Montana Judge Puts Executions on Hold

On October 6, Montana District Court Judge Jeffrey Sherlock (pic­tured) held that the state’s pro­posed lethal injec­tion pro­to­col vio­lat­ed state law, which requires that an ​“ultra fast-act­ing bar­bi­tu­rate” be used in exe­cu­tions. Judge Sherlock said the pro­posed bar­bi­tu­rate, pen­to­bar­bi­tal, does not qual­i­fy as such a drug. 

The rul­ing stat­ed, ​“The State of Montana is here­by enjoined from using the drug pen­to­bar­bi­tal in its lethal injec­tion pro­to­col unless and until the statute autho­riz­ing lethal injec­tion is mod­i­fied in con­for­mance with this deci­sion.” In 2012, a judge struck down Montana’s three-drug pro­to­col because it dif­fered from the two-drug pro­to­col called for in state law. As a result of the most recent rul­ing, exe­cu­tions in Montana will con­tin­ue to be on hold indefinitely. 

“The State has had mul­ti­ple oppor­tu­ni­ties to cor­rect the prob­lems with the death penal­ty pro­to­col. And each time they came up with a new flawed pro­ce­dure,” said ACLU Legal Director Jim Taylor. ​“Seven years of lit­i­ga­tion has demon­strat­ed that Montana’s death penal­ty is bro­ken beyond repair.” Montana has car­ried out three exe­cu­tions since 1976, the last of which was in 2006. Earlier in 2015, a bill to repeal the death penal­ty failed on a tie vote in the House of Representatives.

Most states had used sodi­um thiopen­tal to ren­der inmates uncon­scious before admin­is­ter­ing oth­er lethal drugs. It was con­sid­ered ultra fast act­ing, but its pro­duc­tion for U.S. use was dis­con­tin­ued by the manufacturer.