OKLAHOMA CITY (KFOR) — The Trial to decide the legality of Oklahoma’s execution protocol went into its second week, on Monday.

A lawsuit filed in U.S. District Court by 26 death row inmates says Oklahoma’s three drug cocktail does not prevent extreme pain and results in cruel and unusual punishment.

Monday Judge Stephen P. Friot said he took 103 pages of handwritten notes during this 6-day trial. Friot says new information, experts and data had been introduced from both sides during the proceedings than any other similar trial nationwide.

As for Monday’s proceedings downtown, Plaintiff’s attorneys picking up  the cross examination of Dr. Ervin Yen.

The long time Oklahoma anesthesiologist was hired by the state to be at three of the four recent executions.

The former state senator and gubernatorial candidate testifying that Midazolam, the first of that three drug cocktail, performed as it should in the executions he witnessed. 

When asked if inmates died of asphyxiation because that causes pain, Yen saying possibly, but only after the patient would have been completely unconscious. 

Attorneys also pouring over EKG data and multiple journal studies and medical texts with Dr. Yen. But Yen saying comparing those to Oklahoma’s lethal injection protocols was like comparing ‘apples and oranges’.

After a short break, closing argument began with attorney Jim Stronski arguing that the plaintiffs, through expert testimony, proved that Oklahoma’s 3 drug cocktail causes extreme pain and suffering.

Stronski saying that Midazolam does not achieve general anesthesia and does not protect the inmate from the extreme burning sensation that would be caused by the final drug potassium chloride. Stronski calling it “a 21st century burning at the stake.”

But attorneys for the state say that the plaintiffs did not prove that the three drug cocktail violates the 8th amendment of cruel and unusual punishment. They cite that the FDA does certify that Midazolam does induce General Anesthesia, and general anesthesia means no pain can be felt. State attorneys also reinforced that officials during the recent executions said there was no response from the inmates when doing pain tests after midazolam was administered.

The controversy first unfolded in 2014, after the state injected Clayton Lockett with a new three-drug cocktail. The sedated 38-year-old woke up, twitching and convulsing on the table, before dying 43 minutes after injection of a heart attack.

An autopsy later showed a collapsed vein caused the drugs to leak into the tissue instead of the bloodstream.

Nine months later, Charles Warner was scheduled to be the next person the state would execute. However, a drug mix-up caused the 47-year-old to be given potassium acetate, rather than potassium chloride. Warner is reported to have said “My body is on fire” before dying 18 minutes later.

The judge saying that proper legal procedure will be followed as the trial wrapped up. That means it will be at least be 30 days before we have a decision.