Brandon McKenzie, as the leader of Alabama’s execution team, is responsible for overseeing the execution process. Despite facing accusations of violent behavior in the past, McKenzie continues to play a key role in executions, directing a team of prison guards and performing tasks that can impact the outcome of the process.
One such accusation involved a prisoner named Lawrence Phillips, who accused McKenzie of causing severe injuries by smashing his head through a window and driving him head-first into a concrete floor. Phillips suffered lasting physical and psychological trauma as a result of the incident.
McKenzie claimed self-defense in response to Phillips’s allegations, and the state concluded that the force used was warranted. However, a federal magistrate judge allowed Phillips’s lawsuit against McKenzie to proceed, suggesting that the force may have been applied maliciously.
Despite these concerns, McKenzie was promoted to captain and continues to oversee executions, earning a significant salary for his role. The investigation also revealed that other members of Alabama’s execution team have faced similar accusations of violence and mistreatment.
These findings raise questions about the treatment of incarcerated individuals during the execution process and highlight concerns about Alabama’s ability to conduct executions in a regulated and lawful manner.
“A system that cannot be trusted to keep prisoners safe is a system that should not have the right to kill.”
Experts in capital punishment and civil liberties express alarm at the behavior of the execution team members and question the integrity of the execution process in Alabama. The history of violence and misconduct among team members suggests a culture of impunity within the prison system.
Concerns extend to leadership roles within the prison, such as the case of Terry Raybon, the prison warden responsible for overseeing executions despite a history of domestic violence allegations. These revelations underscore the need for transparency and accountability in the execution process.
Despite these troubling findings, ADOC and other officials declined to comment on the matter. The execution team members named in the investigation also refused to respond to requests for comment, citing an oath of silence enforced by the department.
Photo: Kim Chandler/AP
A History of Secrecy
The identities of those involved in executions are closely guarded secrets. Fourteen states have implemented secrecy laws since 2010 to conceal information about executions. Although Alabama does not have such statutes, it is considered one of the least transparent states in terms of execution practices, according to Robert Dunham, director of the Death Penalty Policy Project.
The Alabama Department of Corrections (ADOC) has kept details about its execution procedures and personnel involved hidden from the public. It was only in 2019, under court order, that the state released a partially redacted version of its execution process. Despite legal pressure, Alabama officials continue to withhold information about their capital punishment practices.
The execution team in Alabama includes non-medical professionals who carry out various tasks during the execution process, often away from public scrutiny. These members play critical roles in ensuring that death sentences are carried out according to the state’s protocol. The lack of transparency in revealing the identities and backgrounds of these team members has raised concerns among experts like Dale Baich, a federal public defender.
Recent debates over Alabama’s use of nitrogen gas for executions have intensified the focus on the execution team’s qualifications. After a controversial execution using nitrogen gas, the state is preparing for another one. The testimonies from the team captain have become crucial in defending the state’s execution methods against legal challenges.
McKenzie, the execution team captain, has provided testimony to support Alabama’s execution practices, including the use of nitrogen gas. However, discrepancies in his accounts have been pointed out by defense attorneys, questioning the reliability of his statements. The role of team members in ensuring that executions are carried out without violating constitutional protections against cruel and unusual punishment has come under scrutiny.
In order to determine if more sedative is needed before administering lethal drugs, the team member must say the person’s name, brush their eyelids, and pinch their arm – a procedure witnessed by Bolts during Keith Gavin’s execution in July.
As the ADOC moves forward with nitrogen executions, Dunham from the Death Penalty Policy Project emphasized the importance of transparency due to inconsistencies between the department’s narrative and witness testimonies in recent executions.
Tarji Jackson’s nephew, Jamal Jackson, died by suicide on Alabama’s death row in 2020. ADOC investigation revealed that a lieutenant, Christopher Earl, failed to follow protocol for prisoner suicides, resulting in his demotion in 2020.
Despite multiple policy violations, Earl continued to participate in executions and was found to have left three incarcerated individuals unsupervised in outdoor cages for three hours a year later, resulting in a three-day suspension.
Earl’s actions have not prevented him from participating in executions, including a failed attempt to execute Alan Miller in 2022. Miller, who survived the attempt, expressed his discontent with the process during a deposition in July. Miller’s legal team has claimed that an ill-fitting apparatus would heighten the risk of Miller experiencing harm.
“It’s unqualified individuals fitting it,” Miller stated during his deposition. “They should be professionals, medical professionals, a third party, or someone with the necessary training.”
Alabama transitioned to using nitrogen gas for executions after a series of problematic and gory lethal injections that seemed to deviate from ADOC’s execution protocol. Following the cancellation of Kenneth Smith’s execution in November 2022, Governor Kay Ivey imposed a moratorium on executions and called for a review of the state’s capital punishment system.
After just three months, Alabama concluded its comprehensive review of protocols in February 2023. ADOC Commissioner John Hamm, in a letter announcing the completion of the assessment, mentioned that the department had reevaluated its legal strategy regarding capital litigation, training procedures, and equipment used during executions. The details of the review were scant, and there was no mention of increased oversight of ADOC staff involved in executions. One notable change was the addition of more medical personnel during executions.
The agency has declined to make its full evaluation public.
As a prison guard at Holman who worked on death row, Halle Lambert disclosed that she had been offered the opportunity to join Alabama’s execution team but declined due to personal beliefs. Lambert’s tenure at Holman ended in November 2023 when she was arrested and terminated for bringing in contraband. She has pleaded not guilty, and her case is ongoing.
Lambert identified members of the execution team, including Bruce Finch, who participated in Kenneth Smith’s nitrogen execution in January. Finch, with a history of arrests and disciplinary actions for violating ADOC policy, was previously arrested for battery on a law enforcement officer. Despite these incidents, ADOC paid him over $104,000 last year, as per pay stubs.
According to Lambert, Finch became part of Alabama’s execution team after being promoted to lieutenant at Holman in November 2022. Some team members are retired prison guards who return for executions. Alabama’s selection process for the execution team was previously unknown, and no team member has publicly disclosed their involvement. The information available about team members and their experiences is limited to staff from other states who have shared their insights with the media.
In Alabama, team members volunteer to be part of the execution team, and the existing group votes on who can join. According to Lambert, there is no financial incentive to participate, except for overtime pay.
Lambert, curious about the motivations of her colleagues, inquired about their reasons for being part of executions. One team member mentioned that he could pretend to have PTSD and retire early, while another, a devout Christian, stated that he was driven by a sense of “doing justice.”
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