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TABLE OF CONTENTS FINDINGS OF FACT. 1389 I. The Parties. 1389 II. Statutory Authorization For Executions In California. 1390 III. Procedures For Execution By Lethal Gas In California. 1391 IV. Plaintiffs’ Experts. 1393 V. Defendants’ Experts. 1394 VI. Effects Of Hydrocyanic Gas On The Human Body — Overview of the Theories 1395 VII. Supporting Evidence. 1397 A. Scientific Literature. 1397 B. Lethal Doses Of Inhaled Cyanide. 1399 C. San Quentin Observations. 1400 1. Execution Of Robert Harris. 1401 2. Execution of David Mason. 1402 3. Pre-Furman Executions. 1402 VIII. Additional Findings . 1403 IX. Legislative Trends In The United States Regarding Execution Methods_ 1404 CONCLUSIONS OF LAW. 1408 I. Standing. 1408 II. The Merits. 1409 A. General Concepts. 1409 B. Campbell v. Wood . 1409 C. The Framework Applied. 1413 CONCLUSION. 1415 PATEL, District Judge. Plaintiffs are inmates at San Quentin State Prison in San Quentin, California who have been sentenced to death under the laws of the State of California. They brought this action on April 17, 1992, on behalf of themselves and all others similarly situated, challenging the constitutionality of California’s method of execution by lethal gas. The court has jurisdiction under 28 U.S.C. § 1343. Venue is proper under 28 U.S.C. § 1391(b) since defendants reside in the State of California and a substantial part of the conduct giving rise to this action occurred and will occur in the Northern District of California. Trial was held for eight days. Plaintiffs presented their case through eight witnesses: 1) the Reverend Martin Leon Harris, a witness to the execution of Robert Alton Harris, one of the named plaintiffs and Reverend Harris’ cousin; 2) Dr. Kent Russell Olson, an expert in medical toxicology, emergency medicine, and the treatment of poisoning, including cyanide poisoning; 3) Mr. Donald Cabana, former warden of a state prison in Mississippi, who presided over two executions by lethal gas; 4) Warden Daniel Vasquez, Warden of San Quentin State Prison at the time of trial, who presided over two executions by lethal gas at San Quentin, including the execution of Robert Alton Harris, one of the named plaintiffs in this action; 5) Professor Franklin E. Zimring of the University of California at Berkeley Law School at Boalt Hall, an expert in criminal justice policy; 6) Dr. John Friedberg, an expert in neurology; and 7) Dr. Richard Traystman, an expert in the areas of hypoxia and its effects on the heart and the brain. The testimony of Dr. Robert Kirschner, former pathologist with the Cook County Medical Examiner’s Office in Chicago, Illinois, was presented through videotape, by stipulation of the parties. Defendants presented their case through the testimony of two witnesses: 1) Dr. Alan H. Hall, medical toxicologist and an expert on cyanide and emergency medicine; and 2) Dr. Steven I. Baskin, expert in pharmacology and toxicology. Following the trial, counsel submitted post-hearing briefs, and oral argument was heard. Counsel also filed supplementary briefs addressing the impact on this action of the recent Ninth Circuit decision in Campbell v. Wood, 18 F.3d 662 (9th Cir.) (en banc), reh’g and reh’g en banc denied, 20 F.3d 1050 (1994). Having considered the testimony and evidence presented at trial, the oral arguments and briefs of counsel, and for the reasons set forth below, the court now enters the following Findings of Fact and Conclusions of Law in accordance with its obligations under the Federal Rules of Civil Procedure. See Fed. R.Civ.Proc. 52(c) (A judgment under Rule 52(c) “shall be supported by findings of fact and conclusions of law as required by subdivision (a) of this rule.”). FINDINGS OF FACT I. The Parties Plaintiffs David Fierro and Alejandro Gilbert Ruiz are prisoners who have been sentenced to death under the laws of the State of California and are imprisoned at San Quentin State Prison in San Quentin, California. At the time of the filing of this action, plaintiff Robert Alton Harris was also a prisoner sentenced to death and housed at San Quentin. He was executed by the State of California on April 21, 1992, by the administration of lethal gas in the gas chamber at San Quentin State Prison. See Ex. 55 (Harris Execution Record). Defendant James Gomez is Director of the California Department of Corrections. Defendant Arthur Calderon is Warden of San Quentin State Prison. He is the successor in that position to Daniel Vasquez, who was originally a defendant in this action. Defendants are employees of the State of California and at all times relevant to this action were acting as employees within the scope of their employment with the State of California. II. Statutory Authorization For Executions In California California has provided for execution by means of lethal gas since 1987; before that time, executions in the state were carried out by hanging. See People v. Righthouse, 10 Cal.2d 86, 72 P.2d 867 (1987); Ex. 103 (California legislative materials). Between 1937 and 1967, California carried out numerous executions in the gas chamber. See Ex. 102 at 5, 11 (National Prisoner Statistics Bulletin) (reporting 292 executions between 1930 and 1970). In 1972 in Furman v. Georgia, the Supreme Court set aside the death penalty, as it was then administered, on eighth amendment grounds. Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972). Subsequently, the Supreme Court reinstated the death penalty, holding that revised statutes did not violate the eighth amendment. Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976). Since the death penalty was reinstated in 1976, California has executed two inmates, Robert Alton Harris and David Mason. The State of California, through its agents Gomez and then-Warden Vasquez, executed plaintiff Harris on April 21,1992, by administration of lethal gas. The sentence was carried out pursuant to California Penal Code section 3604, which at the time of that execution provided: § 3604. Method of execution; lethal gas The punishment of death shall be inflicted by administration of a lethal gas. CaLPenal Code § 3604 (1982). California Penal Code section 3604 was amended in 1992 by the Legislature of the State of California. It currently provides: § 3604. Method of execution; election (a) The punishment of death shall be inflicted by the administration of a lethal gas or by an intravenous injection of a substance or substances in a lethal quantity sufficient to cause death, by standards established under the direction of the Department of Corrections. (b) Persons sentenced to death prior to or after the operative date of this subdivision shall have the opportunity to elect to have the punishment imposed by lethal gas or lethal injection. This choice shall be made in writing and shall be submitted to the warden pursuant to regulations established by the Department of Corrections. If a person under sentence of death does not choose either lethal gas or lethal injection within 10 days after the warden’s service upon the inmate of an execution warrant issued following the operative date of this subdivision, the penalty of death shall be imposed by lethal gas. (c) Where the person sentenced to death is not executed on the date set for execution and a new execution date is subsequently set, the person again shall have the opportunity to elect to have punishment imposed by lethal gas or lethal injection, according to the