Jeremy Fogel
PER
Jeremy Fogel Fogel
Judge, Jeremy Fogel, required that the state use only barbiturates, rather than the ordinary three-drug potion, to assure that the condemned man would not suffer undue pain. To make certain, Judge Fogel also demanded that a medical professional supervise the injection of the drug dose. What led Judge Fogel to order a change in the procedure was evidence from witnesses and autopsies that the first drug, sodium thiopental, might not have been given properly or in a sufficient dose in some cases, leaving the inmate awake when the other drugs were administered and causing great pain. Judge Fogel said in a ruling that earlier decisions he issued in the case had been misinterpreted by the news media as raising questions about the constitutionality of lethal injection or the death penalty itself.