1 1 UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF ARIZONA 3 _____________________ 4 5 Joseph Rudolph Wood III, et al., Plaintiffs, 6 vs. 7 Charles L. Ryan, et al., 8 Defendants. 9 ) ) ) No. ) ) ) ) ) ) ) CV 14-1447-PHX-NVW Phoenix, Arizona July 23, 2014 3:27 p.m. 10 11 12 13 BEFORE: THE HONORABLE NEIL V. WAKE, JUDGE (Telephonic Motion for Emergency Stay of Execution) (REDACTED) 14 15 16 17 18 19 20 21 22 23 24 25 Official Court Reporter: Laurie A. Adams, RMR, CRR Sandra Day O'Connor U.S. Courthouse, Suite 312 401 West Washington Street, SPC 43 Phoenix, Arizona 85003-2151 (602) 322-7256 Proceedings Reported by Stenographic Court Reporter Transcript Prepared by Computer-Aided Transcription UNITED STATES DISTRICT COURT 1 1 UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF ARIZONA 3 _____________________ 4 5 Joseph Rudolph Wood III, et al., Plaintiffs, 6 vs. 7 Charles L. Ryan, et al., 8 Defendants. 9 ) ) ) No. ) ) ) ) ) ) ) CV 14-1447-PHX-NVW Phoenix, Arizona July 23, 2014 3:27 p.m. 10 11 12 13 BEFORE: THE HONORABLE NEIL V. WAKE, JUDGE (Telephonic Motion for Emergency Stay of Execution) (REDACTED) 14 15 16 17 18 19 20 21 22 23 24 25 Official Court Reporter: Laurie A. Adams, RMR, CRR Sandra Day O'Connor U.S. Courthouse, Suite 312 401 West Washington Street, SPC 43 Phoenix, Arizona 85003-2151 (602) 322-7256 Proceedings Reported by Stenographic Court Reporter Transcript Prepared by Computer-Aided Transcription UNITED STATES DISTRICT COURT 1 1 UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF ARIZONA 3 _____________________ 4 5 Joseph Rudolph Wood III, et al., Plaintiffs, 6 vs. 7 Charles L. Ryan, et al., 8 Defendants. 9 ) ) ) No. ) ) ) ) ) ) ) CV 14-1447-PHX-NVW Phoenix, Arizona July 23, 2014 3:27 p.m. 10 11 12 13 BEFORE: THE HONORABLE NEIL V. WAKE, JUDGE (Telephonic Motion for Emergency Stay of Execution) (REDACTED) 14 15 16 17 18 19 20 21 22 23 24 25 Official Court Reporter: Laurie A. Adams, RMR, CRR Sandra Day O'Connor U.S. Courthouse, Suite 312 401 West Washington Street, SPC 43 Phoenix, Arizona 85003-2151 (602) 322-7256 Proceedings Reported by Stenographic Court Reporter Transcript Prepared by Computer-Aided Transcription UNITED STATES DISTRICT COURT 2 1 APPEARANCES 2 For the Plaintiffs: 3 4 5 6 7 8 9 FEDERAL PUBLIC DEFENDER'S OFFICE By: Robin C. Konrad, Esq. 850 W. Adams Street Suite 201 Phoenix, AZ 85007 For the Defendants: OFFICE OF THE ATTORNEY GENERAL By: Jeffrey A. Zick, Esq. 1275 W. Washington Phoenix, AZ 85007 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT 2 1 APPEARANCES 2 For the Plaintiffs: 3 4 5 6 7 8 9 FEDERAL PUBLIC DEFENDER'S OFFICE By: Robin C. Konrad, Esq. 850 W. Adams Street Suite 201 Phoenix, AZ 85007 For the Defendants: OFFICE OF THE ATTORNEY GENERAL By: Jeffrey A. Zick, Esq. 1275 W. Washington Phoenix, AZ 85007 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT 2 1 APPEARANCES 2 For the Plaintiffs: 3 4 5 6 7 8 9 FEDERAL PUBLIC DEFENDER'S OFFICE By: Robin C. Konrad, Esq. 850 W. Adams Street Suite 201 Phoenix, AZ 85007 For the Defendants: OFFICE OF THE ATTORNEY GENERAL By: Jeffrey A. Zick, Esq. 1275 W. Washington Phoenix, AZ 85007 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT 3 1 P R O C E E D I N G S 2 THE COURT: 3 MS. KONRAD: Ms. Konrad. I just filed a Motion for Emergency Stay 4 of Execution. 5 being sedated at 1:57. 6 snorting, and unable to breathe and not dying. 7 asking -- our motion asks for you to issue an emergency stay 8 and order the Department of Corrections to start lifesaving 9 techniques as required under their protocol. 10 11 Mr. Wood's execution started at 1:52. THE COURT: Since that time he has been gasping, MS. KONRAD: 13 THE COURT: And we're Do you have an Assistant Attorney General I do not. Okay. 14 meeting. 15 the urgency and demands. 16 are on the record. 18 15:28:11 I'm in the office right now. I have been pulled out of a We will do everything we can to deal with this with And I have a court reporter here. We 15:28:26 I want to make attempt right now to obtain participation of an attorney for the State. 19 I mean -- 20 MS. KONRAD: 21 THE COURT: Who would that be? Jeff Zick. any of these people? 23 reach, but we should start with the most appropriate person. 24 It seems like Mr. Zick. MS. KONRAD: 15:28:44 Do you have any -- do you have numbers for 22 25 15:27:50 there? 12 17 He was The reality is we'll take anybody I can Let me -- just a second, Judge Wake. UNITED STATES DISTRICT COURT 15:28:58 3 1 P R O C E E D I N G S 2 THE COURT: 3 MS. KONRAD: Ms. Konrad. I just filed a Motion for Emergency Stay 4 of Execution. 5 being sedated at 1:57. 6 snorting, and unable to breathe and not dying. 7 asking -- our motion asks for you to issue an emergency stay 8 and order the Department of Corrections to start lifesaving 9 techniques as required under their protocol. 10 11 Mr. Wood's execution started at 1:52. THE COURT: Since that time he has been gasping, MS. KONRAD: 13 THE COURT: And we're Do you have an Assistant Attorney General I do not. Okay. 14 meeting. 15 the urgency and demands. 16 are on the record. 18 15:28:11 I'm in the office right now. I have been pulled out of a We will do everything we can to deal with this with And I have a court reporter here. We 15:28:26 I want to make attempt right now to obtain participation of an attorney for the State. 19 I mean -- 20 MS. KONRAD: 21 THE COURT: Who would that be? Jeff Zick. any of these people? 23 reach, but we should start with the most appropriate person. 24 It seems like Mr. Zick. MS. KONRAD: 15:28:44 Do you have any -- do you have numbers for 22 25 15:27:50 there? 12 17 He was The reality is we'll take anybody I can Let me -- just a second, Judge Wake. UNITED STATES DISTRICT COURT 15:28:58 3 1 P R O C E E D I N G S 2 THE COURT: 3 MS. KONRAD: Ms. Konrad. I just filed a Motion for Emergency Stay 4 of Execution. 5 being sedated at 1:57. 6 snorting, and unable to breathe and not dying. 7 asking -- our motion asks for you to issue an emergency stay 8 and order the Department of Corrections to start lifesaving 9 techniques as required under their protocol. 10 11 Mr. Wood's execution started at 1:52. THE COURT: Since that time he has been gasping, MS. KONRAD: 13 THE COURT: And we're Do you have an Assistant Attorney General I do not. Okay. 14 meeting. 15 the urgency and demands. 16 are on the record. 18 15:28:11 I'm in the office right now. I have been pulled out of a We will do everything we can to deal with this with And I have a court reporter here. We 15:28:26 I want to make attempt right now to obtain participation of an attorney for the State. 19 I mean -- 20 MS. KONRAD: 21 THE COURT: Who would that be? Jeff Zick. any of these people? 23 reach, but we should start with the most appropriate person. 24 It seems like Mr. Zick. MS. KONRAD: 15:28:44 Do you have any -- do you have numbers for 22 25 15:27:50 there? 12 17 He was The reality is we'll take anybody I can Let me -- just a second, Judge Wake. UNITED STATES DISTRICT COURT 15:28:58 4 1 THE LAW CLERK: 2 THE COURT: 3 THE LAW CLERK: 4 MS. KONRAD Judge Wake? 5 THE COURT: Yes. 6 MS. KONRAD: 7 THE LAW CLERK: 8 THE COURT: 9 MS. KONRAD: 10 THE COURT: Ms. I have got a number. Konrad. The work number is 602-542 -- 15:29:28 542-5025 is the main Number. 8594 is his direct number. We have 8594 as his direct number. Yes. That is Jeff Zick's direct number. Now, I must tell you, I don't know how to 11 do conference calling on my phone. 12 your end? 13 14 15 16 MS. KONRAD: Yes. THE COURT: how to do it. 15:29:53 So why don't we try to do it on my end. 18 THE COURT: 19 MS. KONRAD: 20 THE COURT: 21 names for any backup people? 22 on as I'm reaching them. 25 I will attempt to conference him What's the best way -- my staff here knows MS. KONRAD: 24 Are you able to do it on in. 17 23 15:29:44 MS. KONRAD: Okay. Go ahead. Okay. Ms. Konrad, do you have the numbers and Sure. Because I probably won't have you A backup number is Jeff Sparks. Mr. Sparks is also on the case. THE COURT: 15:30:05 Mr. Sparks is 548-7670. Now -- UNITED STATES DISTRICT COURT 15:30:24 4 1 THE LAW CLERK: 2 THE COURT: 3 THE LAW CLERK: 4 MS. KONRAD Judge Wake? 5 THE COURT: Yes. 6 MS. KONRAD: 7 THE LAW CLERK: 8 THE COURT: 9 MS. KONRAD: 10 THE COURT: Ms. I have got a number. Konrad. The work number is 602-542 -- 15:29:28 542-5025 is the main Number. 8594 is his direct number. We have 8594 as his direct number. Yes. That is Jeff Zick's direct number. Now, I must tell you, I don't know how to 11 do conference calling on my phone. 12 your end? 13 14 15 16 MS. KONRAD: Yes. THE COURT: how to do it. 15:29:53 So why don't we try to do it on my end. 18 THE COURT: 19 MS. KONRAD: 20 THE COURT: 21 names for any backup people? 