procedures set forth in subdivision (b). (d) Notwithstanding subdivision (b), if either manner of execution described in subdivision (a) is held invalid, the punishment of death shall be imposed by the alternative means specified in subdivision (a). Cal.Penal Code § 3604 (1994). Between January 1, 1993 and October 14, 1993, twenty-four condemned inmates were served with execution warrants allowing them to elect lethal gas or lethal injection. Sixteen inmates refused to make a choice; seven selected lethal injection; and one selected lethal gas. See Ex. A-l (Deel. of Denise Dull and attached choice forms). David Mason, a condemned inmate at San Quentin, was served with an execution warrant but was one of the sixteen who refused to choose a method of execution. He was executed on August 24, 1993 by means of lethal gas. See Ex. 54A (Mason Execution Record). Named plaintiff David Fierro was served with an execution warrant on February 9, 1993; he refused to select a method of execution. See Ex. A-l (Fierro choice form). The record does not reflect that named plaintiff Ruiz has ever been served with an execution warrant. Because one inmate has already been executed by lethal gas after refusing to choose a method of execution, and because other inmates, including plaintiff Fierro, have elected not to choose a method of execution or may in fact select lethal gas, the court finds that it is likely that inmates will be executed by the administration of lethal gas pursuant to California Penal Code § 3604(b), absent a ruling from this court. III. Procedures For Execution By Lethal Gas In California Executions by means of lethal gas in California are carried out in the gas chamber at San Quentin State Prison. Testimony of Warden Daniel Vasquez, 2 RT 59-60. The lethal gas used in the gas chamber at San Quentin is hydrogen cyanide, or hydrocyanic, gas. See Ex. 93A (redacted protocol); 2 RT 184, 121 (Vasquez); Testimony of Steven Baskin, 6 RT 61. The procedures for such executions are detailed in San Quentin Institution Procedure No. 769 (“Lethal Gas Chamber, San Quentin State Prison”). See Ex. 52A (redacted protocol); Ex. 93A (redacted protocol); 2 RT 75 (Vasquez). Warden Vasquez testified that these procedures “are an outline” of the process and that there were slight deviations from the protocol in both of the recent California executions, that of Robert Harris and that of David Mason. 2 RT 143-44, 149-51 (Vasquez). The execution procedures were developed in the early 1980s by Warden Vasquez and his staff. In developing the procedures, Vasquez drew on the procedures that had been used for lethal gas executions at San Quentin from 1937 to 1967. 2 RT 85-86 (Vasquez). Neither Warden Vasquez nor his staff consulted scientific ex- ■ perts or medical personnel in formulating the execution protocol, nor did they examine records from previous California executions. 2 RT 85, 87, 89 (Vasquez). The gas chamber at San Quentin is a modified octagonal structure, approximately seven and one-half feet in diameter. See Ex. 41 at 3 (Deel. of Russell Stetler). The door to the chamber takes up one side; the other seven sides contain windows. Id.; Ex. 51 (floor plan of gas chamber). The chamber is equipped with two chairs, referred to as Chair A and Chair B. See Ex. 51 (floor plan). During the execution of a single inmate, Chair B is used. 2 RT 71 (Vasquez). Chair B is to the left of Chair A when looking into the chamber from the door. See Ex. 51 (floor plan). Both Robert Harris and David Mason were executed in Chair B. 2 RT 95, 124 (Vasquez). There are straps on the back of each chair, which cross the inmate’s chest and upper abdomen. Id. at 72. The chair also has two straps for each leg and three straps for each arm. See id. at 71-72; see also Ex. 89 (drawing of chair). At the base of each chair, directly under the seat, is a reservoir for holding a sulfuric acid-distilled water mixture. See Ex. 89 (drawing of chair); 2 RT 74 (Vasquez). There is also an armature designed to hold a cheesecloth bag containing sodium cyanide crystals. Id. Between the armature and the seat is a bedpan, the purpose of which is to catch the excretions of the condemned inmate. Id.; Ex. 89 (drawing of chair). In order to allow the lethal gas to rise, there are holes in the seats of the chairs. 2 RT 78 (Vasquez). A Witness Observation Area surrounds the chamber on approximately five of the eight sides. Ex. 51 (floor plan). A circular railing rings the chamber. Id. The warden’s official witnesses are allowed to stand at this railing, which is only a few feet from the chamber itself. See Ex. 51 (floor plan); Ex. 41 at 3-4 (Decl. of Russell Stetler); Ex. 42 at 5 (Decl. of David K. Li). Other witnesses stand on two-tiered risers, also located in the witness area, approximately six to eight feet removed from the chamber. See Ex. 51 (floor plan); Testimony of Martin Leon Harris, 1 RT 26. The views from the Witness Observation Area are of the inmate’s side and back. Id. Media witnesses are on risers that afford a view of the right side of the inmate; the inmate’s witnesses are placed on risers that provide a left-side view of the inmate. Ex. 41 at 4 (Decl. of Russell Stetler); 1 RT 26 (Harris); Ex. 39 at 4 (Decl. of Michael Rroll). The Physicians’ Observation Area encompasses the remaining area around the chamber — namely, the door to the chamber and two additional windows. Ex. 51 (floor plan); 2 RT 62 (Vasquez). Inside the Physicians’ Observation Area is a manometer, which measures pressure in order to ensure that there is a lower pressure inside the chamber than outside, thus preventing leakage of the lethal gas from the chamber. 2 RT 66-67 (Vasquez). Below the manometer, and immediately next to the chamber, is a red lever called the immersion lever. Ex. 88 (diagram of chamber); 2 RT 70 (Vasquez). When the lever is pushed, the armature beneath the chair lowers the cheesecloth bag of sodium cyanide crystals into the sulfuric acid mixture under the chairs. 2 RT 67, 74 (Vasquez). Behind and to the side of the Physicians’ Observation Area is the Mixing Room, where the chemicals for the lethal gas solution are prepared. See Ex. 51 (floor plan); Ex. 87 (drawing of controls); 2 RT 63 (Vasquez). It contains two mixing bowls that are used to mix the sulfuric acid and distilled water. 2 RT 64-65 (Vasquez). The bowls are connected by pipe to the reservoirs under the chairs inside the chamber; one bowl empties into each of the two reservoirs. M Prior to an execution, a solution of one gallon and one pint of distilled water and two quarts and one pint of sulfuric acid is mixed in the mixing bowls. Ex. 93A (redacted protocol); 2 RT 93 (Vasquez). One pound of sodium cyanide crystals, wrapped in cheesecloth, is suspended above the reservoirs on the armature. Ex. 93A (redacted protocol). The inmate is then strapped tightly into Chair B by prison guards. 1 RT 27 (Harris); 2 RT 95-96 (Vasquez); Ex. 93A (redacted protocol). Once the inmate is strapped to the chair, he or she can move only his or her head slightly from side to side and forward, and his or her fingers. 1 RT 30-31 (Harris). The aeid/distilled water mixture is then released from the mixing bowls and carried, through a pipe, to the reservoirs under each chair. Ex. 93A (redacted protocol). During the execution process, certain members of the “execution team” are present in the Physicians’ Observation Area, including the Warden and two physicians. 