Executions in Arizona could resume, but critics say the state isn't prepared

PHOENIX - Resuming executions in Arizona is becoming one step closer in the state.

Critics are swinging back, saying the state is not prepared to follow through, and are demanding accountability.

Arizona has a complicated history with the death penalty, including a botched execution in 2014 which caused condemned prisoner Joseph Wood to gasp for two hours before dying from a lethal injection.

However, the death penalty does still have significant support. Over half of Americans back in 2020 were in favor of it, per Gallup.

Advocates say more transparency is needed.

"If there are flaws in the system, the last thing the governor should be doing is pushing forward to kill people, before those flaws are fixed," said Nicolas Sarwark with the Libertarian Policy Institute.

Outside Arizona's Capitol on Wednesday, a group of advocates shared their concerns about the death penalty’s possible return to the state.

It all started when Katie Hobbs was running for governor in 2022. Back then, she said executions would only happen in the state if they could be done humanely.

In 2023, she appointed retired judge David Duncan to conduct an investigation into the state’s procedures. He was later dismissed from his role.

Earlier this week, Gov. Hobbs said she had concerns about the focus of his report.

"I appreciate Judge Duncan and the work that he has done, but it became clear in the process that he was just not up to the task. One example of that is that he started saying we should start executing people by firing squad. That is clearly unconstitutional," she said.

At the same time, the Arizona Department of Corrections, Rehabilitation and Reentry conducted its own separate review, finding that executions could go forward.

The governor says she has full confidence in it, although advocates say they aren’t convinced.

"She is trying to bury it under the rug because it answered a question that she asked. What is wrong with Arizona’s execution system? A lot. A lot is wrong, and she doesn’t like the answer," Sarwark said.

Jared Keenan of the ACLU says Judge Duncan's report talks about execution drugs being stored in private homes.

"For example, the draft outline of the report, refers to correction officials researching the use of drugs on Wikipedia prior to performing an execution," Keenan said.

In November, Arizona Attorney General Kris Mayes announced she would seek a warrant of execution for Aaron Gunches, convicted for the 2002 murder of Ted Price.

"The death penalty is the law of Arizona. As long as it is the law of Arizona, and I don’t believe that it is unconstitutional, we are going to carry out the law," the Democrat said. "That is my job as attorney general."

She adds, "That family has been waiting 22 years to see justice done."

Katie Gipson McLean of Arizona Attorneys for Criminal Justice called the move by the two Democrats a political ploy motivated by future elections.

"It seems as if it’s just another page out of the party’s playbook to try to pander to independents, or moderate Republicans in a way that they think would work," Gipson McLean said.

An assertion, Mayes says, is "just ridiculous."

"There is no pandering going on here. We engaged in a very thorough review of the death penalty, and frankly, I think that’s offensive to the attorneys inside this office," Mayes said.

Mayes also noted that back in May, her office indicated that executions would resume in 2025, and that it’s her job as the attorney general to enforce the law of the state, one she does not find unconstitutional.

FOX 10 reached out to Gov. Hobbs' office for direct responses to criticism.

The response was, "We have already released the only report we have (the latest from Duncan) with members of the media the day of (11/26) and have been providing it to anyone who has requested since then, including Fox10 and ACLU. We have no additional information to provide at this time."