Missouri

Missouri

Lethal Injection Developments Around the Country

Controversies surrounding lethal injections continue in many parts of the country. In Georgia, the legislature passed a bill to classify the names of those involved in executions as “state secrets.” The bill requires the identity of any entity that “manufactures, supplies, compounds or prescribes” lethal injection drugs to be kept secret. In Arkansas, a state judge ruled that death row inmates cannot use the state's Freedom of Information Act to obtain information about the source, history, or quality of the drugs the state will use during execution. An attorney for the inmates claimed they should have a right to the information because of problems with drugs obtained in the past. On March 25, a federal appeals court heard arguments in a case involving death row inmates from across the country arguing that the Food and Drug Administration acted inappropriately in 2010 when it allowed some states to import lethal injection drugs from foreign sources. Eric Shumsky, an attorney representing the inmates, said, “This case is … about ensuring that illegal drugs are not used in carrying out otherwise legal executions.” Also recently, the Israel-based drug company Teva announced that it would resume manufacturing the sedative propofol, but would not allow its use in executions. Missouri has proposed using propofol for its executions.

NEW VOICES: Missouri Senator Supports Death Penalty Repeal

Missouri State Senator Gina Walsh recently voiced her support for Senate Bill 247, a bill to repeal the death penalty and replace it with life without parole. Sen. Walsh cited the lack of deterrence and unfairness as her primary concerns about capital punishment. "It doesn't deter crime. It discriminates against racial minorities and poor people who can't afford attorneys,” Walsh said. The bill was recently heard in the Judiciary and Civil and Criminal Jurisprudence Committee of the senate. Missouri has carried out two executions since 2005, and 68 since 1976. The state ranks 5th in the country in executions. Sen. Walsh called the death penalty “as much of a pro-life issue as abortion.” Although she said she was aware many of her constituents would not agree with her, she said, "I think when people are educated, support for the death penalty diminishes substantially. I don't think I could sit, as a human being, on a jury...and put someone to death."

LETHAL INJECTION: Manufacturer of Proposed Execution Drug Blocks Its Use

The main supplier to the U.S. of a drug proposed for lethal injections has announced it will not allow the drug to be sold for executions. Fresenius Kabi USA, a German-based company with offices in Illinois, issued a statement forbidding the sale of propofol to correctional institutions for death penalty use. Earlier in 2012, Missouri announced it intended to switch to propofol as the sole drug in its lethal injection protocol, becoming the first state to do so. Fresenius Kabi officials reacted with a statement: “Fresenius Kabi objects to the use of its products in any manner that is not in full accordance with the medical indications for which they have been approved by health authorities. Consequently, the company does not accept orders for propofol from any departments of correction in the United States. Nor will it do so." Missouri, like most states with the death penalty, had been using sodium thiopental as the first drug in a three-drug protocol. Supplies of the drug expired or ran out, forcing states to seek alternatives. Some states replaced sodium thiopental with pentobarbital, but supplies of that drug have also dwindled after its manufacturer announced it will restrict the drug's sale for similar reasons. Read full statement from Fresenius Kabi.

Prosecution of Reggie Clemons in Missouri to be Subject of Special Death Penalty Hearing

Reggie Clemons has been on Missouri's death row for 19 years for the murder of two young white women.  He has already come close to execution, and one of the co-defendants in the case has been executed. Clemons' conviction was based partly on his confession to rape that he says was beaten out of him by the police.  Other testimony against Clemons came from his co-defendants.  Of the four men charged with the murders, three were black and one was white.  The white co-defendant is already out on parole.  Because of doubts that have arisen about the validity of his conviction, a special hearing will be held on September 17 to determine whether crucial errors were made in prosecuting Clemons.  The special master presiding at the hearing will then present a recommendation to the Missouri Supreme Court. Clemons’ lawyers are expected to present new evidence that supports his assertion that he was physically beaten into making a confession, and that the coerced confession should not have been admitted at trial. Other issues likely to be raised include the prosecution’s failure to disclose a rape kit to defense lawyers, and that the manner in which the jury was selected was later ruled unconstitutional. (Ed Pilkington of The Guardian discusses his investigation into the case in the accompanying video.)