2 RT 101-04 (Vasquez). During the execution, one member of the team pushes the immersion lever, lowering the crystals into the acid-water mixture. Ex. 93A (redacted protocol). This produces hydrocyanic gas, which rises and is inhaled by the prisoner. One of the physicians in the Physicians’ Observation Area observes the inmate through the two windows to the gas chamber. The physician is only a few feet from the inmate and has a view of the front of the inmate. 2 RT 102 (Vasquez). The view is clear and unobstructed. Id. at 107. The observing physician contemporaneously records the information observed during the execution on an official Execution Record form. Id. at 107-08, 116. The other physician monitors the heart rate of the inmate by means of an electrocardiogram (EKG) machine located to the left of the door to the gas chamber in the Physicians’ Viewing Area. Id. at 98. TV. Plaintiffs’ Experts Plaintiffs presented their theory of the effects of cyanide on humans through four experts. 1)Kent R. Olson, M.D. Dr. Olson received his medical degree from University of California at San Francisco in 1978. He completed a one-year internal medicine residency at Mt. Zion Hospital in San Francisco in 1979 and completed a fellowship in clinical toxicology at San Francisco General Hospital and University of California at San Francisco in 1982. Testimony of Kent R. Olson, 1 RT 41; Ex. 63 (Olson Curriculum Vitae). Dr. Olson is also a board-certified specialist in emergency medicine and medical toxicology and the Medical Director at the San Francisco Poison Control Center. The Poison Control Center serves a population of six to eight million people and is considered one of the premier poison control centers in the country. In addition, Dr. Olson teaches at the School of Pharmacy and the School of Medicine at the University of California at San Francisco. He is also a practicing emergency room physician at a regional trauma center. 1 RT 41-43 (Olson); Ex. 63 (Olson Curriculum Vitae). Dr. Olson is the editor of a well-respected clinical manual for physicians, entitled Poisoning and Drug Overdose, 1 RT 49 (Olson), as well as a former Director of the American Board of Medical Toxicology. 1 RT 46 (Olson); Ex. 63 at 6 (Olson Curriculum Vitae). As a medical toxicologist, Dr. Olson is trained in the diagnosis and treatment of acute poisoning, including poisoning by cyanide. 1 RT 41^42 (Olson). He is a member of both the Hazardous Materials Advisory Committee of the California Emergency Medical Services Authority and the Peer Review Committee of the United States Public Health Service Agency for Toxic Substances and Disease Registry. 1 RT 46 (Olson); Ex. 63 at 6 (Olson Curriculum Vitae). These committees are developing guidelines for the management of poisons, including cyanide, that might be involved in a hazardous materials spill. 1 RT 45 (Olson). Poisoning by cyanide is rare, but through his work at the Poison Control Center, Dr. Olson has seen some twenty to thirty such cases. 1 RT 47 (Olson). The court found at trial that Dr. Olson was qualified to testify as an expert in the areas of medical toxicology, emergency room medicine, and the treatment and diagnosis of poisonings, including poisonings by cyanide. 1 RT 55-56. 2) John Friedberg, M.D. Dr. Friedberg is a board-certified neurologist, with a general neurologic practice in Northern California. Dr. Friedberg routinely examines and treats patients with problems related to every aspect of the central and peripheral nervous system. He has actively consulted in emergency rooms and in hospital wards on cases involving persons in various states of consciousness. Testimony of John Friedberg, 4 RT 57. Dr. Friedberg received his medical degree from the University of Rochester in 1971. He then interned at the Pacific Medical Center in internal medicine and was a staff physician at General Hospital in Salinas. In 1978, he completed a neurology residency at the University of Oregon. 4 RT 57-59 (Friedberg). He then returned to the Bay Area and worked for Kaiser-Permanente and as an emergency room consultant while developing his own private neurology practice. 4 RT 61 (Friedberg). The court found at trial that Dr. Friedberg was qualified to testify as an expert neurologist with specialized skills in determination of consciousness and levels of pain. 4 RT 66-67 (Friedberg). 3) Richard Traystman, Ph.D. Dr. Traystman is the Vice Chair of the Department of Anesthesiology and Critical Care Medicine and Director of Research at the Johns Hopkins University School of Medicine. Testimony of Richard Traystman, 7 RT 138; Ex. 120 (Traystman Curriculum Vitae). Dr. Traystman received his doctorate in cardiopulmonary physiology from Johns Hopkins in 1971. Dr. Traystman joined the faculty at Johns Hopkins following completion of a two year post-doctorate in the Department of Physiology at Bowman Gray School of Medicine in 1972. 7 RT 133 (Traystman); Ex. 120 at 1-2 (Traystman Curriculum Vitae). For the past twenty years, Dr. Traystman has been conducting research on the brain and the control of brain blood vessels, particularly the responses and reactivity of brain blood vessels to the deprivation of oxygen, or hypoxia. 7 RT 134 (Traystman). Dr. Traystman has published numerous articles on these and related subjects. 7 RT 137-40 (Traystman); Ex. 120 at 8-60 (Traystman Curriculum Vitae). The court found at trial that Dr. Trayst-man was qualified as an expert in the areas of hypoxia and its effects on the heart and brain. 7 RT 140-41. 4) Robert Kirschner, M.D. Dr. Kirschner is board-certified in both anatomic and forensic pathology, is a professor of pathology at the University of Chicago, and is currently the Deputy Chief Medical Examiner for Cook County, Illinois. He graduated from Jefferson Medical College in Philadelphia in 1966 and trained as a resident in pathology at the University of Chicago from 1967 to 1971. He thereafter became a commissioned officer in the Public Health Service and served at the Baltimore Cancer Research Center of the National Cancer Institute from 1971 to 1973. After an honorable discharge from the Public Health Service, he became an assistant professor at the University of Chicago in the Pathology Department, where he continues to teach. Ex. 84 at 8-14 (Deposition of Robert H. Kirschner). In 1978, Dr. Kirschner joined the Cook County Medical Examiner’s Office and has performed approximately 7,000 autopsies since that time. As noted above, cyanide poisonings are rare; however, Dr. Kirschner has conducted autopsies on four or five persons who have died in this manner. In addition, his office has been involved in the highly publicized Tylenol tampering cyanide poisoning case, as well as cyanide poisonings through industrial accidents and through suicides. Id. at 10-13. He has served on the Board of Directors of the National Association of Medical Examiners and has reviewed articles for publication in a number of prominent journals, including the Journal of the American Medical Association. Id. at 18-19. By stipulation of the parties, Dr. Kir-schner’s testimony was presented by videotape. The court finds that Dr. Kirschner is qualified to testify as an expert on the physiological effects of cyanide on the body and the pain and suffering that may be caused as a result of the inhalation of cyanide gas. V. Defendants’ Experts Defendants presented their evidence concerning the effects of hydrocyanic gas on humans through two experts. 