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As Execution Looms, South Carolina Wants Drug Makers to Be Anonymous South Carolina Is Out of Execution Drugs. Lawmakers Hope Secrecy Will Help.
(about 20 hours later)
With South Carolina preparing for its first execution in more than six years, Gov. Henry McMaster urged legislators this week to quickly pass a new law that would shield the identities of companies that supply drugs used for lethal injections.With South Carolina preparing for its first execution in more than six years, Gov. Henry McMaster urged legislators this week to quickly pass a new law that would shield the identities of companies that supply drugs used for lethal injections.
South Carolina is one of more than a dozen states that have some form of secrecy procedures that protect those involved in carrying out executions, including one allowing employees who work on them to remain anonymous. But it does not have a so-called shield law that would ensure that companies that supply, distribute and mix the drugs used in lethal injections remain publicly unidentified.South Carolina is one of more than a dozen states that have some form of secrecy procedures that protect those involved in carrying out executions, including one allowing employees who work on them to remain anonymous. But it does not have a so-called shield law that would ensure that companies that supply, distribute and mix the drugs used in lethal injections remain publicly unidentified.
“They are afraid that their names will be made known, and they don’t want to have anything to do with it for fear of retribution, or exposure of themselves, their families, their businesses,” Mr. McMaster said. “All perfectly good reasons.”“They are afraid that their names will be made known, and they don’t want to have anything to do with it for fear of retribution, or exposure of themselves, their families, their businesses,” Mr. McMaster said. “All perfectly good reasons.”
Mr. McMaster spoke at a news conference on Monday with the director of the state’s Department of Corrections, Bryan Stirling, to press the case for the shield law after the department received an order from the State Supreme Court setting a Dec. 1 execution date for Bobby Wayne Stone, 52, who was convicted in 1997 of killing a sheriff’s deputy, Sgt. Charles Kubala.Mr. McMaster spoke at a news conference on Monday with the director of the state’s Department of Corrections, Bryan Stirling, to press the case for the shield law after the department received an order from the State Supreme Court setting a Dec. 1 execution date for Bobby Wayne Stone, 52, who was convicted in 1997 of killing a sheriff’s deputy, Sgt. Charles Kubala.
But the officials said they were concerned that the absence of such a law was making it difficult for the state to procure the drugs it needs — including pentobarbital, pancuronium bromide and potassium chloride — after its stocks of the drugs expired.But the officials said they were concerned that the absence of such a law was making it difficult for the state to procure the drugs it needs — including pentobarbital, pancuronium bromide and potassium chloride — after its stocks of the drugs expired.
There are 39 inmates on death row in South Carolina, and Mr. Stone’s execution date marked the state’s first scheduled execution since 2011, The Associated Press reported. But after the news conference on Monday, the state agreed to a motion from Mr. Stone’s lawyer to stay the execution pending a federal appeal, according to a United States District Court document.There are 39 inmates on death row in South Carolina, and Mr. Stone’s execution date marked the state’s first scheduled execution since 2011, The Associated Press reported. But after the news conference on Monday, the state agreed to a motion from Mr. Stone’s lawyer to stay the execution pending a federal appeal, according to a United States District Court document.
“We did not contest it,” Robert Kittle, the communications director for the State Attorney General’s Office, said in an interview on Tuesday, adding that the decision was “tied together” with the state’s inability to procure the necessary drugs.“We did not contest it,” Robert Kittle, the communications director for the State Attorney General’s Office, said in an interview on Tuesday, adding that the decision was “tied together” with the state’s inability to procure the necessary drugs.
“I don’t know whether we would have contested his motion for a stay anyway since he has a federal appeal left,” Mr. Kittle said. “Since we can’t carry out the execution anyway, there is no reason we can contest it.”“I don’t know whether we would have contested his motion for a stay anyway since he has a federal appeal left,” Mr. Kittle said. “Since we can’t carry out the execution anyway, there is no reason we can contest it.”
Jeffrey Taillon, a spokesman for the Corrections Department, said in an emailed statement on Tuesday, “The S.C. Department of Corrections will remain focused on working with Governor McMaster and the legislature to pass a Shield Law.”Jeffrey Taillon, a spokesman for the Corrections Department, said in an emailed statement on Tuesday, “The S.C. Department of Corrections will remain focused on working with Governor McMaster and the legislature to pass a Shield Law.”
Although death row inmates can also choose the electric chair, Mr. Stone chose to be executed by lethal injection.Although death row inmates can also choose the electric chair, Mr. Stone chose to be executed by lethal injection.
“We are asking them to pass the law in the upcoming session,” Mr. Stirling said.“We are asking them to pass the law in the upcoming session,” Mr. Stirling said.
In South Carolina, two bills for a shield law were introduced in 2015 and 2016, but neither was voted on in the full assembly.In South Carolina, two bills for a shield law were introduced in 2015 and 2016, but neither was voted on in the full assembly.
Thirty-one states in the United States have the death penalty. In 2016, there were 20 executions in the country, down from 28 in 2015, according to the Death Penalty Information Center, a nonprofit research group that opposes capital punishment.Thirty-one states in the United States have the death penalty. In 2016, there were 20 executions in the country, down from 28 in 2015, according to the Death Penalty Information Center, a nonprofit research group that opposes capital punishment.
Georgia, with nine, and Texas, with seven, accounted for the bulk of executions in 2016, while Alabama carried out two, and Missouri and Florida had one each.Georgia, with nine, and Texas, with seven, accounted for the bulk of executions in 2016, while Alabama carried out two, and Missouri and Florida had one each.
Robert Dunham, the executive director of the Death Penalty Information Center, said the renewed push in South Carolina came as executions and public support for capital punishment in the United States have been falling.Robert Dunham, the executive director of the Death Penalty Information Center, said the renewed push in South Carolina came as executions and public support for capital punishment in the United States have been falling.
“States have been criticized for their tactics in trying to scare legislatures into passing secrecy laws that prevent the public in having meaningful oversight into executions,” he said.“States have been criticized for their tactics in trying to scare legislatures into passing secrecy laws that prevent the public in having meaningful oversight into executions,” he said.