Skip to main content

Missouri finds a drug option for executions

Alternative anesthetic lets Missouri develop new protocol for lethal injections, the 1st of its kind.

The state of Missouri is back in the execution business with a drug that’s never been used to put prisoners to death in the United States.

Stymied by a chemical shortage affecting every death-penalty state, the Missouri Department of Corrections said this week that it now will carry out death sentences with propofol, a widely used surgical anesthetic that also was a factor in singer Michael Jackson’s death.

Attorneys representing some of the state’s death row inmates learned of the plan Thursday after corrections officials met with some inmates and informed them of the new protocol.

Defense attorneys said it’s too early to say what, if any, legal challenges might be mounted in regard to the new 1-drug execution protocol that replaces Missouri’s previous 3-drug cocktail.

“It’s something we will have to look at very carefully,” said Joseph Luby, an attorney with the Death Penalty Litigation Clinic in Kansas City.

“Propofol has no track record in executions.”

Missouri is the first state to formally adopt the use of propofol, also known by the brand name Diprivan, for use in lethal injections, said Richard Dieter, executive director of the Death Penalty Information Center in Washington, D.C.

“No one has used it yet,” Dieter said. “Other states may have considered it.”

Deborah Denno, a law professor at Fordham University in New York and nationally known expert on lethal injection issues, called it a “pretty extraordinary development” that raises many questions.

“I would anticipate legal challenges,” she said.

Missouri’s last execution took place in February 2011. Since shortly after that, the state has been unable to obtain the anesthetic that puts inmates to sleep before they are injected with two other chemicals that stop the lungs and heart. Officials also had been unable to obtain an alternative drug that some states had adopted to take its place.

With news that the corrections department had obtained a different drug, Missouri Attorney General Chris Koster on Thursday asked the state Supreme Court to set execution dates for 19 inmates.

Koster said in his motion that there are no legal impediments or stays now in place to stop the executions.

“Unless this court sets an execution date after a capital murder defendant’s legal process is exhausted, the people of Missouri are without legal remedy,” Koster said in his motion.

According to Supreme Court procedures, lawyers for the inmates must be given the opportunity to file responses before the Supreme Court sets execution dates.

“There is no timetable as far as when the court would rule (on dates),” said spokeswoman Beth Riggert. “The court rules when it deems it appropriate.”

Missouri and every other state using lethal injection once used the same 3-drug mixture that employed sodium thiopental to anesthetize prisoners. The drug has been employed in all 68 executions Missouri has carried out since 1989.

Inmates in Missouri and across the country had filed numerous legal challenges to the method, alleging that it created the risk of inflicting cruel and unusual punishment if not administered properly. However, the U.S. Supreme ruled in 2008 that the method was not unconstitutional.

In early 2010, shortages of sodium thiopental began cropping up, and in early 2011 the only domestic supplier announced it would no longer manufacture the drug.

States also had difficulty obtaining it from foreign sources, and on March 27, a federal court in Washington, D.C., banned any importation of sodium thiopental and ordered the Food and Drug Administration to contact every state that it believed had any foreign-manufactured thiopental and instruct them to surrender it to the FDA. It also permanently prohibited importation of the drug.

With thiopental in short supply, some states began to substitute another anesthetic, pentobarbital, for use in the 3-drug method.

In February 2011, Ohio began using pentobarbital by itself to execute prisoners. Earlier this year, Arizona became the 2nd state to switch to 1-drug executions using pentobarbital.

Dieter, with the death penalty information center, said pentobarbital has been used, either by itself or in combination with other drugs, in the last 45 executions in the United States.

But last July, its Danish manufacturer announced that it was imposing restrictions on how pentobarbital was distributed to prevent its use in executions.

Since its on-hand supply of thiopental expired in March 2011, Missouri had been unsuccessful in finding it or pentobarbital.

In announcing its new protocol this week, Missouri Department of Corrections officials did not comment on when they obtained the new drug or where it was obtained.

According to Missouri’s new written protocol, inmates will be injected with 2 grams of propofol. An area anesthesiologist said that amount is 10 times the dosage that would be used in a surgical setting for a 220-pound patient.

According to Missouri’s new protocol, the chemical will be prepared by a doctor, nurse or pharmacist. An intravenous line will be inserted and monitored by a doctor, nurse or emergency medical technician. Department employees will inject the chemicals.