1) Dr. Steven Baskin is a board certified toxicologist. He is currently employed as a scientist at the United States Army Medical Research Institute of Chemical Defense. He received a degree in pharmacy from the University of Southern California, a doctorate in pharmacology/toxicology from Ohio State University, and undertook post-graduate training, also in pharmaeology/toxicology, at Michigan State University. Dr. Baskin has researched in the field of cyanide toxicology for at least twelve years, has edited several textbooks, and has authored over three dozen articles and chapters on the toxicology of cyanide. See 5 RT 7-11 (Baskin); Ex. A-3 (Baskin Curriculum Vitae). In his current position with the Medical Research Institute, Dr. Baskin researches how cyanide could be used as a threat by terrorists or other forces antagonistic to the United States. Specifically, his research is designed to discover the mechanism by which cyanide works and to develop antidotes or prophylactic agents to be used to counter the effects of cyanide. 5 RT 9 (Baskin). Dr. Baskin is also an adjunct professor of the toxicology section of the department of pathology at the University of Maryland School of Medicine. 5 RT 8 (Baskin). The court found Dr. Baskin to be qualified as an expert in pharmacology and toxicology, with an emphasis on the toxicology of cyanide. 5 RT 14. 2) Alan Hall, M.D. Dr. Hall is board certified in emergency medicine and medical toxicology. Testimony of Alan H. Hall, 3 RT 5. He received his medical degree from Indiana University, interned at Thomason General Hospital in El Paso, Texas, and was then a resident in anesthesiology at the University of Texas Health Science Center. Dr. Hall was a fellow for two years at the Rocky Mountain Poison and Drug Center in Denver. 3 RT 3 (Hall). Although he does not currently practice emergency medicine on a regular basis, he still consults with the Rocky Mountain Poison Center. 3 RT 4 (Hall). Dr. Hall has been consulted on cases involving cyanide exposure and has published on the subject. 3 RT 14-17 (Hall). The court found at trial that Dr. Ha11 is qualified to testify as an expert on the toxicology of cyanide and emergency medicine. 3 RT 19. VI. Effects Of Hydrocyanic Gas On The Human Body — Overview of the Theories Cyanide affects many systems within the body. See, e.g., Ex. 64 at 41-42 (Bryan Ballantyne & Timothy C. Marrs, Clinical And Experimental Toxicology of Cyanides (1987)). The basic disagreement between plaintiffs’ experts and defendants’ experts concerns which of these effects occurs first for inmates in the gas chamber at San Quentin. Specifically, the point of disagreement is whether unconsciousness occurs within at most thirty seconds of inhalation, as defendants maintain, or whether, as plaintiffs contend, unconsciousness occurs much later, after the inmate has endured the painful effects of cyanide gas for several minutes. Plaintiffs’ experts generally testified that cyanide inhalation kills human beings by preventing the body’s cells from using oxygen. A person inhaling cyanide continues to breathe oxygen, and that oxygen continues to be transported through the blood stream to the cells. However, cyanide binds to an enzyme system within the cells known as the cytochrome oxidase system, blocking the transfer of oxygen to the cells. 1 RT 56, 65 (Olson); 3 RT 58-62 (Hall); 7 RT 150, 211-12 (Traystman); 4 RT 86 (Freidberg). This process suffocates the body’s cells. Deprived of oxygen, the cells are unable to produce the energy they need to stay alive. They stop functioning and eventually die, leading ultimately to the unconsciousness and death of the organism. The result of this “cellular suffocation” thus is analogous to the result of suffocation due to drowning or strangulation. 7 RT 150 (Traystman); Ex. 84 at 20-22, 44-45 (Kirschner); 1 RT 56, 149 (Olson). Plaintiffs’ experts testified that cyanide-induced oxygen deprivation is experienced by the inmate as “intense suffocation” and “air hunger.” 1 RT 56, 58-59 (Olson); Ex. 84 at 20-22 (Kirschner). During an execution by lethal gas, an inmate may lose and subsequently regain consciousness several times, drifting in and out of conscious experience of the suffocating effects of cyanide gas. 1 RT 172-73 (Olson). In addition, since cyanide cuts off the normal ability of a cell to utilize oxygen, the cell is forced to use an inefficient backup system in an attempt to maintain critical levels of energy. A by-product of this backup system is lactic acid, which builds up in the cell, creating a painful condition known as acidosis. Plaintiffs’ experts testified that this pain is similar to the pain accompanying intense physical activity or a heart attack. 1 RT 57-58 (Olson); 3 RT 81-82 (Hall); 4 RT 77-78 (Freidberg); 7 RT 205 (Traystman). Plaintiffs’ experts also maintained that cyanide inhalation can lead to tetany, a painful sustained muscular contraction or spasm. 3 RT 118-121 (Hail); 4 RT 68-69 (Friedberg); 1 RT 140 (Olson). Tetany may be manifested by opisthotonos behavior, muscular contractions so severe that the body is “arched backwards like a bridge,” with contractions of sufficient force to “compress and fracture the vertebrae.” 3 RT 1191 (Hall); 4 RT 68-69 (Friedberg); 1 RT 72 (Olson). Other possible manifestations of tetany include 1) carpal pedal spasm, in which the muscles of the hands and feet contract so severely that they bend and twist in an unnatural and painful manner, 3 RT 120-21 (Hall), 4 RT 68 (Friedberg); and 2) “sardonic smile,” in which the lip muscles are pulled tightly away from the teeth. See 4 RT 68 (Friedberg); 3 RT 121 (Hall); 1 RT 72-73 (Olson). To a conscious person, tetany is extremely painful. 4 RT 76-77 (Friedberg); 3 RT 123 (Hall); 1 RT 73 (Olson). Finally, plaintiffs’ experts testified that cyanide-indueed oxygen debt causes the body to release very large amounts of adrenaline. 1 RT 141 (Olson); 7 RT 152 (Traystman). Although an inmate on the verge of being executed may generate some adrenaline as a result of fear, this effect is compounded by the lethal gas itself. 1 RT 141-42 (Olson); Ex. 64 at 151 (Bryan Ballantyne & Timothy C. Marrs, Clinical And Experimental Toxicology of Cyanides (1987)). This adrenaline discharge is painful, especially in association with the intense muscle activity and acidosis caused by cyanide poisoning. 1 RT 141-42 (Olson). Defendants’ experts painted a much different picture of death by cyanide gas. According to defendants, cyanide swiftly and simultaneously eliminates the energy in brain and heart cells, among others, causing the inmate to lose consciousness. 5 RT 12, 44-47, 6 RT 14 (Baskin). Furthermore, cyanide can combine with and inhibit carbonic anhydrase, the enzyme that controls cellular blood stream acidity, thereby severely limiting the ability of sensory nerves to transmit messages, including pain messages, to the brain. 5 RT 17 (Baskin); 7 RT 200-01 (Traystman); 3 RT 71, 80 (Hall). Defendants’ experts further testified that the “calcium channel effect” also precedes interference with the ability of the cell to process oxygen. According to defendants, this effect produces rapid unconsciousness as well. 5 RT 24-28 (Baskin). Finally, defendants maintain that lethal doses of cyanide cause a precipitous drop in phosphocreatinine (PCr), a substance that acts as an energy reservoir in cells, particularly in heart and brain cells. This decrease prevents cells from using energy and suppresses the central nervous system, which in turn causes loss of consciousness within ten to thirty seconds. 