Recent Lethal Injection Developments in Texas, Missouri, and Indiana

As states continue to seek alternative drugs and drug sources for lethal injections, three significant developments occurred last week. Indiana announced recently that they would use Brevital, an anesthetic, as the first drug in its three-drug protocol. On May 27, Par Pharmaceutical, the producer of Brevital, released a statement announcing efforts to prevent the use of their product in executions. The statement said, “The state of Indiana’s proposed use is contrary to our mission. Par is working with its distribution partners to establish distribution controls on Brevital® to preclude wholesalers from accepting orders from departments of correction.” On May 29, Missouri Attorney General Chris Koster gave a speech in which he suggested that the state of Missouri begin producing execution drugs. Missouri has had difficulty obtaining lethal injection drugs and faced challenges to its lethal injection secrecy law. Koster said that state production of the drugs would increase transparency, adding, “As a matter of policy, Missouri should not be reliant on merchants whose identities must be shielded from public view or who can exercise unacceptable leverage over this profound state act.” Missouri would be the first state to set up a state-operated lab for producing execution drugs. In Texas, Attorney General Greg Abbott issued an order defending secrecy for lethal injection drug sources. The statement represents a reversal for the Attorney General, who had previously rejected arguments from the Department of Criminal Justice that secrecy was necessary.

(“Indiana use of new execution drug draws opposition,” Associated Press, May 31, 2014; “Par Pharmaceutical Statement on Brevital® Sodium,” Par Pharmaceutical, May 27, 2014; M. Berman, “Missouri attorney general wants the state to produce its own lethal injection drugs,” Washington Post, May 29, 2014; N. Merchant and M. Graczyk, “Texas’ top prosecutor: Drug source can be secret,” Associated Press, May 30, 2014.) See Lethal Injection.