Burl Cain Declaration
Burl Cain Declaration
EXHIBIT 1
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EXHIBIT A
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STATE OF MISSISSIPPI
Evidence Management
Mississippi Bureau of Narcotics
P.O. Box 720519
Byram, Mississippi 39272
Dear
Pursuant to Section 41-29-154, Mississippi Code of 1972, this is the written authorization to
destroy the evidence described in the request.
You are directed to make arrangements for two Bureau Agents to complete the destruction and
return the Affidavit (Enclosure 2) to the Evidence Management Unit once the evidence has been
destroyed.
i • ope
Lt. Colonel/Director
EXHIBIT B
Enclosures (2)
Confidential
REVISED
EXHIBIT C
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TABLE OF CONTENTS
Introduction …………………………………………………………………………………… 3
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INTRODUCTION
It is the policy of the Mississippi Department of Corrections to assist the State Executioner in
fulfilling his or her legal obligation of executing any condemned felon who is housed at the
Mississippi State Penitentiary and who has been sentenced to die. The punishment of death will
be inflicted upon a convicted felon in a manner prescribed by law.
The Superintendent of the Mississippi State Penitentiary, after receiving official notice of any
impending execution, will set the execution procedures into motion.
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1. The Superintendent will meet with selected staff members as soon as possible after
becoming aware of an immediate impending execution date to prepare security.
2. The lethal injection system will be thoroughly checked at least two weeks prior to a
scheduled execution to ensure that all parts are in working order. Staff assigned to the
execution chamber will review all steps in carrying out the actual execution.
3. One week prior to a scheduled execution, all assigned personnel will participate in an actual
test of the lethal injection system to ensure against leaks, chemical or mechanical failure
and other potential problems.
4. No later than two (2) days prior to the scheduled execution, the Superintendent or his
designee will supervise a final test of the system to ensure that all is in order and that all
assigned staff are thoroughly knowledgeable of their duties.
5. The Superintendent will ensure that the telephone lines located near the execution chamber
are free and clear for the eventuality of a last minute stay of execution.
6. All staff and witnesses involved in the actual execution or assigned to the execution
chamber shall be issued a special pass. No individual shall be allowed in the area without
the required pass. Details of the pass system shall not be released until the system is
implemented on the date of the scheduled execution. The passes and issue log shall be
maintained and secured in the Emergency Operations Center by the Emergency Response
Team Commander.
7. The Emergency Operations Center will be activated at 0800 hours on the date of execution.
8. Twenty-four (24) hours prior to the time of the scheduled execution, the Superintendent
shall declare an Institutional Emergency at the Penitentiary. The institution will remain on
lock down status for as long as deemed necessary.
9. The Emergency Operations Center Coordinator shall ensure that the staff member assigned
as Incident Recorder maintains a log of chronological events until a stay is issued or the
execution is completed.
10. The day before the scheduled execution, the Emergency Operations Center Coordinator
shall ensure that accommodations have been made at the Visitation Center parking lot for
delegations. One area shall be set aside for the delegation representing pro-capital
punishment and one area for anti-capital punishment. Entry to these areas shall be allowed
between 1600 – 1700 hours. Anyone leaving the grounds prior to the execution will not be
permitted to return. The delegations shall be required to leave the grounds at 1900 hours.
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INJECTION PREPARATION
CONTENTS OF SYRINGES
LABELED/MARKED QUANTITY
#1 Sodium Pentothal, 2.0 Gm. (four 1 Syringe
500 mgm vials dissolved in the
least amount of diluent possible to
attain complete, clear suspension)
Or
Or
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Or
The inventory shall be conducted not less than twenty-four (24) hours and not more than ninety-
six (96) hours, of the scheduled execution.
An inventory checklist shall be completed, dated and initialed by the injection team.
Expiration and/or sterilization dates of all applicable items shall be checked on an individual item.
Sterilized packs bearing a sterilization date in excess of thirty (30) days shall be replaced
or resterilized immediately.