5 RT 29-31, 35, 6 RT 9 (Baskin). According to defendants’ experts, all of these effects on the heart and brain occur long before any effects on strident muscles occur because cyanide acts most quickly upon cells, such as neurons, that discharge with great frequency. 6 RT 36-37 (Baskin); 7 RT 147 (Traystman); see also Ex. 64 at 157 (Bryan Ballantyne & Timothy C. Marrs, Clinical And Experimental Toxicology of Cyanides (1987)). Although defendants’ experts admitted that cyanide does interact with cytochrome oxidase, see, e.g. 5 RT 28 (Baskin), they contended that this interaction occurs only after loss of consciousness. For this reason, they argued that cellular suffocation is not analogous, in mechanism or result, to the experience of whole-body suffocation, such as by drowning or strangulation. 7 RT 41-42 (Baskin); 3 RT 62-65 (Hall). VII. Supporting Evidence A. Scientific Literature Because hydrocyanic gas is highly toxic and lethal to human beings, 1 RT 114 (Olson), scientists have been limited in their ability to study its effects on humans. Cyanide poisoning cases in humans are rare. 1 RT 47, 53 (Olson). Theories of how cyanide gas affects the human body are therefore primarily based on 1) chemical studies; 2) data extrapolated from animal experiments; and 3) anecdotal accounts of human exposure to various forms of cyanide. 1 RT 85-86 (Olson). The leading textbook on cyanide, cited extensively by both parties, recognizes that both the effects described by plaintiffs’ experts and by defendants’ experts may occur as a result of cyanide poisoning: The signs of [hydrocyanic] vapour poisoning vary in their time to onset and severity, depending principally on the atmospheric concentration of [hydrogen cyanide]. Typical signs include rapid breathing, weak and ataxic movements, convulsions, loss of voluntary movement, coma, decrease in respiratory rate and depth, irregularities of breathing, and death. Ex. 64 at 68 (Bryan Ballantyne & Timothy C. Marrs, Clinical and Experimental Toxicology of Cyanides 1987). Later, the same authority states that: The signs and symptoms vary greatly with the route of exposure, total dose, time over which the dose is delivered, and the physical mode of presentation. These factors influence the effects observed, their magnitude, sequence of appearance, and duration. The following may be encountered: anxiety and excitement; rapid breathing; faintness; weakness; headache (pulsating); constricting sensations in the chest; facial flushing; dyspnoea; nausea and vomiting; diarrhoea; dizziness; drowsiness; confusion; convulsions; incontinence of urine and faeces; coma; respiratory irregularities. With massive doses perorally or by high concentration inhalation exposure, many of the signs and symptoms listed above may not be seen, and there is a rapid onset of poisoning with convulsions, collapse, coma and death. Id. at 87 (citations omitted); see also id. at 159 (“[T]he range and severity of symptoms are related to the sensitivity of the individual poisoned, the dose and route of poisoning, and the time since exposure.”) (citations omitted). Furthermore, this authority makes clear that the method by which cyanide affects the body, and which system is affected first, is an unsettled question in the scientific community. Plaintiffs’ theory of death through cellular suffocation has traditionally been the accepted viewpoint: “It is usually proposed that the major biochemical mechanism of action of cyanides, accounting for at least a significant part of its effects, is by the inhibition of cytochrome c oxidase activity.” Id. at 478; see also Ex. A-15 at 687 (M. Matsumoto et al., “Role Of Calcium Ions In Dopamine Release Induced By Sodium Cyanide Perfusion In Rat Striatum,” 32 Neuropharmacolo-gy 681 (1993)). However, the leading textbook notes that “[rjecently, the central role of cytochrome e oxidase inhibition in the toxicity of cyanide has been questioned.” Ex. 64 at 478 (Bryan Ballantyne & Timothy C. Marrs, Clinical and Experimental Toxicology of Cyanides 1987) (citation omitted). The textbook acknowledges that cyanide inhibits many other enzyme systems and biological systems, as defendants contend. Id. at 42, 138, 159. Perhaps not surprisingly, given the range and variation of symptoms shown in cyanide poisoning and given the dispute in the scientific community over the effects of cyanide at the cellular level, each side to this litigation is able to point to various anecdotal accounts and controlled studies in support of its theory. For instance, plaintiffs cite to accounts that show that tetany, followed by collapse and possible seizure activity, has been recorded in humans who ingested cyanide. See Ex. 79 at 395 (Robert F. De Busk & Larry G. Seidl, Attempted Suicide By Cyanide, 110 California Medicine 394 (May 1969)); see also Ex. 64 at 299-30 (Bryan Ballantyne & Timothy C. Marrs, Clinical and Experimental Toxicology of Cyanides 1987) (describing similar reactions in individuals who consumed the cyanide-rich cassava root). Teta-ny has also been observed in monkeys injected with cyanide. See Ex. 106 at 140-41, 152 (J.B. Brierley, et al., Cyanide Intoxication in Macaca Mulatto, 31 Journal of Neurological Sciences 133 (1977)). Moreover, scientific studies support plaintiffs’ theory that individuals deprived of oxygen may fade in and out of consciousness. See Ex. 76 at 397 (David Purser, et al., Intoxication By Cyanide In Fires: A Study In Monkeys Using Polycryl-ontrile, 39 Archives of Environmental Health 394 (November/December 1984)) (reporting waxing and waning of consciousness in hy-poxic monkeys). Although these accounts and studies provide support for plaintiffs’ theory, they are far from conclusive. As plaintiffs themselves concede, it is difficult to extrapolate from animal studies to predict or make conclusions about the effects of cyanide on humans, especially given the lack of systematic studies on humans. See, e.g., 1 RT 81, 84-85 (Olson). Those journal articles that do concern the effects of cyanide on humans are based on post-hoc anecdotal accounts of exposure to unknown amounts of cyanide under uncontrolled circumstances, which limits their usefulness and reliability. See 1 RT 110-11 (Olson); 7 RT 80 (Baskin). In still other studies, additional factors cast doubt on how analogous the studied conditions are to the gas chamber at San Quentin. See, e.g., Ex. 106 (Brierley study) (monkeys that exhibited tetany had been lightly anaesthetized); 6 RT 33-35, 38-39, 56-57 (Baskin) (noting that anaesthesia could have masked other effects); 7 RT 18-19, 284-85 (Baskin) (noting that cassava root incident was anomalous and effects seen could have been due to malnutrition). Similarly, defendants were able to point to studies that indicate a lack of seizure activity, see Ex. A-11A (J.H. Wolfsie & N.J. Linden, Treatment of Cyanide Poisoning in Industry, AMA Archives of Industrial Hygiene and Occupational Medicine); that support the existence of the calcium channel éffeet, see Ex. A-15 (M. Matsumoto et al., “Role of Calcium Ions in Dopamine Release Induced By Sodium Cyanide Perfusion In Rat Striatum,” 32 Neuropharmacology 681 (1993)); and even that suggest cyanide can have an analgesic effect, see Ex. A-14 (V. Tadic et al., “Endogenous Opiodis Release: An Alternative Mechanism of Cyanide Toxicity,” (copy on file with court)). As with plaintiffs’ studies, however, these studies are difficult to