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Edmund Zagorski is expected to be executed on Nov. 1
Nashville Tennessean
Lawyers have launched a wave of last-minute challenges to Edmund Zagorski’s execution Thursday night, but the state moved forward with its plans to kill him using the electric chair.
Zagorski, 63, remains on death watch, the period of special security for inmates who are within three days of execution. On Wednesday, he selected his last meal: pickled pig knuckles and pig tails.
The crime
Zagorski, who has been on death row for 34 years, was convicted of murdering John Dale Dotson and Jimmy Porter in April 1983. He shot them, slit their throats and stole their money and a truck. The two men had expected to buy 100 pounds of marijuana from Zagorski.
Legal maneuvers
Zagorski’s attorneys have asked the U.S. Supreme Court to delay the execution so separate issues can be considered.
Zagorski’s attempts for a delay were successful earlier this month, when Gov. Bill Haslam temporarily postponed Zagorski’s Oct. 11 execution date so that prison staff could prepare the electric chair.
Tennessee’s electric chair protocol: How the state plans to kill Edmund Zagorski
But the odds seem longer this time — the Supreme Court already declined to intervene in the case earlier this month.
The challenge filed Wednesday with the Supreme Court focuses on potential errors made when Zagorski was tried for killing two men in Robertson County.
A separate challenge with the 6th Circuit also focused on his attorneys’ objections to the electric chair, the method Zagorski chose for his execution. It was denied Wednesday night.
Zagorski’s attorneys said Wednesday they would also appeal the electric chair challenge to the high court.
A provocative choice: Edmund Zagorski has chosen the electric chair over lethal injection. Will other inmates do the same?
U.S. District Judge Aleta Trauger dismissed those arguments earlier this week. The Tennessee attorney general’s office said the appeals court should do the same, since Zagorski had selected the method himself.
His attorneys argued he had been forced to choose between two torturous execution methods: lethal injection and electrocution. Their contention was that neither should be used.
Trauger did say that the state must provide Zagorski’s attorney Kelley Henry with a telephone before and during the execution. Henry said she needed a phone to contact a judge if something went wrong.
Telephone ruling: Tennessee can’t execute Edmund Zagorski unless his lawyer gets access to a phone
The state has yet to say if it will honor Trauger’s ruling, but they have not appealed it. Late Wednesday, Trauger ordered the state to explain how it would follow her instructions.
What will happen Thursday night
Here is the process Zagorski will go through if his execution moves forward Thursday, according to the state’s protocol for electrocution.
- At 7 p.m., prison staff will take Zagorski out of his cell next to the execution chamber. He will be led to the electric chair.
- Staff will strap Zagorski into the chair with an “electric chair harness and wrist straps.” Four sponges soaked in salt water will be strapped around his ankles to increase conductivity.
- At 7:10 p.m., blinds to the witness rooms will open and the warden will ask Zagorski for last words.
- After that, prison staff will place another sponge soaked in salt water on Zagorski’s head. Staff will then place the electric chair “head piece” on Zagorski’s head. They will also place a shroud around his face.
- More salt brine will be poured over the ankle sponges.
- The warden will give the signal to proceed, and the executioner will activate the electric chair.
- The electric chair will release 1,750 volts of electricity for 20 seconds, will stop for 15 seconds and then will release 1,750 volts for another 15 seconds.
- After the first wave of two jolts, officials will wait five minutes and then close the blinds into the witness room.
- A doctor will check Zagorski for signs of life. If there are none, the doctor will pronounce him dead.
- If Zagorski is still alive, the blinds will be raised, another round of electricity will be administered and the doctor will be called in again.
When was the last execution?
Death row inmate Billy Ray Irick died by lethal injection at Riverbend Maximum Security Institution on Thursday, Aug. 9.
Who is the next inmate scheduled to die?
David Earl Miller is scheduled to die Dec 11. Miller, of Knox County, was convicted of the 1981 murder of a mentally disabled young woman.
Reach Adam Tamburin at 615-726-5986 and [email protected]. Follow him on Twitter @tamburintweets.
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