22 on as I'm reaching them. 25 I will attempt to conference him What's the best way -- my staff here knows MS. KONRAD: 24 Are you able to do it on in. 17 23 15:29:44 MS. KONRAD: Okay. Go ahead. Okay. Ms. Konrad, do you have the numbers and Sure. Because I probably won't have you A backup number is Jeff Sparks. Mr. Sparks is also on the case. THE COURT: 15:30:05 Mr. Sparks is 548-7670. Now -- UNITED STATES DISTRICT COURT 15:30:24 4 1 THE LAW CLERK: 2 THE COURT: 3 THE LAW CLERK: 4 MS. KONRAD Judge Wake? 5 THE COURT: Yes. 6 MS. KONRAD: 7 THE LAW CLERK: 8 THE COURT: 9 MS. KONRAD: 10 THE COURT: Ms. I have got a number. Konrad. The work number is 602-542 -- 15:29:28 542-5025 is the main Number. 8594 is his direct number. We have 8594 as his direct number. Yes. That is Jeff Zick's direct number. Now, I must tell you, I don't know how to 11 do conference calling on my phone. 12 your end? 13 14 15 16 MS. KONRAD: Yes. THE COURT: how to do it. 15:29:53 So why don't we try to do it on my end. 18 THE COURT: 19 MS. KONRAD: 20 THE COURT: 21 names for any backup people? 22 on as I'm reaching them. 25 I will attempt to conference him What's the best way -- my staff here knows MS. KONRAD: 24 Are you able to do it on in. 17 23 15:29:44 MS. KONRAD: Okay. Go ahead. Okay. Ms. Konrad, do you have the numbers and Sure. Because I probably won't have you A backup number is Jeff Sparks. Mr. Sparks is also on the case. THE COURT: 15:30:05 Mr. Sparks is 548-7670. Now -- UNITED STATES DISTRICT COURT 15:30:24 5 1 MS. KONRAD: 2 number for Mr. Zick. Also let me give you the cell phone 3 THE COURT: Yes. 4 MS. KONRAD: 5 THE COURT: 6 the number to call you back? It's . 7 MS. KONRAD: 8 THE COURT: 9 MS. KONRAD: All right. And in case I lose you, what's . All right. Okay. Please hold and we'll try. Thank you, Judge. 10 Ms. Konrad, we're going to try another number. 11 MS. KONRAD: 12 MR. ZICK: 13 THE COURT: 14 MR. ZICK: 15 THE COURT: 16 MR. ZICK: 17 THE COURT: 18 with Robin Konrad. 19 MR. ZICK: 20 Okay. 15:31:37 Thank you. Hello? Mr. Zick? Yes. This is Judge Wake calling. 15:32:03 Hi, Judge Wake. I need to put you on a conference call I'm sorry. I had the director on the line. Let me step out of my office. I can step out of my office. 21 THE COURT: 22 Ms. Konrad, are you there? 23 MS. KONRAD: 24 THE COURT: 25 15:30:36 15:32:14 Hold on a minute. I am. I just reached Mr. Zick on his cell phone. He is stepping out because he was speaking to the director at UNITED STATES DISTRICT COURT 15:32:24 5 1 MS. KONRAD: 2 number for Mr. Zick. Also let me give you the cell phone 3 THE COURT: Yes. 4 MS. KONRAD: 5 THE COURT: 6 the number to call you back? It's . 7 MS. KONRAD: 8 THE COURT: 9 MS. KONRAD: All right. And in case I lose you, what's . All right. Okay. Please hold and we'll try. Thank you, Judge. 10 Ms. Konrad, we're going to try another number. 11 MS. KONRAD: 12 MR. ZICK: 13 THE COURT: 14 MR. ZICK: 15 THE COURT: 16 MR. ZICK: 17 THE COURT: 18 with Robin Konrad. 19 MR. ZICK: 20 Okay. 15:31:37 Thank you. Hello? Mr. Zick? Yes. This is Judge Wake calling. 15:32:03 Hi, Judge Wake. I need to put you on a conference call I'm sorry. I had the director on the line. Let me step out of my office. I can step out of my office. 21 THE COURT: 22 Ms. Konrad, are you there? 23 MS. KONRAD: 24 THE COURT: 25 15:30:36 15:32:14 Hold on a minute. I am. I just reached Mr. Zick on his cell phone. He is stepping out because he was speaking to the director at UNITED STATES DISTRICT COURT 15:32:24 5 1 MS. KONRAD: 2 number for Mr. Zick. Also let me give you the cell phone 3 THE COURT: Yes. 4 MS. KONRAD: 5 THE COURT: 6 the number to call you back? It's . 7 MS. KONRAD: 8 THE COURT: 9 MS. KONRAD: All right. And in case I lose you, what's . All right. Okay. Please hold and we'll try. Thank you, Judge. 10 Ms. Konrad, we're going to try another number. 11 MS. KONRAD: 12 MR. ZICK: 13 THE COURT: 14 MR. ZICK: 15 THE COURT: 16 MR. ZICK: 17 THE COURT: 18 with Robin Konrad. 19 MR. ZICK: 20 Okay. 15:31:37 Thank you. Hello? Mr. Zick? Yes. This is Judge Wake calling. 15:32:03 Hi, Judge Wake. I need to put you on a conference call I'm sorry. I had the director on the line. Let me step out of my office. I can step out of my office. 21 THE COURT: 22 Ms. Konrad, are you there? 23 MS. KONRAD: 24 THE COURT: 25 15:30:36 15:32:14 Hold on a minute. I am. I just reached Mr. Zick on his cell phone. He is stepping out because he was speaking to the director at UNITED STATES DISTRICT COURT 15:32:24 6 1 this moment. Hold on a minute until I get him back. 2 MR. ZICK: 3 THE COURT: I'm here. Mr. Zick, Ms. Konrad has advised me that 4 Mr. Wood has not yet expired, and this has been going on for, 5 what, nearly an hour and a half. 6 15:32:43 And Ms. Konrad, I'm going to ask you to state very 7 succinctly the motion you filed and the relief you are seeking, 8 and then I'm going to invite you, Mr. Zick, to tell us 9 everything that is relevant to this that, of course, I will 10 need to hear from you. 15:32:59 11 Go ahead, Ms. Konrad. 12 MS. KONRAD: According to the attorney who is 13 witnessing, Mr. Wood -- the execution started at 1:52 p.m. 14 1:57 p.m., the Department of Corrections reported that he was 15 sedated but at 2:02 he began to breathe. 16 moved, and since that time Mr. Wood has continued to breathe. 17 He has been gasping and snorting for over an hour. 18 motion, we are respectfully requesting that the Court stop the 19 execution and require the Department of Corrections to use the 20 lifesaving provisions required in its protocol. 21 THE COURT: At At 2:03 his mouth 15:33:15 And in our 15:33:34 Mr. Zick, I invite you to tell me the 22 facts as you know them. And that would include the details of 23 what the protocol provides for this situation. 24 Go ahead, Mr. Zick. 25 MR. ZICK: Okay. What I can tell you that I know from UNITED STATES DISTRICT COURT 15:33:46 6 1 this moment. Hold on a minute until I get him back. 2 MR. ZICK: 3 THE COURT: I'm here. Mr. Zick, Ms. Konrad has advised me that 4 Mr. Wood has not yet expired, and this has been going on for, 5 what, nearly an hour and a half. 6 15:32:43 And Ms. Konrad, I'm going to ask you to state very 7 succinctly the motion you filed and the relief you are seeking, 8 and then I'm going to invite you, Mr. Zick, to tell us 9 everything that is relevant to this that, of course, I will 10 need to hear from you. 15:32:59 11 Go ahead, Ms. Konrad. 12 MS. KONRAD: According to the attorney who is 13 witnessing, Mr. Wood -- the execution started at 1:52 p.m. 14 1:57 p.m., the Department of Corrections reported that he was 15 sedated but at 2:02 he began to breathe. 16 moved, and since that time Mr. Wood has continued to breathe. 17 He has been gasping and snorting for over an hour. 18 motion, we are respectfully requesting that the Court stop the 19 execution and require the Department of Corrections to use the 20 lifesaving provisions required in its protocol. 21 THE COURT: At At 2:03 his mouth 15:33:15 And in our 15:33:34 Mr. Zick, I invite you to tell me the 22 facts as you know them. And that would include the details of 23 what the protocol provides for this situation. 24 Go ahead, Mr. Zick. 25 MR. ZICK: Okay. What I can tell you that I know from UNITED STATES DISTRICT COURT 15:33:46 6 1 this moment. Hold on a minute until I get him back. 2 MR. ZICK: 3 THE COURT: I'm here. Mr. Zick, Ms. Konrad has advised me that 4 Mr. Wood has not yet expired, and this has been going on for, 5 what, nearly an hour and a half. 6 15:32:43 And Ms. Konrad, I'm going to ask you to state very 7 succinctly the motion you filed and the relief you are seeking, 8 and then I'm going to invite you, Mr. Zick, to tell us 9 everything that is relevant to this that, of course, I will 10 need to hear from you. 15:32:59 11 Go ahead, Ms. Konrad. 12 MS. KONRAD: According to the attorney who is 13 witnessing, Mr. Wood -- the execution started at 1:52 p.m. 14 1:57 p.m., the Department of Corrections reported that he was 15 sedated but at 2:02 he began to breathe. 16 moved, and since that time Mr. Wood has continued to breathe. 17 He has been gasping and snorting for over an hour. 18 motion, we are respectfully requesting that the Court stop the 19 execution and require the Department of Corrections to use the 20 lifesaving provisions required in its protocol. 21 THE COURT: At At 2:03 his mouth 15:33:15 And in our 15:33:34 Mr. Zick, I invite you to tell me the 22 facts as you know them. And that would include the details of 23 what the protocol provides for this situation. 24 Go ahead, Mr. Zick. 25 MR. ZICK: Okay. What I can tell you that I know from UNITED STATES DISTRICT COURT 15:33:46 7 1 speaking with Dawn Northup, who is general counsel with the 2 Department of Corrections, and with the director, is that the 3 consciousness check, according to -- that complies with the 4 protocol that had taken place, the individual who does the 5 consciousness check determined, medically determined that Mr. 6 Wood was unconscious; that his mouth was open; that at some 7 point during the -- when the drugs were given, an involuntary 8 reaction or a snoring-type reaction was taking place; that it 9 had been ongoing. 