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Of those cases, only one inmate was thiopental and pancuronium bromide cratic governor cited problems and laws

executed — David Dawson, the triple as the drugs that end an inmate’s life. So- with the capital punishment system.
murderer who asked to die, which ren- dium thiopental complies with the state Montana State Sen. Matthew Rosen-
dered as moot any attempts by anti- statute mandating that an ultra-fast- dale, R-Glendive, is part of a bipartisan
death penalty groups to interfere.
acting barbiturate be used. However, the group of state legislators that introduced
The Dawson execution took place drug is no longer available in the Untied a bill to replace the state’s death penalty
against a backdrop of debates in courts States, and its importation is illegal be- with a sentence of life without parole.
Ronald Allen Smith has been around the country about the constitu- cause it is not approved by the Food and The coalition of conservative lawmak-
on death row for more than tionality of lethal injection. Some states Drug Administration.
ers, including Rosendale, partnered

three decades, appealing his have put executions on hold until courts The state’s revised protocol indi- with religious and human rights groups
punishment at every turn.
can decide whether lethal injection, de- cates it will use pentobarbital as a sub- in supporting the repeal of capital pun-
signed as a humane alternative to meth- stitute barbiturate, despite the fact that ishment. The group is called Conserva-
ods like hanging and electrocution, pos- pentobarbital is an intermediate-acting tives Concerned About the Death Pen-
es too great a risk of a cruel death.
barbiturate, which isn’t allowed under alty.
AUG. 4, 1982: Harvey Mad Man, 23, the MAPA lethal injection protocol.
Rosendale, who is running for Mon-
and Thomas Running Rabbit, 20, IN MONTANA, RONALD SMITH “I don’t believe that there is anoth- tana’s open U.S. House of Representa-
marched into the forest and shot in
the head near East Glacier
and another inmate are currently the er drug readily available on the market tives seat, said his stance on the death
only two individuals awaiting execu- that satisies the term ‘ultra-fast act- penalty has not and will not cost him
tion, and both have challenged the con- ing’,” Waterman said. “The bind that I conservative votes.
MARCH 1983: Ronald Allen Smith, stitutionality of the state’s lethal injec- think the Department of Corrections “People know where I stand on the
26, a Canadian citizen, is convicted tion protocol. Smith, who declined to is in is that the language adopted in the death penalty and I still got elected by a
and sentenced to death
be interviewed for this article, also has statute is too narrow. It was designed to wide margin,” he said of his senate bid.
a pending request for clemency before essentially facilitate the use of sodium “If you stand up and say, ‘I’m against the
Gov. Steve Bullock.
thiopental, and now that sodium thio- death penalty,’ you will not lose conser-
Canadian oicials request
1997: A Canadian citizen, Smith was con- pental is no longer available they are out vative votes.”
clemency for Smith
victed in 1983 for shooting Harvey Mad- of options.”
B
man Jr. and Thomas Running Rabbit The new two-drug protocol makes UT RATIONALIZING THE DEATH
while high on drugs and alcohol near Montana one of the only states in the penalty’s gradual exile from Ameri-
2007: The Canadian government East Glacier.
country to implement an untested ca’s criminal justice system ofers little
says it will no longer seek clemency He had been taking 30 to 40 hits of method of execution, which Waterman comfort to the Hurlbert family. Butch
— a decision later overturned by a LSD and consuming between 12 and 18 says creates an unacceptable risk that and Jennifer remain bitter about the
Canadian Court
beers a day at the time of the murders. the prisoner may be conscious while his legal maneuvering that led to Miller’s
He refused a plea deal that would have body is paralyzed by the second drug, re- prison sentence, and their lack of input
2008: American Civil Liberties seen him avoid death row and spend the sulting in sufocation. The other state to in seeing that Miller receive the death
Union launches its challenge against rest of his life in prison. Three weeks use a two-drug protocol is Ohio.
penalty they expected.
Montana’s lethal injection protocol
later, he pleaded guilty. He asked for and In January, an inmate at the South- Corrigan is not insensitive to the
was given a death sentence.
ern Ohio Correctional Facility took family’s grievance, and said he arrived
Smith later had a change of heart and more than 20 minutes to die by lethal at the decision with a great degree of dif-
NOVEMBER 2010: An injunction de- hashadanumberofexecutiondatesset injection, with headline-grabbing ac- iculty.
lays Smith’s date for execution being
set until an ACLU legal challenge is and overturned.
counts of him struggling and gasping in “It was not an easy decision. I have
Smith and the second inmate on the inal minutes, renewing the debate had to make some very diicult deci-
heard. Judge John Larson overrules, death row, William Jay Gollehon, who over lethal injection methods.
sions over the course of my career and
setting Smith’s execution for Jan. 31, received a death sentence for his role in N
the victims’ families are not always hap-
2011
the murder of ive other inmates dur- py. That’s hard to swallow. But you have OT EVERYONE AGREES THAT
ing a 1991 prison riot, also iled a lawsuit the death penalty is on the brink of
to do what the law requires and what you
claiming that the state’s method of ex- think is right,” he said.
extinction, and some states believe re-
DEC. 14, 2010: State Supreme Court ecution is unconstitutional.
Both Butch and Jennifer Hurlbert form is the answer.
grants Smith indeinite reprieve,
pending outcome of the civil case. Both men have exhausted all other support capital punishment in cases like California voters in 2012 defeated
Ruling expected in September 2012
appeals, and the state Department of Miller’s, in which there is no doubt of his a ballot measure that would have abol-
Corrections recently modiied its meth- guilt, zero chance that he was wrongful- ished the death penalty and replaced it
od of lethal injection in response to the ly convicted. Still, both of them pragma- with life in prison without parole. Cali-
JAN. 18, 2012: Lawyers for Smith legal challenge by Smith and Gollehon.
tists, they won’t be surprised if the death fornia has not executed any of its more
oicially request clemency on his In 2008, Waterman, the ACLU at- penalty is repealed in the near future.
than 740 condemned inmates since
behalf, the inal legal option for the torney, iled a lawsuit on behalf of Smith “After such a traumatic loss the only 2006.

