mr. mcguire we argued that midazolam was likely to leave him in severe pain, almost torture, as if he were drowning or unable to breathe and choking and gasping for air. >> but arguing the dangers of midazolam presented an unnerving catch-22. >> the burden of proof is so high to show that it's going to go bad it actually has to go bad. >> the judge said that this was clearly an experiment. but he likewise said that the inmate was not entitled to a pain free execution. >> the federal court has ruled that they believe the execution will be humane. if i believe that it would not be, we would not be proceeding. dennis mcguire was led into the execution chamber on january 16, 2014. >> dennis mcguire had a very brief but emotional final statement. he said he was sorry for what he had done, and he apologized to the family. he mentied the son and daughter who were there and how