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Untested drugs, secret sources: the controversy over executions rages on Untested drugs, secret sources: the controversy over executions rages on
(about 5 hours later)
Untested drugs from secret sources have given an Oklahoma prisoner at least 37 days more to live, as the governor ordered an inquiry into the legality of the drugs and again raised questions about the drugs’ origins.Untested drugs from secret sources have given an Oklahoma prisoner at least 37 days more to live, as the governor ordered an inquiry into the legality of the drugs and again raised questions about the drugs’ origins.
What went wrongWhat went wrong
About an hour before Richard Glossip’s scheduled execution on Wednesday, governor Mary Fallin issued a 37-day stay due to “last-minute questions” about “Oklahoma’s execution protocol and the chemicals used for lethal injection”. Prison officials intended to kill Glossip, a 52-year-old convicted murderer, with an injection cocktail of a sedative, paralytic and finally a drug to stop the heart.About an hour before Richard Glossip’s scheduled execution on Wednesday, governor Mary Fallin issued a 37-day stay due to “last-minute questions” about “Oklahoma’s execution protocol and the chemicals used for lethal injection”. Prison officials intended to kill Glossip, a 52-year-old convicted murderer, with an injection cocktail of a sedative, paralytic and finally a drug to stop the heart.
Only one of the three drugs, the paralytic, is relatively uncontroversial. The sedative midazolam was involved in three prolonged and gruesome executions last year, including the killing of Oklahoma inmate Clayton Lockett, who writhed and groaned for more than 40 minutes after injections were administered. After Glossip and other inmates argued to the supreme court that the painkiller rendered execution unconstitutionally cruel, the justices decided 5-4 to allow the drug.Only one of the three drugs, the paralytic, is relatively uncontroversial. The sedative midazolam was involved in three prolonged and gruesome executions last year, including the killing of Oklahoma inmate Clayton Lockett, who writhed and groaned for more than 40 minutes after injections were administered. After Glossip and other inmates argued to the supreme court that the painkiller rendered execution unconstitutionally cruel, the justices decided 5-4 to allow the drug.
But the controversial drug in Glossip’s current case is the third chemical, potassium acetate, which Oklahoma acquired as a substitute for potassium chloride, the salt usually used to overload a human body with potassium and stop the heart. Justice Elena Kagan, who voted against allowing the sedative, noted last year that people have compared the experience of potassium chloride injection to “being burned alive from the inside”.But the controversial drug in Glossip’s current case is the third chemical, potassium acetate, which Oklahoma acquired as a substitute for potassium chloride, the salt usually used to overload a human body with potassium and stop the heart. Justice Elena Kagan, who voted against allowing the sedative, noted last year that people have compared the experience of potassium chloride injection to “being burned alive from the inside”.
What’s the difference?What’s the difference?
While from the same chemical family, potassium acetate is less concentrated than its chloride counterpart, and the acetate acts as a buffer; pharmacologist David Kroll wrote in Forbes that it would take 20% more potassium acetate to induce cardiac arrest. The sudden nature of the governor’s stay, along with the usual concentrations that potassium acetate is sold, suggest that officials somewhere may have miscalculated the necessary dosage – a mistake that could have contributed to an extended, painful and possibly illegal execution.While from the same chemical family, potassium acetate is less concentrated than its chloride counterpart, and the acetate acts as a buffer; pharmacologist David Kroll wrote in Forbes that it would take 20% more potassium acetate to induce cardiac arrest. The sudden nature of the governor’s stay, along with the usual concentrations that potassium acetate is sold, suggest that officials somewhere may have miscalculated the necessary dosage – a mistake that could have contributed to an extended, painful and possibly illegal execution.
None of Oklahoma’s possible execution protocols use potassium acetate.None of Oklahoma’s possible execution protocols use potassium acetate.
Lawyers are challenging secret drugsLawyers are challenging secret drugs
While Fallin has promised an internal inquiry into the legality of the drug, Oklahoma is one of many states with an almost entirely opaque execution process. Last April, the state’s supreme court ruled that a secrecy law was constitutional, allowing drug suppliers to remain anonymous.While Fallin has promised an internal inquiry into the legality of the drug, Oklahoma is one of many states with an almost entirely opaque execution process. Last April, the state’s supreme court ruled that a secrecy law was constitutional, allowing drug suppliers to remain anonymous.