On the evening of the execution, members of the injection team shall enter the injection room at
least one (1) hour prior to the scheduled time of the execution. They shall immediately re-inventory
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the supplies and equipment to insure that all is in readiness and if applicable, obtain replacement
items for the Medical Facility.
OBTAINING DRUGS
During the afternoon preceding an execution by lethal injection, a member of the injection team
shall proceed to the Drug Room of the Medical Facility to obtain the necessary agents (drugs) for
the procedure.
When the drugs have been issued, and quantities verified, they should be placed in the Lethal
Injection Drug Box.
A member of the injection team shall maintain personal, physical custody of the drug box until
such time as it is opened for use or for return if not used.
IV SET-UP PROCEDURE
The connecting needle of Administration Set (Baxter #2C5501 – or equivalent) shall be inserted
into the outlet of the bag of Normal Saline IV solution.
The on-off clamp located between the “Y” injection and the needle adapter shall be removed and
discarded. The flow of solution shall be controlled by the Flo-Trol clamp located about the “y”
site. The lip of the neoprene diaphram on the “Y” injection site shall be rolled back so that it can
easily be removed for insertion of syringe tips instead of a needle.
A sixty-one (61) inch Extension Set (Abbot Rx 15099 – or equivalent) shall be connected to the
needle adapter of the Administration Set. Note: For the set-up for administration into the distal
arm, a second Extension Set shall be required due to the additional distance.
An Angiocath (no smaller than 18 Ga. X2”) shall be connected to the needle adapter of the
Extension Set. Optimal injection flow may be achieved with a 14 Ga. Or 16 Ga. Angiocath, if the
veins will permit the use of the larger size. Angiocath will be secured with one (1) inch surgical
tape.
The tubing shall be cleared of air and the Angiocath recovered. The set-up is ready for use.
The syringes containing the drugs shall be prepared and loaded in the following order:
➢ Two 50-cc syringes, each containing 10-15 cc of sterile Normal Saline. Label
Syringes “NS”.
➢ Three 50-cc syringes, each containing 50 milequiv of Potassium Chloride in 50 cc.
Label syringes “3”.
➢ Three 50-cc syringes, each containing 50 mg of Pavulon in 50 cc. Label syringes
“2” or In the event of unavailability of a sufficient quantity of pavulon from
available sources, a sufficient quantity of vecuronium bromide or rocuronium
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INJECTION PROCEDURE
The Angiocath shall be inserted into the vein of the left arm and secured in place. The flow of
Normal Saline shall be started and administered at a slow rate of flow.
Step 1 shall be repeated for the right arm. This line shall be held in reserve as a contingency line
in case of a malfunction or blockage in the first line.
In the event access cannot be obtained in either the primary or backup locations, the IV team may
utilize other medically accepted sites for IV access. Should the IV team be unable to obtain access
to the other sites, the IV team shall communicate this information to the Commissioner and/or
Superintendent who shall determine whether to start the procedure over at a later time or stop.
Note: At this point, the administration sets shall be running at a slow rate of flow, and ready
for the insertion of syringes containing the injection agents. Observation of both set-ups to
insure that the rate of flow is uninterrupted shall be maintained. NO FURTHER ACTION
shall be taken until the prearranged signal to start the injection of lethal agents is given by
the Superintendent.
Proposed Consciousness Check
When four (4) minutes have elapsed following the administration of the first drug in the protocol,
the IV Team leader, dressed in a manner to preserve their anonymity, shall enter into the room
where the inmate is located to determine, pursuant to necessary and medically appropriate and
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approved methods, whether the inmate is unconscious. The IV Team leader shall also confirm
that the IV line remains affixed and is functioning properly.
If, at that time, the inmate remains conscious, the IV Team leader shall communicate this
information to the Commissioner, who shall determine whether to start the procedure over or stop.
The Commissioner or Superintendent may order the curtains to the witness viewing room be
closed, and if necessary, for the witnesses to be removed from the facility until the execution
procedure resumes.
Throughout the entire procedure, the IV Team members, and other Execution Team members shall
continually monitor the inmate using all available means to ensure that the inmate remains
unconscious and that there are no complications.
