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| Texas prison officials ordered to reveal source of lethal injection drugs | Texas prison officials ordered to reveal source of lethal injection drugs |
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| A judge has ordered Texas prison officials to reveal the supplier of the lethal injection drugs to be used to execute two men next month, but stopped short of making the information public. | A judge has ordered Texas prison officials to reveal the supplier of the lethal injection drugs to be used to execute two men next month, but stopped short of making the information public. |
| The ruling in a district court in Austin on Thursday came after attorneys for the men filed a lawsuit against the Texas Department of Criminal Justice (TDCJ) arguing that knowing the provenance of the drugs and their purity was vital to determining whether the inmates might be subjected to unconstitutional levels of pain during their executions. | The ruling in a district court in Austin on Thursday came after attorneys for the men filed a lawsuit against the Texas Department of Criminal Justice (TDCJ) arguing that knowing the provenance of the drugs and their purity was vital to determining whether the inmates might be subjected to unconstitutional levels of pain during their executions. |
| The outcome follows a decision on Wednesday in Oklahoma in which a judge found that a state law keeping the source of lethal injection drugs a secret to be unconstitutional and in violation of inmates' right to due process.“The ruling signals, as other courts have done recently, that it is unacceptable to keep prisoners or the public in the dark regarding how executions are carried out – including the source of the drugs,” Maurie Levin, a lawyer for the Texas pair, Tommy Sells and Ramiro Hernandez, said in a statement. | |
| The judge issued a protective order meaning that Texas officials must provide details to the inmates’ lawyers but the information will not be made available to the public, at least for the time being. | The judge issued a protective order meaning that Texas officials must provide details to the inmates’ lawyers but the information will not be made available to the public, at least for the time being. |
| “Secrecy surrounding the lethal injection process is, as today’s ruling shows, unacceptable. The condemned must have clear information about the drugs to be used, so that the courts can make an accurate assessment of the viability and constitutionality of any impending execution,” said Levin. | “Secrecy surrounding the lethal injection process is, as today’s ruling shows, unacceptable. The condemned must have clear information about the drugs to be used, so that the courts can make an accurate assessment of the viability and constitutionality of any impending execution,” said Levin. |
| “In particular, pentobarbital for lethal injections now comes from compounding pharmacies, which are coming under increased scrutiny precisely because they are not adequately regulated. Indeed, executions carried out with compounded drugs in other states have led in some instances to prolonged and seemingly torturous executions.” | “In particular, pentobarbital for lethal injections now comes from compounding pharmacies, which are coming under increased scrutiny precisely because they are not adequately regulated. Indeed, executions carried out with compounded drugs in other states have led in some instances to prolonged and seemingly torturous executions.” |
| "We are disappointed in the district court's decision and will be appealing the ruling to a higher court," Jason Clark, a TDCJ spokesman, told the Guardian. | |
| Texas officials told the Associated Press last week that they had obtained a fresh supply of pentobarbital but refused to provide further details. Sells and Hernandez are the first two Texas inmates scheduled to be put to death using the new batch. Sells is set to die on 3 April for slashing two girls’ throats in 1999, killing one, and Hernandez six days later for beating a man to death in 1997. | Texas officials told the Associated Press last week that they had obtained a fresh supply of pentobarbital but refused to provide further details. Sells and Hernandez are the first two Texas inmates scheduled to be put to death using the new batch. Sells is set to die on 3 April for slashing two girls’ throats in 1999, killing one, and Hernandez six days later for beating a man to death in 1997. |
| The fourth Texas execution of the year, using the last of the old batch of drugs, is scheduled for tonight at 6pm CT: Anthony Doyle, who beat to death a woman as she tried to deliver food in 2003. Another five are scheduled between next week and 21 May. | The fourth Texas execution of the year, using the last of the old batch of drugs, is scheduled for tonight at 6pm CT: Anthony Doyle, who beat to death a woman as she tried to deliver food in 2003. Another five are scheduled between next week and 21 May. |
| The source of Texas's supply is of particular interest since the state runs by far the nation's busiest death chamber. Of the 39 executions in the US last year, 16 were in Texas. Also, despite the large amounts it needs, Texas has been successful at finding new stocks while others have struggled. | The source of Texas's supply is of particular interest since the state runs by far the nation's busiest death chamber. Of the 39 executions in the US last year, 16 were in Texas. Also, despite the large amounts it needs, Texas has been successful at finding new stocks while others have struggled. |
| Oklahoma postponed two executions planned for this month because it ran out of drugs. Alabama officials said this week that the state is no longer able to carry out executions because it is out of pentobarbital. | Oklahoma postponed two executions planned for this month because it ran out of drugs. Alabama officials said this week that the state is no longer able to carry out executions because it is out of pentobarbital. |
