Secrecy

NEW VOICES: Head of National Pharmacist's Group Opposes Lethal Injection Secrecy

Leonard Edloe (pictured), President of the American Pharmacists Association Foundation has urged Virginia lawmakers to reject Governor Terry McAuliffe's proposal to conceal the identity of the state's execution drug supplierssaying that the plan "undermines everything our profession stands for, and is actually against the law." In an op-ed in The Virginian-Pilot on the eve of a veto session in which the Virginia state legislature will consider the secrecy proposal, Edloe wrote: "Medicines are made to save lives, not end them. They’re not designed, or tested, to kill people." Edloe says "[k]eeping pharmacies out of the execution process is not just a point of principle. Federal law says drugs must be prescribed to a specific patient for a medicinal purpose. An execution clearly does not qualify." He describes the risks of compounding, pointing to the 2012 outbreak of fungal meningitis caused by badly compounded drugs, which killed 64 people. "In response, the federal government passed laws and regulations to increase the scrutiny of compounding pharmacies to protect the public," he said. "McAuliffe proposes the opposite approach — to give irresponsible compounders insulation from regulation — preventing the state taking action if a compounder supplied bad drugs that led to a botched execution." In 2015 the American Pharmacists Association issued a declaration opposing pharmacist involvement in capital punishment, and Edloe called such involvement "fundamentally contrary to the role of pharmacists as providers of healthcare." The current debate over secrecy, he says, "helps drive home the point that professional pharmacists have no place in the process." UPDATE: The Virginia legislature approved Gov. McAuliffe's amendments on April 20. 

Missouri Judge Orders State to Reveal Source of Lethal Injection Drugs

Cole County, Missouri Circuit Judge Jon Beetem ruled on March 21 that Missouri must release the names of pharmacies that have provided lethal injection drugs for executions. Judge Beetem ruled in favor of the ACLU of Missouri and several media organizations that had filed three separate suits against the state. The media plaintiffs included the Reporters Committee for Freedom of the Press, the St. Louis Post-Dispatch, The Kansas City Star, the Springfield News-Leader, Associated Press, The Guardian, and BuzzFeed reporter Chris McDaniel. Judge Beetem found that Missouri had "knowingly violated the sunshine law by refusing to disclose records that would reveal the suppliers of lethal injection drugs, because its refusal was based on an interpretation of Missouri statutes that was clearly contrary to law." Bernard Rhodes, an attorney for The Guardian, said the information was critical to public oversight: "Without this information, the public is unable to exercise meaningful oversight of the executions carried out in its name. One of the primary purposes of a free and independent press is to perform a watchdog function over government activities, and this lawsuit is a perfect example of that." Because it determined that Missouri had knowingly violated the law, the court also awarded the plaintiffs more than $100,000 in attorneys fees. In a column for the Los Angeles Times, Scott Martelle called the decision, "a win for transparency," and said that companies' reluctance to participate publicly in executions was evidence of society's changing views. "[C]apital punishment has become so contrary to American societal norms that here in the land of the quick buck, even the business world has turned its back on the practice," he wrote. The state of Missouri has indicated that it intends to appeal the decision.

Pages