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1. The condemned inmate shall be transferred to the holding cell adjacent to the execution
room in Unit 17 seventy-two (72) hours prior to the scheduled execution date.
2. A duty post shall be established directly in front of the holding cell. This post shall be
manned by a Correctional Officer IV or higher ranking security staff twenty-four (24) hours
a day. The officer assigned will maintain visual contact with the inmate. The inmate will
never be left alone.
5. The Superintendent, upon being officially notified of the impending execution, will notify
the inmate of the execution date and time in person. The Superintendent will ascertain
wishes (within reason) for the last meal. The condemned inmate is required to be in
compliance with MDOC grooming standards. Staff shall verify compliance at the time the
Superintendent notifies the inmate of the impending execution. Applicable MDOC policies
and procedures shall be followed for an inmate in non-compliance with grooming
standards.
6. A Mississippi Department of Corrections’ chaplain shall confer with the inmate prior to
the scheduled execution and visit the inmate as often as necessary or as requested.
7. The day prior to the scheduled execution, the approved attorneys shall be allowed to have
a non-contact visit with the condemned inmate between 0900 – 1500 hours. The only visits
that will be allowed at Unit 17 on the day of the scheduled execution are the approved
attorneys, spiritual advisors, and family. These visits will occur between 1300 – 1600 hours
and will be non-contact. Consistent with SOP 31-03-01, Inmate Visitation, security staff
will utilize a metal detector and pat search the visitors prior to entering the unit. Prohibited
items are:
• Wallets
• Purses
• Handbags
• Change purses
• Electronic devices
Security staff will not hold non-allowable items for visitors.
8. Any escorts outside the cell shall require three (3) trained correctional officers, one officer
on each side of and one officer directly behind the fully restrained inmate. The inmate may
receive visits prior to his transfer to Unit 17 in accordance with Mississippi Department of
Corrections Standard Operating Procedure 31-03-01. No changes will be made to the
inmate’s visitation list.
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9. A telephone shall be provided outside the inmate’s cell for the purpose of placing calls
during normal business hours. The calls will not be collect calls. The telephone shall remain
operable until a stay of execution is received or until the inmate has been transferred to the
execution chamber.
10. Between 1600 – 1630 hours, the inmate shall be served his last meal, allowed to shower
and dress in clean clothes. At this point, the inmate will have any chest hair shaved.
11. The Superintendent or designee shall be responsible for carrying out the condemned
inmate’s wishes regarding his last meal. The ILAP shall advise the Superintendent of the
inmate’s wishes concerning witnesses he is permitted to have present at the execution, in
accordance with statute and MSP Policy.
12. The approved spiritual advisors shall be allowed a non-contact visit with the condemned
inmate beginning at 1630 hours and ending at 1700 hours.
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PERSONNEL ASSIGNMENTS
6. Demonstration Area LEO [CID Investigators & P&P Agents – Four (4)]
Required
It is the responsibility of the Demonstration Area LEOs to monitor the activity of
demonstrators and to ensure that demonstrators for capital punishment and those
who are against capital punishment are placed in separate groups. All of the
Demonstration Area LEOs shall be armed. Demonstration Area LEOs will report
to the E.O.C. Coordinator.
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persons enter. The officer shall also issue the passes to the State witnesses prior to
their departure to Unit 17.
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one at the Welcome Center, one at Gate I, one at parking lot, and one at the
Transportation Office. Transportation Officers will report to the E.O.C.
Coordinator.
24. Maintenance Personnel (Outer Perimeter – Unit 17) – Two (2) Required
Maintenance Personnel assigned to the line truck shall be stationed in an area
adjacent to the Unit 17 Entry Road. They will be on stand-by in case of loss of
power or other emergencies that may require use of the line truck. They will remain
on site until relieved by the E.O.C. Coordinator and will report to the same.
29. Medical – Unit 17 – One (1) Medical Staff Member and One (1) Correctional
Officer Required
One medical staff member will be stationed at the Unit 17 Clinic. Also, an
ambulance with one (1) Correctional Officer will be stationed in the parking lot of
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Unit 17. Medical staff shall respond to any medical emergency that may arise. They
shall report to the Internal Security Coordinator.