10 is unconscious -- 11 A second consciousness check was given. He 15:34:34 THE COURT: Mr. Zick, I appreciate the need to address 12 this as quickly as possible, but could you please give me, to 13 the extent you know, the time frames of these steps that you 14 have articulated, the second consciousness check? 15 MR. ZICK: 16 second consciousness check. 17 18 19 15:34:06 THE COURT: I don't have the exact time frame of the Very well then. 15:34:48 Just please continue with what you know. MR. ZICK: Okay. And so that involuntary reaction, 20 according to the medical individual who was doing the 21 consciousness check, indicated that that was something that is 22 going to occur. 23 have the time frame for that. 24 information. 25 told that Mr. Wood is effectively brain dead and that this is 15:35:01 A second dose of drugs was given, and I don't They didn't give me that That involuntary reaction continues, but I am UNITED STATES DISTRICT COURT 15:35:26 7 1 speaking with Dawn Northup, who is general counsel with the 2 Department of Corrections, and with the director, is that the 3 consciousness check, according to -- that complies with the 4 protocol that had taken place, the individual who does the 5 consciousness check determined, medically determined that Mr. 6 Wood was unconscious; that his mouth was open; that at some 7 point during the -- when the drugs were given, an involuntary 8 reaction or a snoring-type reaction was taking place; that it 9 had been ongoing. 10 is unconscious -- 11 A second consciousness check was given. He 15:34:34 THE COURT: Mr. Zick, I appreciate the need to address 12 this as quickly as possible, but could you please give me, to 13 the extent you know, the time frames of these steps that you 14 have articulated, the second consciousness check? 15 MR. ZICK: 16 second consciousness check. 17 18 19 15:34:06 THE COURT: I don't have the exact time frame of the Very well then. 15:34:48 Just please continue with what you know. MR. ZICK: Okay. And so that involuntary reaction, 20 according to the medical individual who was doing the 21 consciousness check, indicated that that was something that is 22 going to occur. 23 have the time frame for that. 24 information. 25 told that Mr. Wood is effectively brain dead and that this is 15:35:01 A second dose of drugs was given, and I don't They didn't give me that That involuntary reaction continues, but I am UNITED STATES DISTRICT COURT 15:35:26 7 1 speaking with Dawn Northup, who is general counsel with the 2 Department of Corrections, and with the director, is that the 3 consciousness check, according to -- that complies with the 4 protocol that had taken place, the individual who does the 5 consciousness check determined, medically determined that Mr. 6 Wood was unconscious; that his mouth was open; that at some 7 point during the -- when the drugs were given, an involuntary 8 reaction or a snoring-type reaction was taking place; that it 9 had been ongoing. 10 is unconscious -- 11 A second consciousness check was given. He 15:34:34 THE COURT: Mr. Zick, I appreciate the need to address 12 this as quickly as possible, but could you please give me, to 13 the extent you know, the time frames of these steps that you 14 have articulated, the second consciousness check? 15 MR. ZICK: 16 second consciousness check. 17 18 19 15:34:06 THE COURT: I don't have the exact time frame of the Very well then. 15:34:48 Just please continue with what you know. MR. ZICK: Okay. And so that involuntary reaction, 20 according to the medical individual who was doing the 21 consciousness check, indicated that that was something that is 22 going to occur. 23 have the time frame for that. 24 information. 25 told that Mr. Wood is effectively brain dead and that this is 15:35:01 A second dose of drugs was given, and I don't They didn't give me that That involuntary reaction continues, but I am UNITED STATES DISTRICT COURT 15:35:26 8 1 the type of reaction that one gets if they were taken off of 2 life support. 3 activity. 4 The brain stem is working but there's no brain THE COURT: And tell me briefly how it is, is he -- do 5 you have the leads or probes necessary to determine his brain 6 state? 7 MR. ZICK: 8 THE COURT: 9 Repeat that, Judge. I'm sorry. Do you have the leads connected to determine his brain state? 10 MR. ZICK: That, I don't -- I don't believe there are 11 leads connected on the head, but I'm not sure. 12 this individual is medically trained. 13 14 THE COURT: Okay. 15:36:03 I know that What I'm wondering is what the basis is for the conclusion that he is effectively brain dead. 15 MR. ZICK: It's because of the medical training. 16 all I know is that's the information that was given to me. 17 could certainly find that out. 18 THE COURT: with him, if it's just a visual observation, that is very 20 concerning as not being adequate. 21 And 15:36:17 I Well, if there are not monitors connected 19 22 15:35:50 15:36:34 Tell me, what is the current status and what is the anticipated plan of action from this minute forward? 23 MR. ZICK: Well, from this minute forward, I can tell 24 you that the director is on the phone with the governor's 25 office. The only contingency plan for this is in the protocol. UNITED STATES DISTRICT COURT 15:36:55 8 1 the type of reaction that one gets if they were taken off of 2 life support. 3 activity. 4 The brain stem is working but there's no brain THE COURT: And tell me briefly how it is, is he -- do 5 you have the leads or probes necessary to determine his brain 6 state? 7 MR. ZICK: 8 THE COURT: 9 Repeat that, Judge. I'm sorry. Do you have the leads connected to determine his brain state? 10 MR. ZICK: That, I don't -- I don't believe there are 11 leads connected on the head, but I'm not sure. 12 this individual is medically trained. 13 14 THE COURT: Okay. 15:36:03 I know that What I'm wondering is what the basis is for the conclusion that he is effectively brain dead. 15 MR. ZICK: It's because of the medical training. 16 all I know is that's the information that was given to me. 17 could certainly find that out. 18 THE COURT: with him, if it's just a visual observation, that is very 20 concerning as not being adequate. 21 And 15:36:17 I Well, if there are not monitors connected 19 22 15:35:50 15:36:34 Tell me, what is the current status and what is the anticipated plan of action from this minute forward? 23 MR. ZICK: Well, from this minute forward, I can tell 24 you that the director is on the phone with the governor's 25 office. The only contingency plan for this is in the protocol. UNITED STATES DISTRICT COURT 15:36:55 8 1 the type of reaction that one gets if they were taken off of 2 life support. 3 activity. 4 The brain stem is working but there's no brain THE COURT: And tell me briefly how it is, is he -- do 5 you have the leads or probes necessary to determine his brain 6 state? 7 MR. ZICK: 8 THE COURT: 9 Repeat that, Judge. I'm sorry. Do you have the leads connected to determine his brain state? 10 MR. ZICK: That, I don't -- I don't believe there are 11 leads connected on the head, but I'm not sure. 12 this individual is medically trained. 13 14 THE COURT: Okay. 15:36:03 I know that What I'm wondering is what the basis is for the conclusion that he is effectively brain dead. 15 MR. ZICK: It's because of the medical training. 16 all I know is that's the information that was given to me. 17 could certainly find that out. 18 THE COURT: with him, if it's just a visual observation, that is very 20 concerning as not being adequate. 21 And 15:36:17 I Well, if there are not monitors connected 19 22 15:35:50 15:36:34 Tell me, what is the current status and what is the anticipated plan of action from this minute forward? 23 MR. ZICK: Well, from this minute forward, I can tell 24 you that the director is on the phone with the governor's 25 office. The only contingency plan for this is in the protocol. UNITED STATES DISTRICT COURT 15:36:55 9 1 I think it's cited in the motion that was filed. 2 THE COURT: I have not been able to read the motion 3 because I have just called you immediately. 4 what the protocol provides in that respect. 5 MR. ZICK: 6 THE COURT: 7 MS. KONRAD: 8 THE COURT: 9 So please tell me If I could step back into my office. 15:37:12 Certainly. I can read you the motion, Judge. Let's do that. Mr. Zick, hold on and we'll hear this from Ms. Konrad. 