NASHVILLE, Tenn. (WTVF) — Attorneys for Tennessee death row inmate Darrell Hines are asking the U.S. Supreme Court to halt his execution, scheduled for Thursday, Aug. 13.
Hines’ attorneys filed a petition Sunday asking the high court to review the Tennessee Supreme Court’s denial of his request for additional scrutiny of the state’s execution procedures. They are also asking the court to stay his execution while the case is considered.
The attorneys argue Hines faces a heightened risk of severe pain because of his medical condition and concerns surrounding Dr. Mark Fowler, a physician who participated in Tennessee’s failed attempt to execute Tony Carruthers in May.
Carruthers’ May 21 execution was stopped after the state’s execution team was unable to establish the necessary IV access. According to Hines’ attorneys, Fowler unsuccessfully attempted to place a central IV line during the process.
The filing says Fowler testified last year that he had not successfully placed a central line in more than 13 years. Hines’ attorneys also contend he had previously been unaware that placing one could be part of his responsibilities under Tennessee’s execution protocol.
Hines, 66, has suffered two strokes this year and is partially paralyzed, according to his attorneys. They say he has significant muscle loss and spasticity in his left arm, conditions that could make it more difficult to establish a standard IV and increase the possibility that a central line would be needed.
Hines’ attorneys previously asked the Tennessee Supreme Court to require the Tennessee Department of Correction to replace Fowler or appoint a special master to consider their claims. The court denied that request Aug. 6.
TDOC has not publicly confirmed whether Fowler will participate in Hines’ execution. A Davidson County Chancery Court judge previously ordered the department to disclose whether it planned to use him, but that order was stayed while the issue is reviewed by a higher court.
Hines would be the first person executed in Tennessee since the failed execution attempt involving Carruthers.
Concerns over Tennessee’s execution procedures have also prompted calls for a pause from several groups. Nine Republican state senators asked Gov. Bill Lee in June to suspend executions until an independent review of the Carruthers attempt could be completed. Tennessee medical professionals and faith leaders have also urged the governor to pause executions.
Hines’ attorneys have separately asked Lee to grant a reprieve while courts consider challenges to Tennessee’s lethal injection protocol. Lee said last week he does not plan to intervene in upcoming executions and remains confident in the state’s ability to carry them out. He said the problems during Carruthers’ attempted execution were different from the protocol violations that led him to pause executions in 2022.
Kelsey Gibbs brings us a powerful story of humanity, compassion, and love in action while showing us the hard and lifesaving work our officers do daily. Nashville is lucky to have people like Lt. Hotz wearing the badge.
- Carrie Sharp
