire top of Mr. Tafero's head is covered with wounds. There is one
dominant charred area and a myriad of smaller gouged, raw areas to the upper
right side and lower right of the large burned area.
The dominant charred area is on the top left side of the head. It is larger
than my hand . . .. The funeral director said that this was a third degree burn.
The rest of that area was a dark brownish color, slightly lighter than the
charred area. The funeral director said that this would be a second-degree burn.
"Id. at 314 (Kogan, J., dissenting). Additionally, Tafero's eyebrows,
eyelashes, and facial hair were burned when flames licked his face.
"See Jones, 701 So. 2d at 87 (Shaw, J., dissenting).
"B. Medina's Execution
"Florida's electric chair malfunctioned again during the execution of Pedro
Medina on March 25, 1997, resulting in another violent scene with smoke and
flames spurting from the head-piece. Unlike Tafero, Medina's eyebrows,
eyelashes, and facial hair were not burned off. However, Medina's head was
charred and his face was scalded. The trial court in Jones described the
execution:
"When Pedro Medina was executed on March 25, 1997, the following events
occurred. When the electrical current was activated, within seconds . . . smoke
emanated from under the right side of Medina's head piece, followed by a 4 to 5
inch yellow-orange flame which lasted 4 to 5 seconds and then disappeared. After
the flame went out, more smoke emanated from under the head piece to the extent
that the death chamber was filled with smoke--but the smoke was not dense enough
to impair visibility in or through the chamber. The smoke continued until the
electrical current was shut off in the middle of the third cycle. Although
several witnesses to the execution tried to describe the odor of the smoke, only
one witness, Florida State Prison Superintendent Ronald McAndrews, described the
odor as burnt sponge . . .. This Court finds that the odor smelled was burnt
sponge, not burnt flesh.
"The physician's assistant, William Mathews, examined Medina's body. At that
time, Medina was not breathing or exchanging air through his nostrils; his
pupils were fixed and dilated; and he had an agonal pulse and heart sounds. When
the physician's assistant was no longer able to detect any pulse or heart
sounds, the attending physician, Dr. Almojera, examined Medina and pronounced
him dead at 7:10 a.m. During Dr. Almojera's last examination Medina's chest was
seen to move two or three times in a two to four minute period. A couple of
witnesses thought Medina was trying to breathe. Several witnesses did not
describe it as attempted breathing, but as a lurching, spasmodic movement, a
shudder, and outward not upward movement. No witness, particularly those closest
to Medina, could state that he was in fact breathing or attempting to breathe.
"Jones, 701 So. 2d at 86 (Shaw, J., dissenting).
"As with Tafero's body, Medina's body also was mutilated by the
electrocution. The findings of the pathologists who conducted the autopsy of
Medina were summarized by the trial court in Jones:
"1. The head had a ‘burn ring’ on the crown of the head that was common in
executions by judicial electrocution.
"2. Within the ‘burn ring’ there was a third degree burn on the crown of the
head, with deposits of charred material. . .
"3. There was a first degree burn of the upper front face and head, caused
by scalding steam. . .Unlike the Tafero execution, Medina had no burning of the
eyebrows, eyelashes, or small hairs of the face that would have resulted if the
burning had been the result of a flame rather than steam.
"Jones, 701 So. 2d at 86-87 (Shaw, J., dissenting).
"C. Davis' Execution
"The execution of Allen Lee Davis on July 8, 1999, differed from prior
executions in that here Department of Corrections (DOC) officials took
post-execution color photos of Davis before he was removed from the electric
chair. (Several of the photos are appended to this dissenting opinion.) These
photos, when combined with eyewitness accounts, provide a vivid picture of a
violent scene. According to witnesses' accounts, when Davis was being strapped
into the chair, guards placed a solid leather mouth-strap across his mouth and
nose area. This mouth-strap is wide--approximately five inches from top to
bottom--and it covered the entire lower portion of Davis's face from the bottom
of his chin to immediately below his nose. The strap was fastened so tightly
against his face and was so wide that it pushed his nose severely upward,
blocking his nostrils at least partially. A heavy fabric facemask was placed on
top of this apparatus, further occluding his airway. And then, as explained
below, blood began flowing from his nose prior to electrocution. This too
obstructed his nostrils.
"The trial court below explained that the pathologist who conducted a
post-execution autopsy on Davis concluded that he had been at least partially
asphyxiated prior to electrocution: Robert Kirschner, M.D., forensic pathologist
from Illinois, testified as an expert in the area of forensic pathology.
Kirschner testified that he performed an autopsy on the body of Allen Lee Davis.