analogize to the situation at San Quentin, since they rely on animal data or are otherwise of questionable relevance or reliability. See, e.g., 1 RT 111-12 (Olson) (questioning reliability of anecdotal reports); 7 RT 80 (Baskin) (same); 7 RT 247 (Baskin) (conceding Tadic article was never published in United States and may never have been subjected to peer review process). The court finds that the scientific literature supports the hypothesis, which is for the most part undisputed, that cyanide affects many systems of the body. Although the cytochrome oxidase effect has traditionally been recognized as the chief mechanism by which cyanide acts, the primacy of this effect has been called into question in recent years. Scientists are just now beginning to probe the other effects of cyanide. Few controlled experiments have been performed to document the timing of these various effects, and there are none that can be reliably compared to the conditions at San Quentin. The scientific literature thus cannot answer the key question in this action: which effects are felt first, and whether unconsciousness sets in quickly under the conditions present in the San Quentin gas chamber. B. Lethal Doses Of Inhaled Cyanide Defendants attempted to bolster their theory by reference to the lethal dose of cyanide. In toxicological terminology, an LD-50 is the dose of a poison required to kill 50% of an exposed population. 1 RT 77 (Olson). However, this measure provides no insight into how long it may take for death to occur, nor into the degree of pain experienced during that time. 1 RT 77-79 (Olson); 3 RT 102 (Hall). For obvious reasons, the LD-50 dosage for humans has never been systematically studied, and scientists can only estimate what dose of cyanide may constitute a lethal dose. Estimates of lethal dose levels for humans are generally based on data extrapolated from animals. See, e.g., 6 RT 24-25 (Baskin); Ex. 68 at 11 (Stanford Moore & Marshall Gates, “Hydrogen Cyanide and Cyanogen Chloride,” Chemical Warfare Agents and Related Chemical Problems Summary of Technical Reports of Division 9, NDRC 1946); Ex. 67 at 5, 11, 19 (B.P. McNamara, “Estimates of the Toxicity of Hydrocyanic Acid Vapors in Man,” Edgewood Arsenal Technical Report 1976). Both parties conceded that such extrapolation may compromise the accuracy of any figure. See 7 RT 25 (Baskin). Furthermore, published estimates of lethal dose levels are often calculated for medical assessment purposes or for occupational safety reasons, and therefore may be systematically conservative. The medical and scientific literature is replete with anecdotal studies of individuals who have survived delivery of doses of cyanide that are substantially greater than the general estimates of lethality. See, e.g:, Ex. 65 (Joseph Barcroft, “The Toxicity of Atmospheres Containing Hydro-cyanic Acid Gas,” 31 Journal of Hygiene 1 (1931)); Ex. 64 (Bryan Ballantyne & Timothy C. Marrs, Clinical and Experimental Toxicology of Cyanides 1987); Ex. 79 (Robert F. De Busk & Larry G. Seidl, “Attempted Suicide by Cyanide,” 110 California Medicine 394 (May 1969)). For these reasons, it is impossible to pinpoint the lethal dose level for humans. Defendants’ expert, Dr. Baskin, estimated that the approximate LD-50 dosage for humans is 1.8 milligrams per kilogram of body weight. 6 RT 24-25 (Baskin). In calculating the dosage delivered in the San Quentin gas chamber, Dr. Baskin used the more conservative figure of 2.2 mg/kg that is often cited in the literature on cyanide. See Ex. 67 at 7 (B.P. McNamara, “Estimates of the Toxicity of Hydrocyanic Acid Vapors in Man,” Edge-wood Arsenal Technical Report 1976) (applying Moore & Gates). Based on this figure, Dr. Baskin estimated that a dose of between 4 and 10 LD-50’s is delivered at San Quentin. 7 RT 8, 63-68 (Baskin). Although the precise dose delivered at San Quentin cannot be reliably determined, the court finds it is well in excess of a lethal dose. Although this finding tends to support defendants’ view that death in the gas chamber at San Quentin occurs relatively quickly, it is far from dispositive. Compared to a very small dose of cyanide, which may not cause death until 30 minutes to one hour of exposure, a large dose of cyanide does produce relatively rapid unconsciousness and death. See Ex. 67 (B.P. McNamara, “Estimates of the Toxicity of Hydrocyanic Acid Vapors in Man,” Edgewood Arsenal Technical Report 1976). However, the time increments crucial to this litigation are small — the difference between several seconds and several minutes — and defendants’ evidence does not demonstrate that the dose administered at San Quentin is so strong as to produce immediate unconsciousness and/or death. C. San Quentin Observations Against this backdrop of uncertainty in the scientific community, plaintiffs have presented extensive evidence concerning observations made by witnesses to lethal gas executions, at San Quentin and elsewhere. This evidence includes contemporaneous records made by medical personnel attending executions at San Quentin since 1937, see Ex. 53 (Execution Records), as well as media accounts and accounts of other eyewitnesses. This evidence, too, is sometimes difficult to interpret, as both parties readily conceded. Neither consciousness nor pain is easy to gauge. Actions that appear to be volitional or appear to be a reaction to pain may in fact be unconscious and non-volitional. 1 RT 108-09 (Olson). A physician cannot be certain a person is unconscious unless that person is completely flaccid, with no body movements. 1 RT 98 (Olson). Furthermore, even if a person is conscious, it may be difficult for an observer to tell if that person is experiencing pain, and, if so, the extent of that pain. As one expert put it, there is no “pain-o-meter.” 3 RT 40, 46 (Hall); see also 1 RT 160-61 (Olson). The difficulties of measuring pain and consciousness are compounded by the unnatural context of the San Quentin gas chamber, in which the individual under observation is physically separated from the observer. Under normal clinical circumstances, a physician might attempt to stimulate a patient through touch or sound in order to gauge the level of consciousness. This type of manipulation is not possible during the execution of an inmate. See 4 RT 63-64 (Friedberg). With these caveats in mind, the court finds that all the evidence of eyewitness observations of gas chamber executions is probative, although to varying degrees. The official San Quentin execution records, especially considered in the aggregate, are reliable sources of clinical information. They were created contemporaneously with the actual executions, by trained medical personnel observing the inmates from a distance of only a few feet. Practicing physicians commonly rely on such observations, particularly when the observations are made by medical personnel. 4 RT 63-64 (Freidberg); see also Ex. 84 at 25-26 (Korschner); 1 RT 114, 130, 155 (Olson). As one of defendants’ experts stated, objective observations by medical doctors are better then any theoretical conclusions based on assumptions. 