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The Commissioner of Corrections may permit the condemned to designate two (2) witnesses, if
requested.
1. Witnesses requested by the condemned inmate shall report to the Spiritual Life Center at
the Mississippi State Penitentiary at 1300 hours and no later than 1600 hours where they
will be required to present proper identification and sign in. MSP’s Food Service
Department will make sure refreshments are available at the Spiritual Life Center for the
witnesses of the condemned inmate. Upon arrival at Gate I, security staff will escort them
to the Chaplain’s Department where they shall be briefed on the regulations to be followed.
No witness passes will be issued at this time. Security staff shall escort witnesses at all
times.
2. At 1730 hours, the witnesses shall be issued passes by security staff and transported to the
Unit 17 parking lot. At 1745 hours the witnesses shall be searched and escorted to the
Execution Observation Room at 1750 hours.
3. In the event there is reason to believe (reasonable suspicion) that a witness may initiate or
attempt to initiate a violent or disruptive act prior to, during, or following an execution,
that person will not be permitted to witness the execution and will be escorted off
penitentiary grounds immediately.
4. No person shall be allowed to take photographs or recordings of any type prior to, during,
or after the execution.
5. No electronic or mechanical device, including but not limited to, cell phones, smart
watches, tablets, motion picture cameras, videotape cameras, tape recorders, or any similar
device, or any drawing, art materials or supplies may be in the possession of any witness.
6. No witness entering the facility shall be allowed to leave the facility and return.
7. Following the execution, the witnesses for the condemned inmate shall be escorted from
the witness area and out of the facility.
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The Commissioner of Corrections may permit two (2) members of the victim’s family as
witnesses, if requested.
2. At 1745 hours, witnesses will be issued passes by security staff and briefed on
the regulations to be followed. They will then be searched and transported to
Unit 17 to the Execution Observation Room 1753 hours. Security staff will
ensure that the condemned inmate’s witnesses have entered the witness
observation room prior to the victim’s family entering. A representative from
the MDOC Division of Victim Services shall accompany the victim’s family at
all times while at the Welcome Center.
3. In the event there is reason to believe (reasonable suspicion) that a witness may
initiate or attempt to initiate a violent or disruptive act prior to, during or
following an execution, that person will not be permitted to witness the
execution and will be escorted off penitentiary grounds immediately.
5. No electronic or mechanical device, including but not limited to, cell phones,
smart watches, tablets, motion picture cameras, videotape cameras, tape
recorders, or any similar device, or any drawing, art materials or supplies may
be in the possession of any witness.
6. No witness entering the facility shall be allowed to leave the facility and return.
7. Following the execution, the witnesses shall be escorted from the witness area
and out of the facility.
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STATE WITNESSES
1. The Superintendent, by at least three (3) days prior written notice, will secure
the presence of the following witnesses at the execution:
B. At least one (1), but not more than two (2), physicians or the Coroner of
the County where the execution is to take place
C. (If requested) bona fide members of the press, not to exceed eight (8) in
number
2. The absence of the Sheriff or Deputy, under due notice to attend, will not delay
the execution. Likewise, the execution may proceed with one (1) attending
physician if it is not practical for two (2) physicians to be secured or the county
coroner if no physicians are available.
3. All state witnesses will report to the Office of Inmate Visitors’ Center at the
Mississippi State Penitentiary immediately upon their arrival where they will
be required to present proper identification and sign in. No witness passes will
be issued at this time. Witnesses shall be escorted by security staff at all times.
6. No electronic or mechanical device, including but not limited to, motion picture
cameras, videotape cameras, tape recorders, or any similar device, or any
drawing, art materials or supplies may be in the possession of any witness.
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MEDIA POLICY
Every effort shall be made by the staff of the Mississippi State Penitentiary to accommodate
representatives of the news media prior to and during an execution. Media representatives shall be
treated in a fair and consistent manner and in compliance with the policies and procedures of the
Mississippi Department of Corrections.