Canadian
and Gollehon, arguing the protocol for hope you have is for justice,” Jennifer Just this past month, three former
lethal injections used in state execu- Hurlbert said. “The prosecution told California governors, George Deukme-
tions constitutes cruel and unusual pun- us that this crime met every criteria jian, Pete Wilson and Gray Davis, threw
MAY 2, 2012: The victims’ families, ishment and violates the constitutional for capital punishment, a sentence we their political weight behind still anoth-
Smith’s family and Smith himself of- right to human dignity under the Eighth wanted and pushed for, a sentence the er opportunity for California voters to
fer testimony at clemency hearing
Amendment.
state would seek. We quickly learned decide the fate of the death penalty.
Montana District Court Judge Jef- that would not be the case, that the death The proposed referendum would
frey Sherlock agreed in September 2012. penalty is merely a bargaining chip used streamline the state court appeals pro-
MAY 21, 2012: Written report of
parole board decision is released, He pointed to a lack of training for pris- by the prosecution to make deals with cess, overhaul the way death row in-
which states it will not recommend on oicials who administer the drugs, a defense attorneys.”
mates’ lawyers are appointed, change
clemency for Smith — Smith’s fate is discrepancy over whether two or three Butch, who attended every court the method by which lethal injection
now in the hands of retiring Montana drugs should be used, and ruled that hearing and endured taunting stares procedures are approved and attach
Gov. Brian Schweitzer
the type of drugs available do not com- and smirks from Miller, as well as crude some limitation on federal appeals.
ply with Montana statute. He also ques- letters while the murderer was in the There are 32 states with the death
tioned the method used to determine if Flathead County jail, missives that only penalty on the books, and states like
Five members of
JULY 13, 2012: an inmate is actually unconscious be- ended after he obtained a restraining or- Texas, Ohio and Oklahoma have not
Smith’s family — his father, sister, fore receiving an injection.
der, does not mince words when explain- backed away from carrying it out.
daughter and two grandchildren — The state’s new two-drug lethal in- ing why he believes his daughter’s and But there is also plenty of opposition
meet with Gov. Brian Schweitzer to jection protocol, written solely by DOC granddaughter’s killer should die.
to the death penalty, from Republicans
plead for clemency
staf, is not in accordance with the public “He’s a cruel, black-hearted man who and Democrats alike.
participation procedures outlined in the doesn’t deserve to live,” Butch said. “Do Last month, Washington Gov. Jay
Montana Administrative Procedures I have hard feelings? Yeah, I’ve got lots of Inslee announced that no executions
SEPT. 6, 2012: Montana judge de- Act (MAPA), Waterman said.
hard feelings.”
would take place in the state while he re-
clares method of legal injection to be
unconstitutional
The revised DOC protocol, prompt- [email protected]
mained in oice, despite the fact that the
ed by Sherlock’s ruling, uses sodium
death penalty is legal there. The Demo-