NASHVILLE, Tenn. — An attorney for death row prisoner Darrell Hines warned Tuesday that Tennessee’s planned execution of Hines would amount to a “grotesque spectacle,” pointing to the state’s botched execution attempt in May and concerns about the qualifications of the physician who could be involved in Thursday’s execution.
Hines is scheduled to be executed Thursday, Aug. 13. He is the first person set for execution in Tennessee since the Tennessee Department of Correction, or TDOC, botched its attempt to execute Tony Carruthers on May 21, according to the statement.
“The Tennessee Department of Correction violated its own protocol by employing a doctor, Dr. Mark Fowler, who was underqualified and unable to set a central line, resulting in May’s horrific botched execution attempt,” said Kit Thomas, an attorney for Hines, in the statement.
Thomas added, “TDOC knows that Dr. Fowler can’t do the job the protocol requires him to do, and we’ve seen what that means in practice: a torturous, failed procedure that leaves staff, witnesses and the prisoner traumatized.”
Gov. Bill Lee announced Tuesday that he would not stop the execution, saying he gave the clemency request deliberate consideration and would uphold the state’s sentence, WSMV reported.
According to the statement, Hines’ attorneys asked the U.S. Supreme Court on Aug. 9 to review the Tennessee Supreme Court’s refusal to appoint a special master who would assess the risk of severe pain and suffering during his execution by an “under-skilled” physician. They are also asking the high court to stay the execution.
The attorneys argue any presumption that the execution will follow protocol is overcome by evidence about Fowler. The statement discusses how he was primarily responsible for the Carruthers attempt, which they described as an “excruciating affair that lasted over an hour.”
They also stated that Fowler participated in prior executions without realizing he was responsible for placing a central line, if required.
Lastly, the statement said Fowler admitted under oath that he had not successfully placed a central line in more than 13 years and lacks privileges to do so at any hospital.
The statement said Hines’ medical condition sharpens those concerns. Hines is 66 years old and has suffered two strokes this year, which left him partially paralyzed.
His attorneys said he is extremely thin, has significant muscular atrophy and suffers from spasticity that leaves his left arm bent at the elbow and his left hand involuntarily clenched.
IV access is often more difficult in people older than 65, the attorneys said. They called it “very likely” the execution team will struggle to find a peripheral vein and will need a central line, which is the procedure Fowler failed to perform in May.
In a central line procedure involving the jugular or subclavian vein, the standard of care requires elevating the patient’s feet and lowering the head to prevent an air embolism from traveling to the brain, the statement said. The statement said Fowler made no attempt to do so during the Carruthers execution attempt.
The state has refused to say whether Fowler will participate in Hines’ execution. Davidson County Chancellor Russell Perkins ordered TDOC on July 17 to disclose whether it planned to use Fowler, the Tennessee Lookout reported.
The department refused, and the court stayed its order to allow review by a higher court, according to the statement. The Tennessee Supreme Court denied the disclosure request Aug. 6.
“It’s shocking that the Tennessee Department of Correction won’t simply say whether it plans to keep using an execution physician who lacks the required qualifications,” Thomas said in the statement.
In an October 2025 deposition cited by Hines’ attorneys, Fowler described the execution physician’s role as merely to “certify the death of the inmate.” The attorneys said he appeared unaware that the protocol required him to be able to perform a central line procedure until they brought it to his attention.
Concern has mounted across the state since May, according to the statement. On June 25, nine Republican state senators asked Lee to pause executions pending an independent review of Carruthers’ attempt.
State Rep. Jody Barrett also wrote to TDOC Commissioner Frank Strada on July 2 seeking details of the department’s review and the changes it is making.
Tennessee faith leaders, including the state’s Catholic bishops, have urged Lee to suspend the execution. More than 40 Tennessee medical professionals sent Lee a letter urging him to halt executions until TDOC demonstrates improvements in planning, training and operations.
Materials released by Hines’ attorneys on July 23 also questioned Strada’s record. The packet said Strada oversaw three executions in Arizona, all marked by prolonged and problematic attempts to establish IV access.
Attorneys for Hines filed the Supreme Court petition Sunday night, the Tennessee Lookout reported. Lee called off Carruthers’ execution in May and postponed it for a year after the execution team failed to place a central line.
“We don’t need to speculate about the risk of harm from using Dr. Fowler to execute Mr. Hines,” Thomas said in the statement. “We saw it in the last execution attempt, and there is every reason to believe that as long as TDOC uses Dr. Fowler, prisoners face prolonged, torturous and potentially failed executions.”
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