| Both states use the sedative as part of a three-drug protocol. Shortages forced Texas to change its lethal injection protocol in July 2012, switching from a three-drug cocktail to using only pentobarbital. It became the sedative of choice for several states after sodium thiopental became impossible to source. | Both states use the sedative as part of a three-drug protocol. Shortages forced Texas to change its lethal injection protocol in July 2012, switching from a three-drug cocktail to using only pentobarbital. It became the sedative of choice for several states after sodium thiopental became impossible to source. |
| In 2011 a Danish manufacturer of pentobarbital stopped supplying it for use in executions, prompting states to turn to compounding pharmacies. These make up bespoke prescriptions and are regulated by individual states, not the federal Food and Drug Administration. | In 2011 a Danish manufacturer of pentobarbital stopped supplying it for use in executions, prompting states to turn to compounding pharmacies. These make up bespoke prescriptions and are regulated by individual states, not the federal Food and Drug Administration. |
| Lawyers for death row inmates and anti-death penalty groups claim that this means that regulatory standards for compound pharmacies are variable and often lax, so the quality and consistency of lethal injection drugs cannot be guaranteed. This, they say, risks causing excessive suffering that would be a breach of the Eighth Amendment of the US Constitution, which bans "cruel and unusual" punishments. | Lawyers for death row inmates and anti-death penalty groups claim that this means that regulatory standards for compound pharmacies are variable and often lax, so the quality and consistency of lethal injection drugs cannot be guaranteed. This, they say, risks causing excessive suffering that would be a breach of the Eighth Amendment of the US Constitution, which bans "cruel and unusual" punishments. |
| In January this year an Oklahoma prisoner, Michael Lee Wilson, said he felt "my whole body burning" on the gurney. | In January this year an Oklahoma prisoner, Michael Lee Wilson, said he felt "my whole body burning" on the gurney. |
| Amid the desperate scramble to procure drugs and carry out executions as planned, some states have started to modify their protocols to allow the use of untested combinations. The execution of Dennis McGuire in Ohio in January using an experimental two-drug mix was controversial after his death took about 25 minutes and appeared to be painful. Last month a court ordered Louisiana to postpone an execution for 90 days in order to review the state's planned new drug protocol. | Amid the desperate scramble to procure drugs and carry out executions as planned, some states have started to modify their protocols to allow the use of untested combinations. The execution of Dennis McGuire in Ohio in January using an experimental two-drug mix was controversial after his death took about 25 minutes and appeared to be painful. Last month a court ordered Louisiana to postpone an execution for 90 days in order to review the state's planned new drug protocol. |
| A Guardian investigation into Texas executions found that they take far longer on average, and their durations vary wildly, since the switch to using only pentobarbital. The state started using compounded pentobarbital from a pharmacy in suburban Houston last year. After the name of the pharmacy was revealed, court documents showed that it tried to get the vials back, claiming it had been promised anonymity. | A Guardian investigation into Texas executions found that they take far longer on average, and their durations vary wildly, since the switch to using only pentobarbital. The state started using compounded pentobarbital from a pharmacy in suburban Houston last year. After the name of the pharmacy was revealed, court documents showed that it tried to get the vials back, claiming it had been promised anonymity. |
| As public scrutiny of lethal injection methods and supplies has grown, some states have responded by attempting to cloak the procurement process in greater secrecy, claiming, like Texas, that drug-makers increasingly need to be protected from harassment and threats of violence. Alabama lawmakers are currently considering a bill that would make suppliers' names a secret. | As public scrutiny of lethal injection methods and supplies has grown, some states have responded by attempting to cloak the procurement process in greater secrecy, claiming, like Texas, that drug-makers increasingly need to be protected from harassment and threats of violence. Alabama lawmakers are currently considering a bill that would make suppliers' names a secret. |
| In their court filing, lawyers for Sells and Hernandez argued: "Because compounding pharmacies operate outside of FDA oversight, it is especially important for TDCJ to disclose essential information about the compounded pentobarbital or drugs it uses, including where the compounded pentobarbital comes from, how it was prepared and who has tested it, so that the representations made about the drug can be properly evaluated to ensure the execution will be carried out in a manner that comports with the constitution.” | In their court filing, lawyers for Sells and Hernandez argued: "Because compounding pharmacies operate outside of FDA oversight, it is especially important for TDCJ to disclose essential information about the compounded pentobarbital or drugs it uses, including where the compounded pentobarbital comes from, how it was prepared and who has tested it, so that the representations made about the drug can be properly evaluated to ensure the execution will be carried out in a manner that comports with the constitution.” |