10 MS. KONRAD: The contingency procedure is an Automatic 11 External Defibrillator will be readily available on site. 12 the event of cardiac arrest, trained medical personnel and 13 emergency transportation shall be available in proximity to 14 respond to the inmate should any medical emergency arise. 15 at any point the team member determines any part of the 16 execution is not going according to procedure, they shall 17 advise the IV team leader who notifies the director, and the 18 director will determine the appropriate procedures and stand 19 down if necessary. 20 21 22 23 THE COURT: 15:37:25 In If Mr. Zick, do you dispute her summary 15:37:43 15:37:57 there? MR. ZICK: That is the contingency plan that is listed in the protocol, correct. Yes. 24 THE COURT: And so at this point, he's still 25 breathing, but you believe -- UNITED STATES DISTRICT COURT 15:38:08 9 1 I think it's cited in the motion that was filed. 2 THE COURT: I have not been able to read the motion 3 because I have just called you immediately. 4 what the protocol provides in that respect. 5 MR. ZICK: 6 THE COURT: 7 MS. KONRAD: 8 THE COURT: 9 So please tell me If I could step back into my office. 15:37:12 Certainly. I can read you the motion, Judge. Let's do that. Mr. Zick, hold on and we'll hear this from Ms. Konrad. 10 MS. KONRAD: The contingency procedure is an Automatic 11 External Defibrillator will be readily available on site. 12 the event of cardiac arrest, trained medical personnel and 13 emergency transportation shall be available in proximity to 14 respond to the inmate should any medical emergency arise. 15 at any point the team member determines any part of the 16 execution is not going according to procedure, they shall 17 advise the IV team leader who notifies the director, and the 18 director will determine the appropriate procedures and stand 19 down if necessary. 20 21 22 23 THE COURT: 15:37:25 In If Mr. Zick, do you dispute her summary 15:37:43 15:37:57 there? MR. ZICK: That is the contingency plan that is listed in the protocol, correct. Yes. 24 THE COURT: And so at this point, he's still 25 breathing, but you believe -- UNITED STATES DISTRICT COURT 15:38:08 9 1 I think it's cited in the motion that was filed. 2 THE COURT: I have not been able to read the motion 3 because I have just called you immediately. 4 what the protocol provides in that respect. 5 MR. ZICK: 6 THE COURT: 7 MS. KONRAD: 8 THE COURT: 9 So please tell me If I could step back into my office. 15:37:12 Certainly. I can read you the motion, Judge. Let's do that. Mr. Zick, hold on and we'll hear this from Ms. Konrad. 10 MS. KONRAD: The contingency procedure is an Automatic 11 External Defibrillator will be readily available on site. 12 the event of cardiac arrest, trained medical personnel and 13 emergency transportation shall be available in proximity to 14 respond to the inmate should any medical emergency arise. 15 at any point the team member determines any part of the 16 execution is not going according to procedure, they shall 17 advise the IV team leader who notifies the director, and the 18 director will determine the appropriate procedures and stand 19 down if necessary. 20 21 22 23 THE COURT: 15:37:25 In If Mr. Zick, do you dispute her summary 15:37:43 15:37:57 there? MR. ZICK: That is the contingency plan that is listed in the protocol, correct. Yes. 24 THE COURT: And so at this point, he's still 25 breathing, but you believe -- UNITED STATES DISTRICT COURT 15:38:08 10 1 MR. ZICK: 2 THE COURT: 3 You believe from visual observations that he is brain dead, correct? 4 5 He is. MR. ZICK: It is an involuntary snoring that is apparently a reaction of the brain stem and not of the brain. 6 THE COURT: Are there -- what are the indications as 7 to whether -- well, I understand you have already answered 8 that. 9 Now, you were just talking with the director. Are you 10 able to tell me what the director anticipates doing at this 11 moment? 12 under the protocol. 13 15:38:19 15:38:36 And please remind me of what the governor's role is MR. ZICK: I'm not sure what the governor's role is 14 under the protocol, and I don't have the protocol in front of 15 me. 16 from Julie Hall and then called the director. 17 direct -- Dawn Northup was on the phone with me when the 18 director received that call. 19 what the minute plan is right now. All I know is that the governor's office received a call 20 THE COURT: 21 MR. ZICK: 22 THE COURT: 23 MR. ZICK: 15:38:54 And the I don't know -- I can't tell you All right. And Ms. Konrad, are you -- 15:39:13 I'm sorry, Judge, if I may. Go ahead. I just received a note that said that Mr. 24 Wood stopped the snoring and involuntary action and the heart 25 has slowed considerably. So that's the updated information to UNITED STATES DISTRICT COURT 15:39:30 10 1 MR. ZICK: 2 THE COURT: 3 You believe from visual observations that he is brain dead, correct? 4 5 He is. MR. ZICK: It is an involuntary snoring that is apparently a reaction of the brain stem and not of the brain. 6 THE COURT: Are there -- what are the indications as 7 to whether -- well, I understand you have already answered 8 that. 9 Now, you were just talking with the director. Are you 10 able to tell me what the director anticipates doing at this 11 moment? 12 under the protocol. 13 15:38:19 15:38:36 And please remind me of what the governor's role is MR. ZICK: I'm not sure what the governor's role is 14 under the protocol, and I don't have the protocol in front of 15 me. 16 from Julie Hall and then called the director. 17 direct -- Dawn Northup was on the phone with me when the 18 director received that call. 19 what the minute plan is right now. All I know is that the governor's office received a call 20 THE COURT: 21 MR. ZICK: 22 THE COURT: 23 MR. ZICK: 15:38:54 And the I don't know -- I can't tell you All right. And Ms. Konrad, are you -- 15:39:13 I'm sorry, Judge, if I may. Go ahead. I just received a note that said that Mr. 24 Wood stopped the snoring and involuntary action and the heart 25 has slowed considerably. So that's the updated information to UNITED STATES DISTRICT COURT 15:39:30 10 1 MR. ZICK: 2 THE COURT: 3 You believe from visual observations that he is brain dead, correct? 4 5 He is. MR. ZICK: It is an involuntary snoring that is apparently a reaction of the brain stem and not of the brain. 6 THE COURT: Are there -- what are the indications as 7 to whether -- well, I understand you have already answered 8 that. 9 Now, you were just talking with the director. Are you 10 able to tell me what the director anticipates doing at this 11 moment? 12 under the protocol. 13 15:38:19 15:38:36 And please remind me of what the governor's role is MR. ZICK: I'm not sure what the governor's role is 14 under the protocol, and I don't have the protocol in front of 15 me. 16 from Julie Hall and then called the director. 17 direct -- Dawn Northup was on the phone with me when the 18 director received that call. 19 what the minute plan is right now. All I know is that the governor's office received a call 20 THE COURT: 21 MR. ZICK: 22 THE COURT: 23 MR. ZICK: 15:38:54 And the I don't know -- I can't tell you All right. And Ms. Konrad, are you -- 15:39:13 I'm sorry, Judge, if I may. Go ahead. I just received a note that said that Mr. 24 Wood stopped the snoring and involuntary action and the heart 25 has slowed considerably. So that's the updated information to UNITED STATES DISTRICT COURT 15:39:30 11 1 2 the minute that I have. THE COURT: Now, before I get to some substance here, 3 more substance, Ms. Konrad, I don't recall from my previous 4 studies of protocols that may be out of date that the governor 5 has any role. Is that correct? 6 MS. KONRAD: 7 THE COURT: 15:39:48 Can you repeat that, Judge? I'm sorry. I'm saying I don't recall from my previous 8 examinations of protocols, which may be out of date now, that I 9 don't recall that the governor has any role. 10 11 Does the governor have any role? 15:40:04 MS. KONRAD: Off the top of my head, it's not -- I 12 don't recall the governor having any role written in the 13 protocol, either. 14 could stop the execution, I assume. Of course, as the governor of this state she 15 THE COURT: 16 MR. ZICK: I would assume -- go ahead, Mr. Zick. Judge, I do recall the only -- the role of 17 the governor that I recall in the protocol is simply calling to 18 ensure that there are no stays of execution prior to the 19 commencement of the execution. 20 THE COURT: All right. Now, of course I am 21 considering right now based on what's presented to me whether 22 the execution should be suspended, but I am also -- it would be 23 most helpful to know what the director intends to do 24 immediately. 