2. The Mississippi Bureau Chief of the Associated Press (AP) wire service and the
News Director of the Mississippi Radio Network/Supertalk are each requested
to designate one (1) reporter to represent its service. The names shall be given
in writing to the Communications Director of the Mississippi Department of
Corrections not later than seven (7) calendar days prior to the date of execution.
6. Media representatives will be issued Press passes. Upon being issued Press
Passes, the media representatives will be escorted by Media Assistants to a
designated site for a press briefing to be conducted by the Communications
Director or designee. Every reasonable effort shall be made to make the press
area as functional as possible. Telephone lines, tables for equipment and outlets
for electrical equipment shall be available.
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8. Prohibitions:
10. After media/pool witnesses and the Department spokesperson have addressed
the media in the press area, the media personnel shall be required to leave the
facility one hour after the last briefing, no later than 2230 hours, and normal
operations shall resume.
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Seventy-two (72) hours prior to the scheduled execution date – The condemned inmate shall be
transferred to Unit 17 and placed in the holding cell adjacent to the execution room.
The day prior to the scheduled execution, the approved attorneys shall be allowed to have a non-
contact visit with the condemned inmate between 0900 – 1500 hours.
1800 hours on the day prior to the scheduled execution – The Superintendent declares an
institutional emergency and places the institution on lockdown status. Radio traffic will be 10-33
(emergency traffic only) and remain as such until deemed necessary by the Superintendent.
0830 hours The Emergency Response Team is placed on telephone stand-by status. All staff
scheduled to participate is advised to report to the Superintendent’s Conference
Room at 0930 hours.
0900 hours A Telecommunications staff member checks the telephone in the execution
chamber to ensure that it is working properly.
0930 hours A briefing is conducted in the Superintendent’s Conference Room for assigned staff
members. The E.R.T. Communications Officer issues walkie-talkies and a list of
call numbers to designated staff.
1000 hours The briefing is concluded and staff are advised to report to the E.O.C. Coordinator
for individual assignments and explanation of responsibilities. All security staff
assigned to the Visitation Center, including the demonstration area, shall report to
their duty posts. The E.O.C. Coordinator provides the Unit 17 authorization list to
appropriate staff.
1030 hours The Communications Director or designee prepares to greet media representatives.
Assigned drivers and escorts for media representatives report to their duty stations.
1130 hours Staff assigned as Administration Security reports to their duty post.
1230 hours Security staff assigned to the Unit 17 Entry Road, Unit 17 Gate and the Internal
Security Team report to their assigned posts.
1300 hours Execution Chamber Passes are issued by the Asst. E.O.C. Coordinator. The
Execution Team reports to Unit 17 to prepare the lethal injection system. A walk-
through of procedures is conducted.
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1300 hours The approved attorneys, spiritual advisors and family shall be allowed to have non-
contact visits with the condemned inmate. These visits will occur between 1300 –
1600 hours. Security will utilize a metal detector and pat search the visitors prior to
their entry into the unit.
1500 hours Security, medical and maintenance personnel assigned to perimeter duty posts at
Unit 17 and Gate I report to their assigned stations. The Quick Response Team
reports to the Demonstration Area and stays on call until 2230 hours. A
Telecommunications staff member checks the telephone in the execution chamber
to ensure that it is working properly and will remain on duty in the chamber area
until after the execution.
1600 hours Non-contact visitation between the condemned inmate and his approved attorneys,
family and spiritual advisors ends.
1600 hours The condemned inmate is served his last meal and is allowed to shower and comply
with grooming standards.
1630 hours Upon request of the condemned inmate, an approved spiritual advisor shall be
allowed a non-contact visit.
1630 hours Food prepared for staff manning duty posts is picked up at a kitchen designated by
Superintendent and MSP’s Food Service Director and delivered to each post. The
Governor’s representative, Attorney General’s representative, Commissioner or
designee and Superintendent are served their evening meal at the Guest House.
1700 hours The Execution Team checks all equipment to ensure that everything is working
properly. The Executioner conducts a briefing.
The non-contact visitation between the spiritual advisors and the condemned
inmate ends.