3 RT 118 (Hall); see also 7 RT 285 (Baskin); 1 RT 114 (Olson) (noting superiority of execution records over other evidence). The court finds that the execution records of David Mason and Robert Harris present the most probative evidence of pain and consciousness experienced at San Quentin executions, since these two inmates were executed according to the protocol that is presently under challenge. Although the procedure used in the San Quentin executions from 1937 to 1967 is not known with certainty, the records of those executions are nonetheless highly probative as well. Many of the crucial factors relating to executions at .San Quentin have been unchanged over the decades. The actual gas chamber itself is identical. Moreover, as noted above, Warden Vasquez testified that the protocol presently in place is based on procedures that were in place when the Supreme Court struck down the death penalty in Fur-man. In addition, the form of the execution records maintained by the medical personnel has remained relatively consistent over the years, facilitating easy and accurate comparison to execution records generated under the current protocol. The records provide a space for the attending physician to record, among other occurrences, when the following events occur: “Sodium Cyanide Enters”; “Gas Strikes Prisoner’s Face”; “Prisoner Apparently Unconscious”; and “Prisoner Certainly Unconscious” and “Last Bodily Movement.” As one would expect assuming similar procedures, the observations by medical personnel of the pre-Furman executions are consistent with the observations recorded for the Mason and Harris executions. The court further finds that the observations of lay witnesses (ie., non-medical witnesses) are relevant to a determination of pain and consciousness, although somewhat less probative than the observations of medical personnel. Experts of both parties testified that observations of lay witnesses describing behaviors and movements also constitute objective data upon which medical judgments are based, although they may be less reliable than observations of medical personnel. Ex. 84 at 25-28 (Kirsehner); 1 RT 88-89, 159-62 (Olson); 3 RT 114 (Hall). 1. Execution Of Robert Harris Robert Alton Harris was put to death by administration of lethal gas at San Quentin on April 21, 1992. Dr. Q.E. Crews was the attending physician who filled out Harris’ execution record. Ex. 55A (Harris Execution Record). Crews did not record apparent unconsciousness until two minutes after the cyanide gas hit Harris’ face and did not record certain unconsciousness until one minute later. See id. The media accounts of Harris’ execution are consistent with this record. See generally Ex. 55B (news accounts of Harris execution); Ex. 70 (chart summarizing observations). The media accounts further record movements that appeared to be volitional during this time. For instance, Richard Polito of the Marin Independent Journal reported that Harris raised his head and looked both ways and towards the ceiling more than two minutes after he began inhaling the lethal gas. Ex. 55B (Richard Polito, “Harris saga finally ends,” The Marin Independent Journal, April 22, 1992, p. Al); see also id. (Sam Stanton, “Eyewitness: Harris’ violent life ends quietly,” The Sacramento Bee, April 22, 1992, p. Al) (noting head moving back and forth, deep breaths within two minutes of initial inhalation of lethal gas); Ex. 38 at ¶ 28 (Decl. of Craig W. Haney) (same); 1 RT 94-96 (Olson) (movements described are consistent with consciousness); 7 RT 168-70 (Traystman) (same). 2. Execution of David Mason David Mason was executed in the gas chamber at San Quentin on August 24, 1993. See Ex. 54A (Mason Execution Record). Again, the attending physician was Dr. Crews. Crews did not record apparent unconsciousness until one minute after Mason began breathing the gas; certain unconsciousness was not noted for an additional two minutes. See Ex. 54A (Mason Execution Record). The media observations appear to confirm that consciousness persisted for between one and three minutes. See Ex. 69 (chart summarizing observations); Ex. 54B (Kevin Fagan, “Mason Died As He Said He Would,” San Francisco Chronicle, August 25, 1993, p. Al) (noting unconsciousness after three minutes); id. (David K. Li, “Watching Mason’s Death,” Oakland Tribune, August 25, 1993, p. Al) (suggesting consciousness at least as long). Witnesses also reported apparently volitional acts during this time. See id. (Anne Krueger, “Killer Executed,” San Diego Union-Tribune, August 24, 1993, p. Al) (noting initial deep breaths, “as if he wanted to die quickly,” and slow head movements); id. (Fagan) (noting initial deep breaths); 1 RT 96-99 (Olson) (suggesting media accounts describe conscious behavior). Moreover, many of Mason’s apparently conscious actions appeared to be responses to pain. See Ex. 42 (Li) (noting hands “clenched into tight painful fists”); 4 RT 82 (Friedberg) (clenching of fists is conscious response to pain); Ex. 43 (Ginsburg Deel.) (“His head was thrown back again, his mouth drew open. His eyes closed, his throat looked as if every muscle in it were strained.”); 1 RT 109 (Olson) (describing such a reaction as consistent with painful opisthotonos posturing of tetany). 3. Pre-Furman Executions The records of the executions at San Quentin, made by physicians attending for the express purpose of recording the inmates’ reactions to the execution, reflect that consciousness generally persists anywhere from 15 seconds to one minute after the gas first strikes an inmate’s face. Ex. 53 (Execution Records); see also 4 RT 90 (Friedberg) (average time from when gas strikes face to apparent unconsciousness was 1.57 minutes over 120 executions). In some cases, the attending physicians recorded “apparent unconsciousness” much later. The interval from when the lethal gas struck the inmate’s face to “certain unconsciousness” varies to an even greater degree, with times ranging from 15 seconds to 5 minutes. See Ex. 53 (Execution Records). The times recorded for apparent and certain unconsciousness are supported by notations made by the attending physicians which record movements of seemingly conscious behavior. See Ex. 84 at 30 (Kirschner Testimony) (noting that records of inmates struggling against bonds appear to be conscious activity); 3 RT 116 (Hall) (conceding same). Movements consistent with cyanide-induced tetany have also been recorded during the time of apparent consciousness. 4 RT 75 (Friedberg) (carpal pedal spasms consistent with tetany); 1 RT 109 (Olson) (descriptions of inmates arching back consistent with opis-thotonos posturing of tetany); 4 RT 74-75 (Friedberg) (quivering of jaw observed consistent with trismus, a symptom of tetany). The eyewitness accounts and official medical reports of numerous pre-Furman executions in the San Quentin gas chamber are consistent with the accounts of the executions of Harris and Mason. Many records indicate activities by the inmate that appear to be volitional. For instance, the attending physician recorded that Aaron Mitchell, executed in San Quentin’s gas chamber on April 12, 1967, was apparently conscious at least 3 minutes and possibly 5 minutes after the gas struck his face. See Ex. 62A (Mitchell Execution Record); Ex. 8 (Decl. of Howard Bro-che) (describing “starting]” and clenching hands with thumbs inside during this time); Ex. 28 (Decl. of Charles Raudebaugh) (same); 1 RT 100-01 (Olson) (testifying that such activity is probably volitional); Ex. 36 (Decl. of Lawrence Wilson, former Warden of San Quentin) (head rocked up and down several times). Billy Wesley Monk, executed on November 21, 1961, was described by a San Quentin Correctional Officer as “thrashing about in search of oxygen very much like a fish out of water.” Ex. 3 at 1 (Decl. of Michael William Basten). Caryl