Since the botched execution of Romell Broom in Ohio, a new one-drug method has been developed – a lethal dose of sodium thiopental. It costs Ohio $350 for the drug alone to execute someone. Washington has also elected to apply this method.
The sole American producer of Sodium Thiopental is an Illinois company called Hospira. It was designed, they say, solely for medical purposes, and they do not know how it has found its way into execution chambers. The company, who sells all three of the drugs involved in execution by lethal injection, has even come out against the death penalty. “Hospira manufactures this product because it improves or saves lives, and the company markets it solely for use as indicated on the product labeling,” Mr. Rosenberg, the company’s spokesperson, said in a statement. “The drug is not indicated for capital punishment, and Hospira does not support its use in this procedure.” Particularly interesting in light of the fact that very few hospitals use Sodium Thiopental, choosing rather to use alternative anesthetic drugs, so really the majority of the drug which is sold goes towards executions. Other uses for the drug include euthanization of animals and assisted suicide.
The FDA reported a shortage of the drug in March. Hospira acknowledged a shortage last spring, first promising fulfillment in July, then October, now pushed back to January 2011. A spokesperson with Hospira has said the issue relates to the shortage of an active ingredient/ raw material and they hope to have the product back on the market at the beginning of the New Year. There is some speculation, however, that this is all a stunt to prevent further executions.
States are now scrambling to collect enough of the drug to carry out scheduled executions. The governor of Kentucky has postponed signing further death warrants until such time they know the executions will be able to proceed, as their one remaining does expires this weekend.
California will have to stop executions from Friday because their stock of Sodium Thiopental expires, though not until after they have put to death Albert G Brown Junior, who has been sitting on death row since 1982 and will be the first person California has executed in four years. It seems this impending drought of necessary drugs has put some pressure on, apparently after four years of no executions and keeping Brown waiting for 28 years, they are rushing to ensure his execution before an expiration date of drugs which will ultimately kill him.
Initially Brown’s attorney’s requested a stay of execution because their client had not decided whether to be executed by the one drug or three drug cocktail (as mentioned before, both methods require the drug soon to expire). The Federal District Court denied the stay. Upon hearing about it the United States Court of Appeal of the Ninth Circuit ordered the Federal District Court Judge – Jeremy Fogel - to reconsider his denial of a stay of execution. “It is incredible to think that the deliberative process might be driven by the expiration date of the execution drug,” the Appeal Court wrote.
In 2006 Judge Fogel halted executions pending a review of the three drug cocktail procedure and deficiencies in the State’s methods and their antiquated facilities. The State then built a sparkling new death chamber at San Quentin and redrafted new regulations which were approved earlier this year. However Judge Fogel indicated he had not had the opportunity to carefully consider the new execution protocols due to the looming execution date and deadline the expiration date provided. Without giving proper time and consideration to the new protocols his own actions had required, how could he possibly deny a stay of execution?
Virginia successfully executed Teresa Lewis last week with the last of their supply, though they have no further executions currently scheduled. It’s a shame to think if that small amount of a chemical had only ‘gone bad’ a little quicker, or evaporated… or whatever, she might have been reprieved.
In Oklahoma the scheduled August 17th execution of Jeffrey Matthews was stayed when the State attempted to substitute another drug after running out of Sodium Thiopental. They have since managed to ‘borrow’ some from another State, though the stay does not expire until October 16th.
Texas, the busiest State for executions, have refused to indicate what their supply of the drug is, claiming it is because they are concerned for the welfare of the protesters outside the death house – such news might apparently ‘inflame them’ and ‘people could get seriously hurt or killed.’ Personally I think they are just trying to keep as much of it for themselves so they won’t have to put on hold any of the many executions they constantly have lined up.
There is currently a total of 17 executions scheduled throughout the country between now and January when the drug is expected to be released again.
I wonder what happens when Sodium Thiopental expires. Does it cease to be effective or does it become ‘too potent’ – if the latter, what are the concerns given the circumstances? I could understand the importance of an expiration date in hospitals, but really what’s the worst that could happen when they are being used to kill someone?
Ethical guidelines preventing the medical profession from involvement in executions extends to barring Hospitals from supplying prisons with the drug. There are no FDA approved sellers of the drug overseas, and changing drugs is hardly an option. It took lengthy court battles for some States to adopt the current procedures involving Sodium Thiopental and any alteration would invite further lawsuits (like in Jeffrey Matthew’s case - because naturally ‘we’ take any opportunity we can get to prevent executions, however temporarily) possibly suspending further executions beyond the next availability of Sodium Thiopental.
Very interesting perspective on the executions. Sickening really.
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