The witnesses are issued witness passes and briefed on procedures and regulations.
1710 hours The hearse is brought into the Unit 17 compound and parked in the rear adjacent to
the execution chamber. The General Counsel begins monitoring the telephone in
the execution chamber and will continue until a stay is granted or the inmate has
been executed.
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1720 hours Internal Security on A-Tier at Unit 17 exits the tier and the tie-down team enters.
The Execution Team Recorder begins his/her chronological log. The
Superintendent shall read to the prisoner, the Death Warrant or Court Order, under
which the Execution is to be carried out. The condemned inmate is escorted from
the holding cell and strapped to the gurney or chair. The Deputy Commissioner of
Institutions or designee shall observe the escort from the time the inmate is removed
from his cell until he is strapped to the gurney. The Execution Room Recorder
initiates a chronological log.
1745 hours Catheters are placed in each arm and a saline solution is started. The Executioner
shall advise the Superintendent that the lethal injection system is prepared and
ready for use.
The Condemned witnesses and press are transported to Unit 17 parking lot.
1747 hours The victim’s witnesses and state witnesses are escorted to the Unit 17 parking lot.
1750 hours Condemned Witnesses and approved Media Witnesses are escorted into the
Chamber Observation Rooms. The door to the observation room are secured.
1753 hours The Victim’s Family and state witnesses are escorted into the Chamber Observation
Room.
1800 hours During the execution procedure, the General Counsel will man the telephone to the
Governor’s Office and the Attorney General’s Office. The General Counsel will
verify that no stay of execution has been granted. The Superintendent asks the
condemned inmate if he wishes to make a final statement. The final statement shall
not exceed five (5) minutes. However, should the condemned use profanity or
abusive language, his/her final statement will be terminated immediately. The
Superintendent directs the Executioner to proceed. The Executioner will then
administer the lethal injection. Constant voice-to-voice communications shall be
established and maintained throughout and after the execution.
When the inmate no longer exhibits signs of life, the coroner will pronounce the
inmate’s death. The Superintendent will then order the witnesses escorted from the
observation room to the outside of the unit.
1900 hours A post execution briefing is conducted by the Communications Director or designee
in the Central Visitation Center. Step-down procedures are enacted.
An accounting of timed activities will be maintained, starting with the time the inmate is removed
from the holding cell until he/she is pronounced dead.
After step-down procedures are completed, the entire execution team will meet at the Guest House
or MSP’s designated staff dining facility. Dinner will be prepared for members of the execution
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team by the Director of Food Services and the MSP’s Food Services Department. If needed, the
Staff Chaplain or designee will be available for individual or group counseling.
The State Executioner, or his duly authorized representative, the Commissioner of Corrections, or
his duly authorized representative, and the physicians who witnessed the execution shall prepare
and sign officially a certificate setting forth the time and place of execution and that such criminal
was then and there executed, in conformity to the sentence of the Court and the provisions of
Section 99-19-55 of the Mississippi Code of 1972, and shall secure the signatures of the other
public officers and persons who witnessed such execution.
1. The certificate shall be filed with the court where the criminal was convicted.
2. The Clerk will subjoin the certificate to the record of the conviction and
sentence.
The body of the executed person will be released immediately after the execution by the State
Executioner, or his duly authorized representative, to the relatives of the deceased person, or to
such friends as may claim the body. The Department of Corrections will be responsible for burial
in the event the body is not claimed. The Department of Corrections will bear the reasonable
expenses of burial in the event the body is not claimed by relatives or friends. There shall be no
autopsy required pursuant to Section 47-5-151.
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C. Charge(s) ________________________________________________________________
II. OPERATION
C. Title ___________________________________________________________________________
D. Signature _______________________________________________________________________
The persons whose signatures appear on this form were present in the Lethal Injection Chamber at the Mississippi State Penitentiary and carried
out/assisted in the execution of the prisoner in accordance with Mississippi Code. The Chronological Chart is, to the best knowledge of those
officials whose signatures are affixed, a true and accurate recording of the procedures used in performing this execution.
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