Chessman, executed on May 2, 1960, was described as straining violently against the straps, rapidly clenching his hands, and snapping his head back and forth. Ex. 1 at 2-3 (Decl. of John R. Babcock); see also 1 RT 96, 100 (Olson) (looking side to side is consistent with consciousness); 4 RT 82-83 (Traystman) (rapid clenching of hands is consistent with consciousness and pain). For additional instances of similar behavior, see Ex. 53 (Avery Execution Record) (appears to obey officer’s instruction to breathe deeply about one minute after gas strikes prisoner’s face); Id. (Busch Execution Record) (fists clenched one minute after gas strikes face); Id. (Duncan Execution Record) (same); Id. (Dunn Execution Record) (prisoner is “struggling” as gas strikes face); Id. (Santo Execution Record) (“grimaces and strains at chair straps” around time when gas strikes face); Id. (Zil-bauer Execution Record) (hands clenched about 45 seconds after gas strikes face). VIII. Additional Findings The scientific literature, the expert testimony, the eyewitness declarations and, above all, the contemporaneous medical records detailed above compel the conclusion that inmates executed in the gas chamber at San Quentin are not rendered immediately unconscious, as defendants contend. While defendants offered theoretical evidence as to why inmates in the gas chamber should lose consciousness within seconds, they made little attempt to square this theory with the numerous objective eyewitness observations and contemporaneous medical records submitted by plaintiffs. It is theoretically possible to interpret any of the seemingly conscious activities cited above in isolation as the actions of an unconscious inmate. However, the execution records in the aggregate point unmistakably to the conclusion that consciousness persists for a number of seconds, if not minutes, and that pain is experienced during this time. Defendants primarily relied on the testimony of Dr. Baskin. While Dr. Baskin has had a great deal of experience in cyanide research, the court finds that his testimony was based to a large extent on his own theoretical assumptions and that it faded to account for the real-world data of the San Quentin execution records. Most, if not all of the studies that Dr. Baskin has performed, and on which he based his conclusions, were animal studies and/or research designed to develop antidotes or prophylactic agents to be used to counter the effects of cyanide. 5 RT 9, 7 RT 77-84 (Baskin). Dr. Baskin also studied the EKG of Mason’s heart activity during his execution, and claimed to have determined that the electrically regulated “p-wave” was lost and unconsciousness must have set in within 20 to 30 seconds of the first breath of cyanide gas. 5 RT 41-43, 47 (Baskin); see also 5 RT 42-44, 47, 7 RT 38, 82 (Baskin) (testifying about identical p-wave effect in EKGs of North Carolina prisoner and of subjects in Wexler study). As noted above, however, the attending physician at the Mason execution did not record “apparent unconsciousness” until a full minute after the gas hit Mason’s face, and did not note “certain[] unconsciousness” until two additional minutes had elapsed. Dr. Baskin’s post-hoc, theoretical reading of the EKG cannot be considered reliable in the face of contemporaneous accounts of consciousness by the attending physician. Even if Dr. Baskin were correct in the individual case of Mason in concluding that consciousness was lost within a few seconds, the court finds it impossible to extend this conclusion to all of the execution records. After a certain point, Dr. Baskin’s attempt to explain away all of the possibly conscious activity begins to look less like the rational thought process of a detached scientist and more like the biased rationalizations of a professional who is wedded to his own particular theories. See, e.g., 7 RT 266-68 (Bas-kin) (discussing Harris execution). This is especially so given that defendants’ theory that cyanide affects other systems of the body sooner than the cytochrome oxidase system is precisely that: a theory. Defendants concede that the cytochrome oxidase effect does occur. See 5 RT 28 (Baskin); Ex. A-7 (Baskin’s schematic, listing cytochrome oxidase as “a primary toxic site”). Dr. Bas-kin even conceded that medical schools currently teach this theory. 5 RT 21-22 (Bas-kin). Although Dr. Baskin disputed the primacy of cytochrome oxidase, he also stated, “I’m not sure what the primary toxic site is exactly.” 5 RT 21 (Baskin). Given this uncertainty, Dr. Baskin’s, and defendants’, adamant position in the face of the eyewitness observations of actual inmate executions is somewhat surprising. In a particularly revealing moment in the testimony, Dr. Baskin was questioned about his refusal to euthanize rabbits for experiments by injecting them with air bubbles, after watching such a form of euthanasia on one occasion. Dr. Baskin conceded that he did not run an objective test to determine whether the injected rabbit was experiencing pain (i.e., the “tail flick test”). Rather, in response to counsel’s question, “[H]ow do you know it was a painful death?”, Dr. Bas-kin responded “[y]ou had to be there,” and explained that seeing the animal and hearing the sounds it made was enough to convince him that the manner of death was painful. 7 RT 269 (Baskin). The court recognizes, as do all the experts and the scientific literature, that appearances of pain and consciousness can be deceiving. Nonetheless, in some cases scientists and medical personnel are forced to rely on objective appearances as a measure of pain. Unfortunately, Dr. Baskin displayed greater familiarity with this phenomenon as it related to rabbits than to human beings. In sum, based on the evidence presented at trial, the testimony of the experts and the scientific literature introduced as exhibits, the court finds that inmates who are put to death in the gas chamber at San Quentin do not become immediately unconscious upon the first breath of lethal gas. The court further finds that an inmate probably remains conscious anywhere from 15 seconds to one minute, and that there is a substantial likelihood that consciousness, or a waxing and waning of consciousness, persists for several additional minutes. During this time, the court finds that inmates suffer intense, visceral pain, primarily as a result of lack of oxygen to the cells. The experience of “air hunger” is akin to the experience of a major heart attack, or to being held under water. See 1 RT 145 (Olson). Other possible effects of the cyanide gas include tetany, an exquisitely painful contraction of the muscles, and painful build-up of lactic acid and adrenaline. Cyanide-induced cellular suffocation causes anxiety, panic, terror, and pain. See, e.g., 4 RT 78 (Freidberg); 7 RT 205 (Traystman); Ex. 84 at 21, 44 (Kirschner); 1 RT 101, 149-50 (Olson). IX. Legislative Trends In The United States Regarding Execution Methods In addition to evidence concerning the pain experienced by inmates in the San Quentin gas chamber, plaintiffs also presented evidence concerning the trend away from use of the gas chamber as a means of execution. This evidence was presented through the testimony of plaintiffs’ expert Franklin E. Zimring. Mr. Zimring is the Simon Law Professor of Law and the Director of the Earl Warren Legal Institute at the University of California, Berkeley. 3 RT 138 (Zimring); Ex. 98 at 1 (Zimring Curriculum Vitae). Professor Zimring rece