25 15:40:16 I am also very concerned, Ms. Konrad, that depending UNITED STATES DISTRICT COURT 15:40:31 15:40:49 11 1 2 the minute that I have. THE COURT: Now, before I get to some substance here, 3 more substance, Ms. Konrad, I don't recall from my previous 4 studies of protocols that may be out of date that the governor 5 has any role. Is that correct? 6 MS. KONRAD: 7 THE COURT: 15:39:48 Can you repeat that, Judge? I'm sorry. I'm saying I don't recall from my previous 8 examinations of protocols, which may be out of date now, that I 9 don't recall that the governor has any role. 10 11 Does the governor have any role? 15:40:04 MS. KONRAD: Off the top of my head, it's not -- I 12 don't recall the governor having any role written in the 13 protocol, either. 14 could stop the execution, I assume. Of course, as the governor of this state she 15 THE COURT: 16 MR. ZICK: I would assume -- go ahead, Mr. Zick. Judge, I do recall the only -- the role of 17 the governor that I recall in the protocol is simply calling to 18 ensure that there are no stays of execution prior to the 19 commencement of the execution. 20 THE COURT: All right. Now, of course I am 21 considering right now based on what's presented to me whether 22 the execution should be suspended, but I am also -- it would be 23 most helpful to know what the director intends to do 24 immediately. 25 15:40:16 I am also very concerned, Ms. Konrad, that depending UNITED STATES DISTRICT COURT 15:40:31 15:40:49 11 1 2 the minute that I have. THE COURT: Now, before I get to some substance here, 3 more substance, Ms. Konrad, I don't recall from my previous 4 studies of protocols that may be out of date that the governor 5 has any role. Is that correct? 6 MS. KONRAD: 7 THE COURT: 15:39:48 Can you repeat that, Judge? I'm sorry. I'm saying I don't recall from my previous 8 examinations of protocols, which may be out of date now, that I 9 don't recall that the governor has any role. 10 11 Does the governor have any role? 15:40:04 MS. KONRAD: Off the top of my head, it's not -- I 12 don't recall the governor having any role written in the 13 protocol, either. 14 could stop the execution, I assume. Of course, as the governor of this state she 15 THE COURT: 16 MR. ZICK: I would assume -- go ahead, Mr. Zick. Judge, I do recall the only -- the role of 17 the governor that I recall in the protocol is simply calling to 18 ensure that there are no stays of execution prior to the 19 commencement of the execution. 20 THE COURT: All right. Now, of course I am 21 considering right now based on what's presented to me whether 22 the execution should be suspended, but I am also -- it would be 23 most helpful to know what the director intends to do 24 immediately. 25 15:40:16 I am also very concerned, Ms. Konrad, that depending UNITED STATES DISTRICT COURT 15:40:31 15:40:49 12 1 on the accuracy of the information Mr. Zick has passed on that 2 suspending the execution may do more harm than good. 3 Mr. Zick, what can you do very promptly to advise me 4 of the director's intentions? 5 call while we wait for three or five minutes, we'll do that. 6 But I do intend to resolve this matter with extreme urgency in 7 light of the nature of the matter and the inability to 8 deliberate at any length. 9 And if that means doing a quick So Mr. Zick, are you able -- what do you suggest in 10 terms of getting us the most accurate information about the 11 director's intention? 12 MR. ZICK: still on the phone I can talk with him, or I can give him an 14 immediate call. THE COURT: Ms. Konrad, do you have any problem 16 proceeding that way? 17 contact within 5 or 10 minutes. 18 19 20 15:41:40 I can go back into my office and if he's 13 15 15:41:17 MS. KONRAD: 15:41:53 I would expect we would be back in You can reach me at this same number, Judge Wake. THE COURT: I might prefer just to remain on the line 21 and not have to reestablish the connection and allow Mr. Zick 22 to make that call to the director, and I expect that his call 23 will be taken. 24 MS. KONRAD: 25 THE COURT: 15:42:05 That would be perfect. We will remain on the line, then, and Mr. UNITED STATES DISTRICT COURT 15:42:20 12 1 on the accuracy of the information Mr. Zick has passed on that 2 suspending the execution may do more harm than good. 3 Mr. Zick, what can you do very promptly to advise me 4 of the director's intentions? 5 call while we wait for three or five minutes, we'll do that. 6 But I do intend to resolve this matter with extreme urgency in 7 light of the nature of the matter and the inability to 8 deliberate at any length. 9 And if that means doing a quick So Mr. Zick, are you able -- what do you suggest in 10 terms of getting us the most accurate information about the 11 director's intention? 12 MR. ZICK: still on the phone I can talk with him, or I can give him an 14 immediate call. THE COURT: Ms. Konrad, do you have any problem 16 proceeding that way? 17 contact within 5 or 10 minutes. 18 19 20 15:41:40 I can go back into my office and if he's 13 15 15:41:17 MS. KONRAD: 15:41:53 I would expect we would be back in You can reach me at this same number, Judge Wake. THE COURT: I might prefer just to remain on the line 21 and not have to reestablish the connection and allow Mr. Zick 22 to make that call to the director, and I expect that his call 23 will be taken. 24 MS. KONRAD: 25 THE COURT: 15:42:05 That would be perfect. We will remain on the line, then, and Mr. UNITED STATES DISTRICT COURT 15:42:20 12 1 on the accuracy of the information Mr. Zick has passed on that 2 suspending the execution may do more harm than good. 3 Mr. Zick, what can you do very promptly to advise me 4 of the director's intentions? 5 call while we wait for three or five minutes, we'll do that. 6 But I do intend to resolve this matter with extreme urgency in 7 light of the nature of the matter and the inability to 8 deliberate at any length. 9 And if that means doing a quick So Mr. Zick, are you able -- what do you suggest in 10 terms of getting us the most accurate information about the 11 director's intention? 12 MR. ZICK: still on the phone I can talk with him, or I can give him an 14 immediate call. THE COURT: Ms. Konrad, do you have any problem 16 proceeding that way? 17 contact within 5 or 10 minutes. 18 19 20 15:41:40 I can go back into my office and if he's 13 15 15:41:17 MS. KONRAD: 15:41:53 I would expect we would be back in You can reach me at this same number, Judge Wake. THE COURT: I might prefer just to remain on the line 21 and not have to reestablish the connection and allow Mr. Zick 22 to make that call to the director, and I expect that his call 23 will be taken. 24 MS. KONRAD: 25 THE COURT: 15:42:05 That would be perfect. We will remain on the line, then, and Mr. UNITED STATES DISTRICT COURT 15:42:20 13 1 Zick, please do that. And again, I do need to make a decision 2 within a few minutes as to whether to suspend the execution. 3 So go ahead, Mr. Zick. 4 MR. ZICK: 5 THE COURT: 6 Ms. Konrad, I don't want to lose the phone connection, 7 but I'm going to put you on mute so that I can converse with my 8 staff. 9 10 15:42:34 Thank you. 15:42:52 THE COURT: We're going to do that right now. please hold however long it is. MS. KONRAD: 14 THE COURT: And Thank you. Okay. We're going to go off the record while we're off the phone. 16 17 Thank you. That's perfectly okay, Judge Wake. 13 15 I will do that. All right. MS. KONRAD: 11 12 Okay. 15:43:01 (Discussion off the record from 3:43 p.m. until 3:47 p.m.) 18 MS. KONRAD: 19 THE COURT: 20 MR. ZICK: Judge Wake put us on mute. I have you both. Okay. Go ahead, Mr. Zick. The updated information, before I 21 get to any contingency, is that Mr. Wood has no respiration 22 right now and his heart rate is 20 and falling. 23 medical side. 24 25 15:47:50 That's on the The director indicated that in consultation with the IV team leader, who is a medical doctor, Mr. Wood is apparently UNITED STATES DISTRICT COURT 15:48:10 13 1 Zick, please do that. And again, I do need to make a decision 2 within a few minutes as to whether to suspend the execution. 3 So go ahead, Mr. Zick. 4 MR. ZICK: 5 THE COURT: 6 Ms. Konrad, I don't want to lose the phone connection, 7 but I'm going to put you on mute so that I can converse with my 8 staff. 9 10 15:42:34 Thank you. 15:42:52 THE COURT: We're going to do that right now. please hold however long it is. MS. KONRAD: 14 THE COURT: And Thank you. Okay. We're going to go off the record while we're off the phone. 16 17 Thank you. That's perfectly okay, Judge Wake. 13 15 I will do that. All right. MS. KONRAD: 11 12 Okay. 15:43:01 (Discussion off the record from 3:43 p.m. until 3:47 p.m.) 18 MS. KONRAD: 19 THE COURT: 20 MR. ZICK: Judge Wake put us on mute. I have you both. Okay. Go ahead, Mr. Zick. The updated information, before I 21 get to any contingency, is that Mr. Wood has no respiration 22 right now and his heart rate is 20 and falling. 