A motion for relief filed halfway through an execution. Why have you never heard of such things? It’s probably because most executions don’t last two hours – lethal injections typically take about 10 minutes.

More interesting than the motion itself was the awkward conference call where the judge heard both sides and seemed close to intervening before convicted murderer Joseph Rudolph Wood was pronounced dead in Arizona. As the call ended, the judge noted that this only delays the issue, and that this would have consequences for other plaintiffs.

Indeed. And though the legal arguments here were rejected by the U.S. Supreme Court, one wonders how long it’ll be before the issue finally (and perhaps inevitably) climbs its way back onto the docket.

“He has been gasping, snorting, and unable to breathe and not dying,” lawyer Robin C. Konrad told U.S. District Judge Neil V. Wake over the phone during last Wednesday’s execution, according to a transcript posted online by the National Journal. “And we’re asking – our motion asks for you to issue an emergency stay and order the Department of Corrections to start lifesaving techniques.”

After an attorney for the state was added to the call, the parties debated whether Wood could feel pain.

“I am told that Mr. Wood is effectively brain dead and that this is the type of reaction that one gets if they were taken off of life support. The brain stem is working but there’s no brain activity,” attorney Jeffrey A. Zick said.

The judge responded: “Do you have the leads connected to determine his brain state?”

Zick said he didn’t think so.

“Well if there are not monitors connected with him, if it’s just a visual observation, that is very concerning as not being adequate,” the judge said.

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