Doctors say the drug is used widely in medical settings and does not have some of the side effects, like post-operative nausea and vomiting, of previously used anesthetics. It was developed in England in the late 1970s.

Currently, only 1 execution date is pending in Missouri. Michael Tisius, convicted of killing 2 jailers in Randolph County, is scheduled to be put to death Aug. 3.

An attorney representing Tisius could not be reached for comment Friday.

Source: Kansas City Star, May 19, 2012

Most viewed (Last 7 days)

US | Conservative federal judge says death penalty for child sex crimes may be legal

June 24 (Reuters) - A conservative federal judge on Wednesday took the position that despite a 2008 U.S. Supreme Court ruling barring the death penalty for child rape, prosecutors today may be free to seek capital punishment in cases involving sexual offenses against children. St. Louis-based U.S. District Judge Joshua ​Divine, who was appointed to the bench only last year by Republican President Donald Trump, delivered his views in an unusual ‌court opinion issued on the same day he was set to sentence a Missouri man who faced a maximum prison term of 20 years.

Two men executed with AK-47 for raping and murdering boy, 12, in Yemen as children watch on

“Public execution is an even more grotesque violation of human rights, particularly in a country where the ability of the accused to obtain adequate legal representation and the coverage of the process is highly limited.” --  Human Rights Watch director Sarah Leah Whitson TWO pedophiles have been executed with AK-47s in front of a bloodthirsty crowd for raping and murdering a 12-year-old boy in Yemen. Chilling images show Wadah Refat and Mohamed Khaled being marched at gunpoint through the port city of Aden. Yemen is one of the few countries in the world where capital punishment is legal, and even children were in attendance to watch the gruesome event. Refat, 28, and Khaled, 31, were condemned for the abduction, rape, and murder of a young boy who was snatched after playing next to the house of one of the men. The pair reportedly dragged him into their home and raped him. When sentencing the pair, The Daily Star reported that the judge said, "After ...

Iraq: Saddam Hussein Execution was Moved Forward Because of Gaddafi Rescue Plans, Judge Says

Saddam Hussein's execution on December 30, 2006 The execution of former Iraqi President Saddam Hussein was accelerated due to the belief that the then Libyan leader, Muammar El-Gaddafi, had a plan to rescue him from prison, Judge Mounir Haddad revealed today. Hadad, who presided over the trial of Hussein, revealed to the Al-Arabiya Satellite Channel Point of Order program new details of the trial against the former president and his last moments before being hanged, including the 'health and welfare' votes for the magistrate himself . According to his testimony, the application of the death penalty to Saddam Hussein was precipitated because authorities knew that El-Gaddafi - later murdered in 2011 - was allegedly trying to bribe US guards who guarded him to rescue him from prison. He added that, contrary to previous reports from the local and US press, former Iraqi President Jalal Talabani gave his 'implicit approval' for Hussein's execution, an...

Might Ohio use electric chair again?

Electric chair at Southern Ohio Correctional Facility The difficulty of obtaining drugs for executions has some Ohio legislators talking about alternatives, including the electric chair. "There are other options," said Rep. Jim Buchy, R-Greenville, a co-sponsor of legislation to keep the supplier of execution drugs secret. "Rope is cheap," said state Sen. Bill Seitz, R-Cincinnati. No one is seriously suggesting - at least not yet - taking "Old Sparky," Ohio's electric chair, out of retirement, or returning to hanging, which the state abandoned in 1897. But Ohio's problem with lethal-injection drugs is coming to a head: The scheduled Feb. 15 execution of Ronald Phillips is 90 days away. Legislators are rushing to pass House Bill 663 before the lame-duck legislative session ends on Dec. 31 so that the Ohio Department of Rehabilitation and Correction can obtain drugs it needs at least a month before the execution. The legisla...

Halfway through the year, Saudi Arabia has already executed nearly 100 people

Almost 100 people executed so far this year as dozens more remain on death row for drug-related offences Saudi Arabian authorities have executed nearly 100 people so far this year, including at least 61 for drug-related offences, the latest of which was on 18 June. In response, Dana Ahmed, Middle East Researcher at Amnesty International, said today: “It is halfway through the year and Saudi Arabia has executed nearly 100 people, a grim milestone exposing the authorities’ unconscionable and unlawful use of the death penalty. Of the 96 people put to death already in 2026, an astounding 61 were executed for drug-related offences; 39 of them were foreign nationals and 22 Saudi nationals.

