Condemned inmate could face ‘surgery without anesthesia’ if good vein is elusive, lawyers say

ST. LOUIS (AP) — Missouri’s execution protocol allows for “surgery without anesthesia” if the typical process of finding a suitable vein to inject the lethal drug doesn’t work, lawyers for a death row inmate say in an appeal aimed at sparing his life.

Brian Dorsey, 52, is scheduled for execution Tuesday for killing his cousin and her husband at their central Missouri home in 2006. His attorneys are seeking clemency from Gov. Mike Parson and have several appeals pending.

A federal court appeal focuses on how Missouri injects the fatal dose of pentobarbital. The written protocol calls for insertion of primary and secondary intravenous lines. But it offers no guidance on how far the execution team can go to find a suitable vein, leaving open the possibility of an invasive “cutdown procedure,” Dorsey’s attorneys say.

The procedure involves an incision that could be several inches wide and several inches deep. Forceps are used to tear tissue away from a vein that becomes the injection point.

“It’s surgery,” said Arin Brenner, a federal public defender and one of the attorneys representing Dorsey. “It would be surgery without anesthesia.”

Brenner said Dorsey faces a higher-than-normal risk of needing a cutdown because he is obese. His veins also might be compromised because he is diabetic and a former IV drug user.

A spokesperson for Attorney General Andrew Bailey didn’t comment but referred to the state’s response to the appeal.

“Cut-down procedures are rarely, if ever, used under Missouri’s execution protocol,” the response stated. “And in the event that a cut-down procedure were necessary, medical personnel have access to pain relieving medications.”

Medication would be inadequate and if the procedure is necessary, Dorsey should receive a local anesthetic, said Megan Crane, another attorney for him.

“It is extremely painful,” Crane said. “Even if given an oral pain relief or an opioid, that will not relieve the pain.”