In Virginia, a federal court postponed the execution of Alfredo Prieto on Wednesday after his attorneys sought to learn the original source of the pentobarbital the state intended to use on the death row inmate. Virginia received three vials of the drug from officials at the Texas department of corrections, who have refused to reveal where it got the drug. In 2013, Virginia officials gave Texas pentobarbital for use in its own executions.In Virginia, a federal court postponed the execution of Alfredo Prieto on Wednesday after his attorneys sought to learn the original source of the pentobarbital the state intended to use on the death row inmate. Virginia received three vials of the drug from officials at the Texas department of corrections, who have refused to reveal where it got the drug. In 2013, Virginia officials gave Texas pentobarbital for use in its own executions.
Convicted of four murders, Prieto is now scheduled to die at 9pm ET Thursday, pending a judge’s decision on whether Virginia “recklessly” obtained the drugs.Convicted of four murders, Prieto is now scheduled to die at 9pm ET Thursday, pending a judge’s decision on whether Virginia “recklessly” obtained the drugs.
In Arkansas, eight death row inmates sued the state this week over yet another secrecy law, also challenging the controversial painkiller. “Midazolam cannot, at any dosage, render a person unconscious and insensate to pain,” they argue in a complaint, “and the other drugs in the listed protocol indisputably cause extreme pain and suffering.”In Arkansas, eight death row inmates sued the state this week over yet another secrecy law, also challenging the controversial painkiller. “Midazolam cannot, at any dosage, render a person unconscious and insensate to pain,” they argue in a complaint, “and the other drugs in the listed protocol indisputably cause extreme pain and suffering.”
Georgia prison officials executed Kelly Gissendaner on Wednesday after the US supreme court rejected her argument that not knowing where her execution drugs came from would subject her to cruel and unusual punishment. The state had postponed her execution in August after finding, only hours before taking her to the death chamber, that the pentobarbital appeared “cloudy”.Georgia prison officials executed Kelly Gissendaner on Wednesday after the US supreme court rejected her argument that not knowing where her execution drugs came from would subject her to cruel and unusual punishment. The state had postponed her execution in August after finding, only hours before taking her to the death chamber, that the pentobarbital appeared “cloudy”.
Struggle obtaining drugsStruggle obtaining drugs
The promise of secrecy has not been enough to keep lethal drugs in steady supply for prison officials around the country, however. European drug companies largely boycott selling drugs to prisons, and state has begun to run out of supplies, resorting to untested cocktails as alternatives.The promise of secrecy has not been enough to keep lethal drugs in steady supply for prison officials around the country, however. European drug companies largely boycott selling drugs to prisons, and state has begun to run out of supplies, resorting to untested cocktails as alternatives.
Gissendaner and Glossip’s cases have drawn renewed attention to capital punishment in the US thanks to appeals by a number of prominent figures. After his visit to the country last week, Pope Francis asked Georgia to commute Gissendaner’s sentence, and a motley group of nuns, a former senator and an airline billionaire have pleaded on behalf of Glossip.Gissendaner and Glossip’s cases have drawn renewed attention to capital punishment in the US thanks to appeals by a number of prominent figures. After his visit to the country last week, Pope Francis asked Georgia to commute Gissendaner’s sentence, and a motley group of nuns, a former senator and an airline billionaire have pleaded on behalf of Glossip.
Glossip maintains his innocence in the 1997 murder of Barry Van Treese, an Oklahoma City motel owner who was bludgeoned to death by Justin Sneed. The key witness in two trials that never used physical evidence to tie Glossip to the murder, Sneed testified that Glossip persuaded him to murder Van Treese for the owner’s money. Sneed is serving a life sentence, and Glossip’s new execution date is 6 November.Glossip maintains his innocence in the 1997 murder of Barry Van Treese, an Oklahoma City motel owner who was bludgeoned to death by Justin Sneed. The key witness in two trials that never used physical evidence to tie Glossip to the murder, Sneed testified that Glossip persuaded him to murder Van Treese for the owner’s money. Sneed is serving a life sentence, and Glossip’s new execution date is 6 November.
Oklahoma’s department of corrections said on Wednesday that it plans to hold two other executions scheduled in October, of Benjamin Cole and John Grant, as scheduled. Oklahoma’s department of corrections said on Wednesday that it will seek to postpone two other executions scheduled in October, of Benjamin Cole and John Grant.