Lethal Injection

Another Drug Company Opposes Use of Its Product in Executions

Sun Pharma, which is based in India, has publicly dissociated itself from the use of its drugs in upcoming Arkansas executions. The company said it prohibits the sale of its products to entities that might use them for killing. Sun Pharma was notified of the possible misuse of its products by the Associated Press, which had obtained redacted photographs of the drugs Arkansas planned to use in eight scheduled executions. A recently passed secrecy law allows the state to withhold the source of its execution drugs from public scrutiny. (Virginia's Supreme Court also recently shielded some information about executions from the public.) Other companies whose drugs might be used by Arkansas have also objected. Hikma Pharmaceuticals said it was investigating whether Arkansas had obtained midazolam from one of its subsidiaries, and Hospira, which was identified as a possible source of the potassium chloride that Arkansas plans to use, was one of the first companies to bar its drugs from executions.

Nebraska's Attempt to Import Execution Drug Halted in India

A shipment of sodium thiopental, an anesthetic once widely used in executions, was recently stopped in India before it could reach Nebraska. The Indian distributor sold more than $50,000 worth of sodium thiopental to the state in May, but the shipment was stopped before leaving the country because of "improper or missing paperwork." FedEx said it halted the shipment because it did not have Food And Drug Administration clearance: "As with any international importation of a drug, data about that shipment is transmitted to federal agencies in advance, including U.S. Customs and the Food and Drug Administration. If the shipment is authorized, we will deliver it to the recipient; if it is not, we will return it to the foreign shipper." Nebraska purchased the drugs despite the FDA's warning that importation of sodium thiopental for executions violates federal law. The FDA has consistently said that it will not allow execution drugs into the U.S. because the producers are not FDA-credited and the drugs are not approved for that purpose.

USA Today Chronicles Declining Death Penalty: It "May Be Living on Borrowed Time"

In a sweeping look at the current state of the U.S. death penalty, USA Today reporters Richard Wolf and Kevin Johnson highlight several recent story lines that collectively illustrate a dramatic decline in the country's use of capital punishment. Their conclusion: "The death penalty in America may be living on borrowed time." Wolf and Johnson recount recent cases in which high-profile crimes resulted in a life without parole sentence, in many instances because victims' families raised concerns about the painful emotional impact of a lengthy appeals process. Skeet Glover, whose father and stepmother were killed in Texas, explained his family's support for a plea deal resulting in a life without parole sentence: "As a family, we were going to do this together. I couldn't help my dad anymore. I couldn't help (stepmother) Peggy ... and I didn't want to punish anyone else in the family...There are no regrets." The article also tells the stories of death row exonerees, including the seven men exonerated in the last two years after spending 30 years or more on death row, and persistent questions of innocence for inmates still facing execution. The story then turns to ongoing battles in courts and legislatures. It chronicles the difficulties surrounding lethal injection, from trade regulations and opposition from the medical community that has made it more difficult for states to obtain execution drugs to legal challenges against execution protocols. Legislative action has shown "a clear trend in favor of retreat or repeal," the article states, noting the seven states that have recently repealed capital punishment, and the four states where moratoriums are in place. (Click image to enlarge.)

Why Missouri is an Outlier in Execution Trends

As national execution numbers drop to historic lows and a growing number of states halt executions or repeal the death penalty altogether, Missouri has recently increased the number of executions it is carrying out and overtaken Texas for the highest per-capita execution rate. Missouri and Texas have carried out all of the last 15 executions in the U.S. and 80% of executions through September 1 of this year. A report by The Marshall Project explores why Missouri is bucking national trends, highlighting the availability of execution drugs, Missouri's political climate, and the lack of adequate defense resources. While shortages of lethal injection drugs have slowed executions in many states, Missouri has managed to stockpile pentobarbitral for use in executions. Because of state secrecy laws, the source of the drug is unknown, and state officials will not confirm whether the drug is produced by a compounding pharmacy or obtained from another source, such as a veterinary supplier or overseas manufacturer. The governor and attorney general of Missouri have pushed to move executions forward, using the death penalty to establish "tough-on-crime" credentials as Democrats in a politically conservative state. Courts have also contributed to the unusual situation in Missouri. The state Supreme Court, which sets execution dates, scheduled one execution per month to make up for holds due to drug shortages. Finally, underfunding and heavy caseloads have created what defense attorneys are calling a "crisis" in capital representation. Missouri was ranked 49th of the 50 states in per-capita spending on indigent defense in 2009. In March, the American Bar Association Death Penalty Assessment Team told the Missouri Supreme Court, "The current pace of executions is preventing counsel for the condemned from performing competently. "