Florida executes Dusty Ray Spencer

74-year-old man becomes oldest inmate executed in modern Florida history  A 74-year-old man convicted of fatally stabbing his wife became the oldest person executed in Florida’s modern history on Thursday, and the state is scheduled to execute another 74-year-old inmate next month.  Dusty Ray Spencer was pronounced dead at 6:10 p.m. following a 3-drug injection at Florida State Prison near Starke. Spencer was convicted of the 1992 stabbing death of his wife Karen. 

Reports suggest Iran executed LGBT singer Mohsen Lorestani 6 December

“Mohsen Lorestani, a Kurdish singer from Kermanshah, was charged with ‘corruption on earth’ in a public complaint. His lawyer told Kurdistan Human Rights Network, ‘The alleged incidents happened in a private chat.’ If convicted, this charge could result in death sentence.” The Tehran court alleged that the singer posted ‘immoral’ content which seems to indicate flirting.  Iranian law appears to allow the execution of allegedly gay men despite no evidence of actual sexual activity. Indeed, the Iranian Foreign Minister defended the executions of gays and lesbians earlier this year. “Our society has moral principles and we live according to these principles.” Posts from Kurdish social media accounts suggest that Iran executed singer Mohsen Lorestani on 6 December. Although authorities detained the singer in March, news of his arrest only surfaced in October . He appeared in court before the notorious hanging judge Mohammad Moqisseh, infamous for his role in ...

ISIS releases images showing another 'gay man' being thrown off roof and stoned to death in Syria

Man thrown off roof and stoned to  death for being gay in Syria. Islamic State (ISIS) has released images appearing to show another man being thrown off a roof and stoned to death for being gay in Syria. Last month ISIS released extremely graphic images of the execution of two men for being gay in Mosul, Iraq, and earlier this month posted video of an similar incident in Tal Abyad, Syria . The group has now posted images of another execution in Raqqah, Syria. In the images, a man is thrown off a roof blindfolded, with his hands and feet bound. A large crowd gathered below the area to pelt his body with rocks. According to the Mail, the man had been accused of committing ‘acts of Sodomy’, and was referred to as a ‘Child of Lot’. Most of the images are too graphic to display on PinkNews, showing the man’s body amid a mound of rubble. In addition to men in the crowd, women in niqabs can be seen watching the execution in some of the unpublished pictures...

Indiana’s new prison already equipped for firing squads

Correction officials confirmed Westville can accommodate firing squad executions as lawmakers, the governor, and the U.S. Justice Department push for changes to protocols. As Indiana inches toward what could be its fourth state execution since resuming capital punishment, prison officials confirmed the state’s next correctional complex is already equipped for an execution method Hoosier lawmakers have yet to authorize. The Indiana Department of Correction confirmed to the Indiana Capital Chronicle that the new Westville Correctional Facility, now nearing completion, is designed to accommodate both lethal injection and firing squad executions. Indiana law currently allows only lethal injection.

Iran: Flogging still a common practice

Flogging of Sufis in Gonabad: Fourteen Ne’matollahi dervishes received 25 lashes each for allegedly disturbing the public security "The lash ruling against 14 Ne'matollahi dervishes of Gonabad was carried out. They were residents of Baydokht and had been arrested and condemned by the Public Prosecutor of Gonabad after a protest against the illegal treatment dealing with the Sufis in June of last year [2010]. According to the website of Majzuban-e-Nur, Mr. Sa'id Kashani, Mr. Amir Roshan-Mojaver-Sufi, Mr. Alimohammad Amanian, Mr. Ruhollah Safari, Mr. Ali Abbasi-Baydokhti, Mr. Ebrahim Abbaszadeh, Mr. Mohammadali Ja'fari, Mr. Hossein Mahdavi, Mr. Hossein Abbaszadeh-Baydokhti, Mr. Rahmat Hosseini, Mr. Reza Kakhki, Mr. Behruz Mojaver-Sufi, Mr. Ali Mir, and Mr. Hassan Baluchi-Baydokhti are the fourteen dervishes whose requests were not only rejected, but who were condemned to 25 lashes for disturbing the public security. It should be mentioned that Ruhollah Safari, the ...