23 medical side. 24 25 15:47:50 That's on the The director indicated that in consultation with the IV team leader, who is a medical doctor, Mr. Wood is apparently UNITED STATES DISTRICT COURT 15:48:10 13 1 Zick, please do that. And again, I do need to make a decision 2 within a few minutes as to whether to suspend the execution. 3 So go ahead, Mr. Zick. 4 MR. ZICK: 5 THE COURT: 6 Ms. Konrad, I don't want to lose the phone connection, 7 but I'm going to put you on mute so that I can converse with my 8 staff. 9 10 15:42:34 Thank you. 15:42:52 THE COURT: We're going to do that right now. please hold however long it is. MS. KONRAD: 14 THE COURT: And Thank you. Okay. We're going to go off the record while we're off the phone. 16 17 Thank you. That's perfectly okay, Judge Wake. 13 15 I will do that. All right. MS. KONRAD: 11 12 Okay. 15:43:01 (Discussion off the record from 3:43 p.m. until 3:47 p.m.) 18 MS. KONRAD: 19 THE COURT: 20 MR. ZICK: Judge Wake put us on mute. I have you both. Okay. Go ahead, Mr. Zick. The updated information, before I 21 get to any contingency, is that Mr. Wood has no respiration 22 right now and his heart rate is 20 and falling. 23 medical side. 24 25 15:47:50 That's on the The director indicated that in consultation with the IV team leader, who is a medical doctor, Mr. Wood is apparently UNITED STATES DISTRICT COURT 15:48:10 14 1 comatose; that he cannot change course at this point, and the 2 plan, I suppose, is to push chemicals based on the input from 3 the IV team leader. 4 THE COURT: 5 MR. ZICK: 6 THE COURT: 7 8 9 10 11 Increase the chemical dosage? Right. 15:48:37 Do we have -- do you have a sense of what the risk, the chances are of pain at this time? MR. ZICK: In talking with the director, who has been in consultation with the IV team leader, there has been no appearance of any pain. THE COURT: 15:48:57 And with respect to the gasping and 12 attempted breathing that Ms. Konrad reported initially, that, 13 of course, could be indicative of pain. 14 that is now done, is that correct, that -- 15 MR. ZICK: 16 THE COURT: But your report is There's no respiration. 15:49:14 Ms. Konrad, I'm trying to lead this 17 discussion in a way that gets to the decisions I have to make, 18 and I have not been meaning to exclude anyone. 19 tell me what you request. 20 have read it. 21 of the Court and briefly your basis. 22 focus here is on the chance of pain. And I just got your paper, and I I invite you to tell me what it is that you ask 23 Go ahead, Ms. Konrad. 24 MS. KONRAD: 25 I invite you to 15:49:33 And again, my principal Judge Wake, when we filed this motion 45 minutes ago when we got word he was gasping for over an hour, UNITED STATES DISTRICT COURT 15:49:52 14 1 comatose; that he cannot change course at this point, and the 2 plan, I suppose, is to push chemicals based on the input from 3 the IV team leader. 4 THE COURT: 5 MR. ZICK: 6 THE COURT: 7 8 9 10 11 Increase the chemical dosage? Right. 15:48:37 Do we have -- do you have a sense of what the risk, the chances are of pain at this time? MR. ZICK: In talking with the director, who has been in consultation with the IV team leader, there has been no appearance of any pain. THE COURT: 15:48:57 And with respect to the gasping and 12 attempted breathing that Ms. Konrad reported initially, that, 13 of course, could be indicative of pain. 14 that is now done, is that correct, that -- 15 MR. ZICK: 16 THE COURT: But your report is There's no respiration. 15:49:14 Ms. Konrad, I'm trying to lead this 17 discussion in a way that gets to the decisions I have to make, 18 and I have not been meaning to exclude anyone. 19 tell me what you request. 20 have read it. 21 of the Court and briefly your basis. 22 focus here is on the chance of pain. And I just got your paper, and I I invite you to tell me what it is that you ask 23 Go ahead, Ms. Konrad. 24 MS. KONRAD: 25 I invite you to 15:49:33 And again, my principal Judge Wake, when we filed this motion 45 minutes ago when we got word he was gasping for over an hour, UNITED STATES DISTRICT COURT 15:49:52 14 1 comatose; that he cannot change course at this point, and the 2 plan, I suppose, is to push chemicals based on the input from 3 the IV team leader. 4 THE COURT: 5 MR. ZICK: 6 THE COURT: 7 8 9 10 11 Increase the chemical dosage? Right. 15:48:37 Do we have -- do you have a sense of what the risk, the chances are of pain at this time? MR. ZICK: In talking with the director, who has been in consultation with the IV team leader, there has been no appearance of any pain. THE COURT: 15:48:57 And with respect to the gasping and 12 attempted breathing that Ms. Konrad reported initially, that, 13 of course, could be indicative of pain. 14 that is now done, is that correct, that -- 15 MR. ZICK: 16 THE COURT: But your report is There's no respiration. 15:49:14 Ms. Konrad, I'm trying to lead this 17 discussion in a way that gets to the decisions I have to make, 18 and I have not been meaning to exclude anyone. 19 tell me what you request. 20 have read it. 21 of the Court and briefly your basis. 22 focus here is on the chance of pain. And I just got your paper, and I I invite you to tell me what it is that you ask 23 Go ahead, Ms. Konrad. 24 MS. KONRAD: 25 I invite you to 15:49:33 And again, my principal Judge Wake, when we filed this motion 45 minutes ago when we got word he was gasping for over an hour, UNITED STATES DISTRICT COURT 15:49:52 15 1 our request was to immediately stay the execution and perform 2 lifesaving techniques. 3 would still -- Mr. Zick has said the situation has changed. 4 Without any further information, I'm not sure what more to say 5 other than we're requesting the stay of execution. 6 sure if that's possible at this time. I'm not a medical professional. I I'm not 7 THE COURT: 8 Mr. Zick, do you want to be heard briefly in response I understand. 9 to that statement? You don't have to say anything more. 10 MR. ZICK: I don't have anything other than the 11 15:50:18 15:50:36 information I just gave. 12 THE COURT: All right. First of all, I thank both 13 counsel. 14 you have addressed all this, and Mr. Zick, I thank you for the 15 luck that you are available and your prompt responses to my 16 questions. 17 Ms. Konrad, I thank you for the urgency with which 15:50:51 Looking at this from the perspective of Eighth 18 Amendment prohibition of cruel and unusual punishment, I look 19 at this in terms of what can be done, if anything, to eliminate 20 or reduce pain that may be experienced. 21 degrees of risk with less than certain knowledge. 22 It's a matter of 15:51:09 Based on Mr. Zick's summary, it does appear to me that 23 there is no serious risk of pain being experienced at this 24 time. 25 to deal with degrees of uncertainty, but it does not appear Now, maybe I should qualify that, that there -- we have UNITED STATES DISTRICT COURT 15:51:37 15 1 our request was to immediately stay the execution and perform 2 lifesaving techniques. 3 would still -- Mr. Zick has said the situation has changed. 4 Without any further information, I'm not sure what more to say 5 other than we're requesting the stay of execution. 6 sure if that's possible at this time. I'm not a medical professional. I I'm not 7 THE COURT: 8 Mr. Zick, do you want to be heard briefly in response I understand. 9 to that statement? You don't have to say anything more. 10 MR. ZICK: I don't have anything other than the 11 15:50:18 15:50:36 information I just gave. 12 THE COURT: All right. First of all, I thank both 13 counsel. 14 you have addressed all this, and Mr. Zick, I thank you for the 15 luck that you are available and your prompt responses to my 16 questions. 17 Ms. Konrad, I thank you for the urgency with which 15:50:51 Looking at this from the perspective of Eighth 18 Amendment prohibition of cruel and unusual punishment, I look 19 at this in terms of what can be done, if anything, to eliminate 20 or reduce pain that may be experienced. 21 degrees of risk with less than certain knowledge. 22 It's a matter of 15:51:09 Based on Mr. Zick's summary, it does appear to me that 23 there is no serious risk of pain being experienced at this 24 time. 25 to deal with degrees of uncertainty, but it does not appear Now, maybe I should qualify that, that there -- we have UNITED STATES DISTRICT COURT 15:51:37 15 1 our request was to immediately stay the execution and perform 2 lifesaving techniques. 3 would still -- Mr. Zick has said the situation has changed. 4 Without any further information, I'm not sure what more to say 5 other than we're requesting the stay of execution. 6 sure if that's possible at this time. I'm not a medical professional. I I'm not 7 THE COURT: 8 Mr. Zick, do you want to be heard briefly in response I understand. 