Dr. Mark Fowler, the physician involved with May's unsuccessful execution attempt of inmate Tony Carruthers, was involved in the Aug. 13 execution of Anthony Darrell Hines, Fowler told NBC.
Fowler told NBC that he participated by declaring the time of death, but did not provide other details.
Hines' lawyers unsuccessfully fought in court to learn whether Fowler would be involved this week following the aborted attempt involving Carruthers.
Hines, 66, was sentenced to death for the 1985 murder of housekeeper Catherine Jean Jenkins at the Cebon Motel in Kingston Springs.
In the weeks prior to Hines' execution, his lawyers raised health concerns after strokes he suffered in recent months, and they challenged the Tennessee Department of Correction's
refusal to say whether Fowler would be involved. They asked the courts to order TDOC to disclose the information, but the State Supreme Court sided with the department.
Fowler was unsuccessful in setting a central IV line in Carruthers during his attempted May execution, causing extreme pain, the inmate's attorneys said. In court filings, Fowler said he had not performed a central line procedure since 2013when he last worked in a hospital emergency room.
Gov. Bill Lee granted Carruthers a one-year reprieve. He declined to intervene in Hines' execution and the U.S. Supreme Court declined to review the case.
“TDOC avoided judicial review of its policies by asserting a supposed need for secrecy regarding Dr. Fowler’s participation," Hines' attorney Kit Thomas said in a statement Aug. 14. "Now, with Mr. Hines’ opportunity for a day in court passed, Dr. Fowler is speaking freely with the press about his involvement. Dr. Fowler’s actions prove what we have always known to be true: TDOC’s execution secrecy policies have no purpose but to insulate the agency from public accountability.”
Tennessee law allows for some secrecy surrounding executions, including the identities of any person involved in the execution process. That law was the basis for TDOC's refusal to identify Fowler to Hines and his attorneys. But Fowler's identity has already been inadvertently revealed in the past, and he confirmed his involvement in both Carruthers' attempted execution and Hines' execution to members of the media.
After the attempted May execution, The Tennessean called Fowler and asked if he was the doctor who tried to establish the central IV line. He did not confirm that he participated or answer any questions about it and told The Tennessean to contact the prison warden for more information.
Fowler gave an interview to NBC News in June. On Aug. 13 he told NBC that he declared the time of death, but did not say whether he helped set the IV lines.
The Tennessean called Fowler on Aug. 14. He declined to comment.
TDOC's media policies prohibit interviews with any staff involved in the execution plan prior to or after the execution. Only the department's communications director is allowed to answer questions about the execution, according to the guidelines provided by the department.
The Tennessean has asked TDOC's director of communications why Fowler spoke to NBC. The department has not responded.
Evan Mealins contributed reporting to this article.
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: Doctor involved in unsuccessful execution in May present during this week's execution: Report