United Kingdom Acts to Ban Export of Lethal Injection Drug

The United Kingdom has introduced restictions on the exportation of propofol after officials in Missouri announced they would begin using the anesthetic in executions. Exports of sodium thiopental, another anesthetic previously used in executions, were restricted after several states obtained that drug from DreamPharma, a drug company run out of the back of a driving school in London. Vince Cable, the U.K. Business Secretary, said, "This country opposes the death penalty. We are clear that the state should never be complicit in judiciary executions through the use of British drugs in lethal injections." The ban will not prevent export of the drug for medical purposes.

Missouri is the first state to announce its intention to use propofol in executions. All executions in 2012 have used the anesthetic pentobarbital. Lundbeck, Inc., the Danish producer of pentobarbital, announced restrictions on its distribution to avoid its use in lethal injections. Recently, manufacturing rights were transferred to a U.S. company, Akorn, Inc., but restrictions on pentobarbital's use were to stay in place.  This week, Texas announced that it will begin using pentobarbital in a new one-drug protocol for executions.  Four other states have already used a one-drug procedure.  Oklahoma, which had previously stated that it had only enough pentobarbital for one more execution, announced on July 11 that it had acquired 20 additional doses from an unnamed source.

LETHAL INJECTION: Missouri Intends to Use Propofol in One-Drug Lethal Injection

The Missouri Department of Corrections has announced that it is switching from a three-drug lethal injection protocol to a single-drug method, using Propofol. Missouri would be the first state to use Propofol (Diprivan) as an execution drug.The drug is manufactured by AstraZeneca. At least one medical expert has questioned whether the new execution drug is appropriate. Missouri’s written protocol does not require a physician to be a part of the execution team. Dr. Jonathan Groner, an Ohio State University surgeon who has studied lethal injection extensively, said that improper administration of the drug could cause pain at the injection site. Dr. Groner said high doses of Propofol will cause respiratory arrest, but the dosage must be accurate and the process must move swiftly because the drug wears off in just a few minutes. According to Dr. Groner, "If they start breathing before the heart stops, they might not die.” It is not clear when Propofol would first be used in an execution.  Missouri has scheduled an execution for August 3, but some appeals remain.  The state has carried out only two executions in the last seven years.

EDITORIALS: "Shortage of Key Drugs May Suspend Death Penalty in Missouri"

The St. Louis Post-Dispatch urged Missouri to end its death penalty as the system has ground to a halt because of controversies involving its method of execution. On May 8, a federal appeals court declined to rule on a challenge to the state’s lethal injection protocol because the Department of Corrections could no longer obtain one of the three drugs specified in the protocol. The U.S. Court of Appeals for the Eighth Circuit said, “The DOC is unable to carry out the challenged protocol as written, and it appears unlikely it ever will.” A new protocol will be needed.  The drug shortage will almost surely halt executions in the state. The editorial called this recent turn of events “an ideal time for Missouri to follow the lead of 17 other states and forego capital punishment. It's expensive and serves no deterrent effect. Its administration is always arbitrary and capricious. Missouri so botched its procedures in the mid-2000s that a federal judge suspended executions until the state fixed the problems. Only two men have been executed since 2005.” Read full editorial below.

EDITORIALS: ABA Report Finds Serious Problems with Missouri's Death Penalty

The St. Louis Post-Dispatch called upon leaders in Missouri to make numerous changes to the state's death penalty in light of a recent American Bar Association report produced by a bipartisan panel of lawyers, judges, prosecutors and law professors.  The editorial highlighted many of the ABA’s recommendations, including “improving evidence standards, increasing public defender funding and creating more accountability for prosecutors.” It also noted that the ABA found that Missouri's statute contains "[t]oo many aggravating circumstances — 17 of them, many vague — that make the application of the death penalty by prosecutors arbitrary. In Missouri, virtually any murder case could qualify for the death penalty."  The editors called on Governor Jay Nixon to address the lack of transparency in the clemency process: “Mr. Nixon alone could make one move that would bring honor and justice to the legal profession he loves without jeopardizing his standing as a fierce death penalty proponent. He can commit to a transparent clemency process for as long as he is governor. It's not good enough to spare one life while condemning another if the public doesn't know the reasoning behind either decision.” Read full editorial below.

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