9 to that statement? You don't have to say anything more. 10 MR. ZICK: I don't have anything other than the 11 15:50:18 15:50:36 information I just gave. 12 THE COURT: All right. First of all, I thank both 13 counsel. 14 you have addressed all this, and Mr. Zick, I thank you for the 15 luck that you are available and your prompt responses to my 16 questions. 17 Ms. Konrad, I thank you for the urgency with which 15:50:51 Looking at this from the perspective of Eighth 18 Amendment prohibition of cruel and unusual punishment, I look 19 at this in terms of what can be done, if anything, to eliminate 20 or reduce pain that may be experienced. 21 degrees of risk with less than certain knowledge. 22 It's a matter of 15:51:09 Based on Mr. Zick's summary, it does appear to me that 23 there is no serious risk of pain being experienced at this 24 time. 25 to deal with degrees of uncertainty, but it does not appear Now, maybe I should qualify that, that there -- we have UNITED STATES DISTRICT COURT 15:51:37 16 1 that with lack of physical reaction that there is pain. 2 I am also concerned that if it were possible to 3 suspend this in a better circumstance, I would be disposed to 4 do that if it did not create even more risk of pain. 5 appearing to me that that is a realistic possibility at this 6 time. 7 and I do appreciate your presentation and information you have 8 gathered that he has no physical response, is not breathing, 9 that the heart rate is dropping. And again, I want to confirm, the heart rate is 11 dropping. 12 Is that your understanding, Mr. Zick? MR. ZICK: That's my understanding. When the motion was filed, I believe his heart rate was above 20, but I can't 15 verify that. 16 20 when I called the director based on the Court's wish. All I know is that I was told his heart rate was 17 Wait. 18 THE COURT: 19 MR. ZICK: 20 confirmed Mr. Wood's death. 22 23 15:52:30 It's not stable at a low rate, but it is dropping. 14 21 15:52:02 So -- and I summarize Mr. Zick, and I'm relying on -- 10 13 It is not 15:52:49 I just -- I'm sorry, Judge. THE COURT: Go ahead. I just learned that the IV team leader has All right. 15:53:07 Let me finish my thought, because it's my responsibility. Counsel, I have addressed this with utmost urgency, 24 everything that's humanly possible to respond to Ms. Konrad's 25 motion and approach to the Court. To finish the thought, even UNITED STATES DISTRICT COURT 15:53:26 16 1 that with lack of physical reaction that there is pain. 2 I am also concerned that if it were possible to 3 suspend this in a better circumstance, I would be disposed to 4 do that if it did not create even more risk of pain. 5 appearing to me that that is a realistic possibility at this 6 time. 7 and I do appreciate your presentation and information you have 8 gathered that he has no physical response, is not breathing, 9 that the heart rate is dropping. And again, I want to confirm, the heart rate is 11 dropping. 12 Is that your understanding, Mr. Zick? MR. ZICK: That's my understanding. When the motion was filed, I believe his heart rate was above 20, but I can't 15 verify that. 16 20 when I called the director based on the Court's wish. All I know is that I was told his heart rate was 17 Wait. 18 THE COURT: 19 MR. ZICK: 20 confirmed Mr. Wood's death. 22 23 15:52:30 It's not stable at a low rate, but it is dropping. 14 21 15:52:02 So -- and I summarize Mr. Zick, and I'm relying on -- 10 13 It is not 15:52:49 I just -- I'm sorry, Judge. THE COURT: Go ahead. I just learned that the IV team leader has All right. 15:53:07 Let me finish my thought, because it's my responsibility. Counsel, I have addressed this with utmost urgency, 24 everything that's humanly possible to respond to Ms. Konrad's 25 motion and approach to the Court. To finish the thought, even UNITED STATES DISTRICT COURT 15:53:26 16 1 that with lack of physical reaction that there is pain. 2 I am also concerned that if it were possible to 3 suspend this in a better circumstance, I would be disposed to 4 do that if it did not create even more risk of pain. 5 appearing to me that that is a realistic possibility at this 6 time. 7 and I do appreciate your presentation and information you have 8 gathered that he has no physical response, is not breathing, 9 that the heart rate is dropping. And again, I want to confirm, the heart rate is 11 dropping. 12 Is that your understanding, Mr. Zick? MR. ZICK: That's my understanding. When the motion was filed, I believe his heart rate was above 20, but I can't 15 verify that. 16 20 when I called the director based on the Court's wish. All I know is that I was told his heart rate was 17 Wait. 18 THE COURT: 19 MR. ZICK: 20 confirmed Mr. Wood's death. 22 23 15:52:30 It's not stable at a low rate, but it is dropping. 14 21 15:52:02 So -- and I summarize Mr. Zick, and I'm relying on -- 10 13 It is not 15:52:49 I just -- I'm sorry, Judge. THE COURT: Go ahead. I just learned that the IV team leader has All right. 15:53:07 Let me finish my thought, because it's my responsibility. Counsel, I have addressed this with utmost urgency, 24 everything that's humanly possible to respond to Ms. Konrad's 25 motion and approach to the Court. To finish the thought, even UNITED STATES DISTRICT COURT 15:53:26 17 1 without this new confirmation, it does appear to me, and it is 2 my judgment, that there was not a serious prospect of pain and 3 that terminating the execution did not have prospect of 4 eliminating pain, and even without my medical expertise, raises 5 serious questions of whether keeping him alive could result in 6 pain. 7 However, so I take -- counsel, that is my judgment in 8 the circumstances, and of course I take responsibility for 9 that. 10 This new input that the team leader has confirmed that Mr. Wood has expired resolves the matter as well. 11 don't want -- I want to give you the opportunity to consider 13 what it is that you want to request of the Court, if anything 14 further. MS. KONRAD: Yes, Judge Wake. I would just like to 16 say for the record, at this point the finding that there was no 17 evidence of pain is premature. 18 15:54:14 Ms. Konrad, I know you are in quite a spot here, and I 12 15 15:53:53 THE COURT: 15:54:35 The reason -- I'm sorry, Ms. Konrad. I wonder, because 19 I don't want you to be misled. I am not finding that there was 20 not pain before. 21 the circumstance that we are in now. 22 having had even this extremely accelerated discussion, I am 23 addressing the situation now, and that's what I'm addressing. 24 So I do invite you to say whatever you would like about that. 25 But I did not want you to misunderstand me as suggesting that I'm not finding that at all. I'm addressing 15:54:58 With the necessity of UNITED STATES DISTRICT COURT 15:55:16 17 1 without this new confirmation, it does appear to me, and it is 2 my judgment, that there was not a serious prospect of pain and 3 that terminating the execution did not have prospect of 4 eliminating pain, and even without my medical expertise, raises 5 serious questions of whether keeping him alive could result in 6 pain. 7 However, so I take -- counsel, that is my judgment in 8 the circumstances, and of course I take responsibility for 9 that. 10 This new input that the team leader has confirmed that Mr. Wood has expired resolves the matter as well. 11 don't want -- I want to give you the opportunity to consider 13 what it is that you want to request of the Court, if anything 14 further. MS. KONRAD: Yes, Judge Wake. I would just like to 16 say for the record, at this point the finding that there was no 17 evidence of pain is premature. 18 15:54:14 Ms. Konrad, I know you are in quite a spot here, and I 12 15 15:53:53 THE COURT: 15:54:35 The reason -- I'm sorry, Ms. Konrad. I wonder, because 19 I don't want you to be misled. I am not finding that there was 20 not pain before. 21 the circumstance that we are in now. 22 having had even this extremely accelerated discussion, I am 23 addressing the situation now, and that's what I'm addressing. 24 So I do invite you to say whatever you would like about that. 25 But I did not want you to misunderstand me as suggesting that I'm not finding that at all. I'm addressing 15:54:58 With the necessity of UNITED STATES DISTRICT COURT 15:55:16 17 1 without this new confirmation, it does appear to me, and it is 2 my judgment, that there was not a serious prospect of pain and 3 that terminating the execution did not have prospect of 4 eliminating pain, and even without my medical expertise, raises 5 serious questions of whether keeping him alive could result in 6 pain. 7 However, so I take -- counsel, that is my judgment in 8 the circumstances, and of course I take responsibility for 9 that. 10 This new input that the team leader has confirmed that Mr. Wood has expired resolves the matter as well. 11 don't want -- I want to give you the opportunity to consider 13 what it is that you want to request of the Court, if anything 14 further. MS. KONRAD: Yes, Judge Wake. I would just like to 16 say for the record, at this point the finding that there was no 17 evidence of pain is premature. 