He testified that during Davis's autopsy, he was unable to identify the precise
source of the nosebleed that Davis suffered, but that it was coming from the
septal area of the left nostril. Kirschner testified that the placement of
the mouth strap across Davis' mouth inhibited Davis' breathing and caused him to
become at least partially asphyxiated before the application of electrical
current to him. Kirschner testified that he is of the opinion that Davis' death
was caused by electrocution and association of partial asphyxiation which
occurred before the electrocution.
"Aubrey D. Thornton, Assistant Warden at Florida State Prison, testified
that he was one of the individuals responsible for strapping Allen Lee Davis
into the electric chair. . . Thornton also testified that Davis' face began
to turn red after the mouth strap was applied to him." (Emphasis added.)
"After Davis' airflow had been blocked by the mouth-strap, the face-mask,
and his own blood, Davis made several sounds under the face-mask which were
described variously as muffled screams, moans, or yells, as if he were
attempting to get the guards' attention. The trial court gave the following
description: ‘John W. Moser, Capital Collateral Regional Counsel for the Middle
Region, testified that in his capacity as Capital Collateral Regional Counsel,
he witnessed the execution of Allen Lee Davis. Moser testified that between the
time Davis was secured in the electric-chair and the time the electrical current
was applied to Davis, he heard what sounded like two screams from Davis.’
"Mark Lazarus, Victim Assistance Administrator for the Florida Department of
Corrections, testified that he observed the execution of Allen Lee Davis.
Lazarus testified that after the head piece was placed on Davis' head, he
heard two one-syllable sounds coming from Davis and that the sounds sounded like
Davis was trying to ‘make some noise’ or ‘yell out.’
"Thomas Varnes, Warden at Wakulla Correctional Institution, testified that
he witnessed the execution of Allen Lee Davis. Varnes testified that after the
mouth strap and chin strap of the head piece were tightened and the face mask
was lowered, he heard Davis moan like he was trying to say something.
"James Crosby, Warden of Florida State Prison testified that after the mouth
piece was placed on Davis, and just before the execution, he heard two
muffled sounds from Davis, which sounded like Davis was trying to say something.
(Emphasis added.)
"Prior to and during the electrocution, blood flowed freely from Davis'
nose, ran over the mouth-strap, and spilled onto his chest, forming a pool the
size of a dinner plate on his white shirt. Again, in the words of the trial
court below:
"‘Sheila McAllister, Correctional Probation Officer at Wakulla Correctional
Institution, testified that she witnessed the execution of Allen Lee Davis . . .
McAllister also testified that while the current was on she observed blood on
Davis' chest, and she observed something dripping from behind Davis' mask.’
"Michael R. Collins, employed with Florida State Prison as a nurse,
testified that he attended the execution of Allen Lee Davis . . .. Collins
further testified that after the electrical current was stopped and after Mr.
Matthews, the Florida State Prison physician's assistant, was examining Davis,
he observed blood on Davis' shirt in his chest area and on his upper right
side, by his collar. Collins stated that the blood was dripping from under the
mask.
"William Muse, Lieutenant with the Florida Department of Corrections,
assigned to Florida State Prison, testified that he witnessed the execution of
Allen Lee Davis . . .. Muse testified that after the cycle of current had been
terminated, he observed blood on Davis' shirt, blood on the strap, and blood
coming from Davis' nostril [s]. (Emphasis added.)
"In light of the placement of the mouth-strap, the positioning of the
face-mask, and the flow of blood from his nostrils, it is reasonable to conclude
– as did Dr. Kirschner – that Davis was being smothered before he was
electrocuted.
"And finally, as with Tafero and Medina, Davis' body was mutilated by burns
on the head, face, and leg, as noted in the trial court's order:
"The deposition of William Hamilton, M.D., Medical Examiner for the Eighth
Judicial Circuit, was read into the record due to Hamilton's unavailability . .
.. Hamilton testified that Davis had burns on his scalp and forehead, on his
superpubic and right upper medial thigh region, and behind the right knee.
(Emphasis added.)
"The color photos taken by DOC show a ghastly post-execution scene: Davis is
wearing a white shirt and dark pants and is restrained in the wooden chair by
thick leather straps placed across his arms, legs, torso, and mouth; the
electrical head-piece is attached to the top of his head with a leather strap
that runs under his chin; a sponge placed under the head-piece obscures the
entire top portion of his head down to his eyebrows; because of the width of the
mouth-strap, only a small portion of Davis' face is visible above the
mouth-strap and below the sponge, and that portion is bright purple and
scrunched tightly upwards; his eyes are clenched shut and his nose is pushed so
severely upward that it is barely visible above the mouth-strap; although the
exterior openings of Davis' nostrils are partially visible, it appears as though
the interior openings may be covered by the mouth-strap; a stream of blood pours
from his nostrils, flows over the wide leather mouth-strap, runs down his neck
and chest, and forms a bright red pool (approximately eight by twelve inches) on
his white shirt. The scene is unquestionably violent."
