The Tennessee Supreme Court on Aug. 6 denied the request of death row inmate Anthony Darrell Hines for an order directing the Tennessee Department of Correction to confirm whether it plans to use physician Mark Fowler for Hines' scheduled execution on Aug. 13 in Nashville.
Fowler was the presiding physician during the attempted execution of Tony Carruthers on May 21. That day, Carruthers was on the gurney in the death chamber at Riverbend Maximum Security Institution, and executioners were unable to establish the IV lines required by Tennessee's lethal injection protocol. TDOC representatives said Fowler attempted to establish a central line, but was unsuccessful.
Gov. Bill Lee granted Carruthers a one-year reprieve. He remains on death row.
Fowler's
identity was revealed in court documents following the 2025 execution of Byron Black, although Tennessee law allows for the concealment of the identities of anyone directly involved in an execution.
Hines' attorneys asked the court to either direct TDOC to appoint a different physician or delay the execution until his 2025 lawsuit challenging the constitutionality of the state's execution protocol can be reviewed further. The court declined both requests.
Hines' attorneys argue he could be subject to pain and suffering, especially given his medical condition, if the Aug. 13 procedure mirrors the botched May 21 one. Hines had two strokes, in December and January, and is partially paralyzed with limited use of the left side of his body. He lives in the prison's infirmary.
“The Tennessee Supreme Court’s refusal to order TDOC to say whether it plans to keep using Dr. Fowler defies common sense," Hines' attorney Kit Thomas said in a statement.
"We saw in May how grotesquely things can go wrong when an execution physician is not capable of performing the steps required by Tennessee’s protocol, and Mr. Hines has a right to know whether TDOC plans to ignore those problems, violating its own protocol and creating a grave risk of another botch," the statement said. "We join lawmakers and faith leaders in calling on Gov. Lee to pause Mr. Hines’ execution until TDOC can address these persistent problems.”
In recent comments addressing the issue, Lee said a pause is not necessary.
“It’s my responsibility to make sure that (the death penalty) is carried out justly and legally," Lee said. "It’s one of the most difficult things to do, but I am committed to making sure that it is done in the way that it should be.”
Molly Davis covers growth and development in Nashville and assists with special projects. You can email her with comments, questions and tips at mmdavis@tennessean.com.
This article originally appeared on Nashville Tennessean: TN Supreme Court denies request for pause in Aug. 13 execution