18 15:54:14 Ms. Konrad, I know you are in quite a spot here, and I 12 15 15:53:53 THE COURT: 15:54:35 The reason -- I'm sorry, Ms. Konrad. I wonder, because 19 I don't want you to be misled. I am not finding that there was 20 not pain before. 21 the circumstance that we are in now. 22 having had even this extremely accelerated discussion, I am 23 addressing the situation now, and that's what I'm addressing. 24 So I do invite you to say whatever you would like about that. 25 But I did not want you to misunderstand me as suggesting that I'm not finding that at all. I'm addressing 15:54:58 With the necessity of UNITED STATES DISTRICT COURT 15:55:16 18 1 there had been a lack of pain before. 2 may come before the Court in plenary matter soon. 3 So go ahead, Ms. Konrad. 4 MS. KONRAD: That is a matter that Thank you, Judge. That was the main 5 concern that I just wanted to make sure that we wouldn't come 6 to you in this emergency posture if we hadn't had true concern 7 and thought that our client was, in fact, suffering based on 8 the witness's observations of him. 9 coming, and I know that you were at a ceremony for Judge And I really appreciate you 10 Broomfield so I just would like to thank you for taking the 11 time to hear this out even though the client eventually expired 12 while we were on the phone. 13 THE COURT: Not at all. It's my responsibility. 14 I have attempted to deal with it as rapidly as humanly 15 possible. Anything further, Mr. Zick? 17 MR. ZICK: 18 THE COURT: All right. Well, I'm going to have the court reporter type up this transcript and file it so it's 20 publicly available. And just let me pause for a moment. 15:56:18 Mr. Zick, there are no other warrants of execution out for any of the other plaintiffs, correct? 23 MR. ZICK: 24 THE COURT: 25 And No, Your Honor. 19 22 15:55:53 15:56:07 16 21 15:55:31 Correct, Judge. All right. So there will -- there will be time to deal with whatever consequence these events have for UNITED STATES DISTRICT COURT 15:56:45 18 1 there had been a lack of pain before. 2 may come before the Court in plenary matter soon. 3 So go ahead, Ms. Konrad. 4 MS. KONRAD: That is a matter that Thank you, Judge. That was the main 5 concern that I just wanted to make sure that we wouldn't come 6 to you in this emergency posture if we hadn't had true concern 7 and thought that our client was, in fact, suffering based on 8 the witness's observations of him. 9 coming, and I know that you were at a ceremony for Judge And I really appreciate you 10 Broomfield so I just would like to thank you for taking the 11 time to hear this out even though the client eventually expired 12 while we were on the phone. 13 THE COURT: Not at all. It's my responsibility. 14 I have attempted to deal with it as rapidly as humanly 15 possible. Anything further, Mr. Zick? 17 MR. ZICK: 18 THE COURT: All right. Well, I'm going to have the court reporter type up this transcript and file it so it's 20 publicly available. And just let me pause for a moment. 15:56:18 Mr. Zick, there are no other warrants of execution out for any of the other plaintiffs, correct? 23 MR. ZICK: 24 THE COURT: 25 And No, Your Honor. 19 22 15:55:53 15:56:07 16 21 15:55:31 Correct, Judge. All right. So there will -- there will be time to deal with whatever consequence these events have for UNITED STATES DISTRICT COURT 15:56:45 18 1 there had been a lack of pain before. 2 may come before the Court in plenary matter soon. 3 So go ahead, Ms. Konrad. 4 MS. KONRAD: That is a matter that Thank you, Judge. That was the main 5 concern that I just wanted to make sure that we wouldn't come 6 to you in this emergency posture if we hadn't had true concern 7 and thought that our client was, in fact, suffering based on 8 the witness's observations of him. 9 coming, and I know that you were at a ceremony for Judge And I really appreciate you 10 Broomfield so I just would like to thank you for taking the 11 time to hear this out even though the client eventually expired 12 while we were on the phone. 13 THE COURT: Not at all. It's my responsibility. 14 I have attempted to deal with it as rapidly as humanly 15 possible. Anything further, Mr. Zick? 17 MR. ZICK: 18 THE COURT: All right. Well, I'm going to have the court reporter type up this transcript and file it so it's 20 publicly available. And just let me pause for a moment. 15:56:18 Mr. Zick, there are no other warrants of execution out for any of the other plaintiffs, correct? 23 MR. ZICK: 24 THE COURT: 25 And No, Your Honor. 19 22 15:55:53 15:56:07 16 21 15:55:31 Correct, Judge. All right. So there will -- there will be time to deal with whatever consequence these events have for UNITED STATES DISTRICT COURT 15:56:45 19 1 other plaintiffs. 2 So with that, again, I thank both counsel for your 3 diligence and the utmost urgency with which we addressed this 4 matter. 5 Okay. With respect to the motion that Ms. Konrad has 6 filed, that's the Motion For Emergency Stay of Execution, 7 Document Number 26, it is ordered that the motion is denied as 8 moot for the reasons stated on the record. 9 10 15:57:01 With that, I thank you all, and we will be adjourned. (Proceeding concluded at 3:57 p.m.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT 15:57:20 19 1 other plaintiffs. 2 So with that, again, I thank both counsel for your 3 diligence and the utmost urgency with which we addressed this 4 matter. 5 Okay. With respect to the motion that Ms. Konrad has 6 filed, that's the Motion For Emergency Stay of Execution, 7 Document Number 26, it is ordered that the motion is denied as 8 moot for the reasons stated on the record. 9 10 15:57:01 With that, I thank you all, and we will be adjourned. (Proceeding concluded at 3:57 p.m.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT 15:57:20 19 1 other plaintiffs. 2 So with that, again, I thank both counsel for your 3 diligence and the utmost urgency with which we addressed this 4 matter. 5 Okay. With respect to the motion that Ms. Konrad has 6 filed, that's the Motion For Emergency Stay of Execution, 7 Document Number 26, it is ordered that the motion is denied as 8 moot for the reasons stated on the record. 9 10 15:57:01 With that, I thank you all, and we will be adjourned. (Proceeding concluded at 3:57 p.m.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT 15:57:20 20 1 2 3 4 5 6 C E R T I F I C A T E 7 8 I, LAURIE A. ADAMS, do hereby certify that I am duly 9 appointed and qualified to act as Official Court Reporter for 10 the United States District Court for the District of Arizona. 11 I FURTHER CERTIFY that the foregoing pages constitute 12 a full, true, and accurate transcript of all of that portion of 13 the proceedings contained herein, had in the above-entitled 14 cause on the date specified therein, and that said transcript 15 was prepared under my direction and control. 16 17 DATED at Phoenix, Arizona, this 23rd day of July, 2014. 18 19 20 s/Laurie A. Adams _______________________________ Laurie A. Adams, RMR, CRR 21 22 23 24 25 UNITED STATES DISTRICT COURT 20 1 2 3 4 5 6 C E R T I F I C A T E 7 8 I, LAURIE A. ADAMS, do hereby certify that I am duly 9 appointed and qualified to act as Official Court Reporter for 10 the United States District Court for the District of Arizona. 11 I FURTHER CERTIFY that the foregoing pages constitute 12 a full, true, and accurate transcript of all of that portion of 13 the proceedings contained herein, had in the above-entitled 14 cause on the date specified therein, and that said transcript 15 was prepared under my direction and control. 16 17 DATED at Phoenix, Arizona, this 23rd day of July, 2014. 18 19 20 s/Laurie A. Adams _______________________________ Laurie A. Adams, RMR, CRR 21 22 23 24 25 UNITED STATES DISTRICT COURT 20 1 2 3 4 5 6 C E R T I F I C A T E 7 8 I, LAURIE A. ADAMS, do hereby certify that I am duly 9 appointed and qualified to act as Official Court Reporter for 10 the United States District Court for the District of Arizona. 11 I FURTHER CERTIFY that the foregoing pages constitute 12 a full, true, and accurate transcript of all of that portion of 13 the proceedings contained herein, had in the above-entitled 14 cause on the date specified therein, and that said transcript 15 was prepared under my direction and control. 16 17 DATED at Phoenix, Arizona, this 23rd day of July, 2014. 18 19 20 s/Laurie A. Adams _______________________________ Laurie A. Adams, RMR, CRR 21 22 23 24 25 UNITED STATES DISTRICT COURT