Major European Pension Fund Divests from Pharmaceutical Company Linked to Executions

The Dutch public employees' pension fund, Stichting Pensioenfonds ABP (ABP), has divested from the pharmaceutical company Mylan after learning that the Virginia Department of Corrections had supplies of one of Mylan's products in stock for use in executions. A spokesman for ABP - which with net assets of $416 billion is the world's third largest pension fund - said, "As the Dutch government and Dutch society as a whole renounced the death penalty a long time ago, we do not want Dutch pension money to be involved in that." Although Mylan states on its website that its products are not intended for use in executions, fund managers were not satisfied with the company's measures to keep the drugs out of lethal injections. ABP held €25 million shares in Mylan in 2014, but began selling them off during 9 months of unfruitful discussions with the company. ABP says it sold its remaining €9 million ($10 million) Mylan holdings in full because "We thought we have only one step left to show our disapproval." The divestment is part of ongoing efforts by European officials to discourage executions in the U.S., which the European Union regards as a human rights violation. European companies are banned from exporting drugs for use in executions, and several European drug companies have put distribution restrictions in place to stop their products from being used in lethal injection.

Ohio Warned Not to Import Execution Drug

A Food and Drug Administration letter to the Ohio Department of Rehabilitation and Correction indicated the state was considering importing sodium thiopental from overseas for use in executions. The letter warned the department that importing the drug would violate federal law: "Please note that there is no FDA approved application for sodium thiopental, and it is illegal to import an unapproved new drug into the United States." A similar letter was sent to Nebraska officials after the state spent over $50,000 in an attempt to obtain lethal injection drugs from a source in India. All executions were put on hold in Ohio after the botched execution of Dennis McGuire in 2014, as the state has pursued a new execution protocol. The potential foreign supplier was not revealed because Ohio, like many other states, keeps the identity of execution-drug suppliers secret.

NEW VOICES: Execution Secrecy "Has No Place in a Democracy"

A recent op-ed by former Texas Governor Mark White (pictured) and former Florida Supreme Court Chief Justice Gerald Kogan criticized a recently passed North Carolina law that imposes secrecy on the source of lethal injection drugs and removes execution procedures from public review and comment. The authors said the new law will only prolong litigation, rather than ending North Carolina's hold on executions, as intended. The op-ed also maintained that the new policy violates democratic principles: "The foundation of our constitutional republic lies in accountability and transparency, enabling American citizens to learn and debate about policy. Yet citizens cannot engage in robust conversations when basic information is hidden." Arguing that both supporters and opponents of the death penalty should oppose secrecy, they said, "Regardless of our views on the death penalty, Americans must maintain a principled approach to its implementation. The standard ought to be the U.S. Constitution, which mandates the government impose no cruel and unusual punishments. As long as states implement the death penalty, we must ensure they follow this constitutional standard."

EDITORIALS: North Carolina Newspapers Critique Execution Secrecy Law

On August 6, North Carolina Governor Pat McCrory signed a law that removed the requirement that a physician be present at executions and shrouded in secrecy many elements of the lethal injection process, including the specific drugs to be used and the suppliers of those drugs. By eliminating the physician-participation requirement, the law attempted to remove a legal hurdle that has halted executions in North Carolina since 2006. Two major state newspapers sharply criticized the new law, calling it, "macabre" and "an ugly spectacle." The Fayetteville Observer said, "We need thoughtful discussion of the issue and whether we're imposing a fair sentence or simply seeking revenge for a terrible crime. What we don't need is a General Assembly slicing away at reasonable public understanding of the state's execution protocols, instead choosing to wrap it all in secrecy." The News & Observer (Raleigh) called the law "a horribly misguided idea," citing the "gruesome outcomes" of experimental lethal injection protocols in other states. The editorial concluded, "Rather than put executions on a fast track, North Carolina should abandon them altogether."

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