Skip to main content

ACLU sues to lift secrecy over Missouri execution team

After a Post-Dispatch investigation seven years ago revealed the identity of Missouri’s lead executioner, exposing a history including public discipline from the state medical board and false statements in court, the Legislature took action.

It enacted a law to ban any person from “knowingly disclosing the identity of a current or former member of an execution team.’’

The Department of Corrections announced on Tuesday it was adding a compounding pharmacy to the execution team and invoked the 2007 law protecting the pharmacy’s workers from disclosure.

On Wednesday, the American Civil Liberties Union of Missouri sued in U.S. District Court in St. Louis to try to overturn the law so “we can post documents that identify execution team members on our website without fear of violating any statutes,” said its legal director, Tony Rothert. Under the law, an executioner whose identity was revealed could file a lawsuit and recover actual and punitive damages from the person who revealed the name.

Missouri has long struggled to find executioners and execution drugs with spotless histories. Most medical professionals and drug companies avoid being associated with taking lives.

ACLU sued the state this month for records of the state’s inventory of propofol, an anesthetic the state had planned to use in lethal injections to execute murderers Allen Nicklasson on Oct. 23 and Joseph Paul Franklin on Nov. 20.

The records showed the supplier of some of the propofol, Morris & Dickson, of Shreveport, La., had pleaded with the state nearly a year ago to return vials the company had shipped to Missouri in violation of its agreement with the manufacturer, Fresenius Kabi, of Germany, not to provide the drug for capital punishment.

The state finally returned the drug after the ACLU put the records on its web site. But it still had propofol manufactured by Hospira in stock from another supplier, Mercer Medical of suburban Seattle.

Then Hospira said it wanted its propofol back, too, because it had not authorized the sale to Mercer Medical. On Oct. 11, Gov. Jay Nixon postponed the Nicklasson execution and ordered the department to develop a new protocol. On Tuesday, the state announced it would use pentobarbital, commonly used to euthanize pets.

Source: St Louis Post-Dispatch, October 24, 2013

Most viewed (Last 7 days)

Florida | Former warden recalls botched electrocution that left him battling PTSD for 13 years and turned him into an abolitionist

Ron McAndrew anticipated it would be just another standard execution. He had been assigned to carry out the death of Cuban refugee Pedro Medina via electric chair within the confines of Florida State Prison. Fifteen years had passed since Medina's conviction for the murder of 52-year-old Dorothy James, and McAndrew's responsibility was to oversee the administration of lethal electrical currents to his brain. Having already supervised two previous executions using the identical procedure and raised in a community that strongly supported capital punishment, he expected a swift conclusion with justice delivered.

Two Executions In Six Hours: Florida Set For Historical Double Execution Tuesday

Florida is preparing to execute two death row inmates on Tuesday, July 28, in an action that would mark the state’s first double execution in more than 60 years. Former police officer James Duckett, 68, is scheduled to die by lethal injection at 12 p.m., followed six hours later by 80-year-old Dominick Occhicone at 6 p.m. If carried out, these will mark the 39th and 40th executions under Gov. Ron DeSantis and the 11th and 12th in the state since the beginning of 2026. In response, Floridians for Alternatives to the Death Penalty (FADP) has launched petition and letter-writing efforts asking DeSantis to halt both procedures. The group has organized two public vigils outside Florida State Prison in Raiford, set for 11 a.m. and 5 p.m., contingent on whether stays are issued.

Florida executes Dominick Occhicone

Florida executes 2 men in a day. Republican Gov. Ron DeSantis has made Florida's death chamber the nation’s busiest at the end of his final term.   STARKE, Fla. — Florida on Tuesday became the first state in nearly a decade to carry out two executions in a single day, the last an 80-year-old man who was the second-oldest inmate known to receive a lethal injection in modern U.S. history. Hours earlier, the state executed a former police officer convicted of killing a young girl.

USA | What happens in the final weeks before an execution? These reporters were inside the room.

The journalists behind ‘The Last 12 Weeks’ earned extraordinary access to a death penalty defense team—and faced difficult ethical choices Many defense lawyers are naturally cagey. They work in a pressure cooker, protecting their clients’ rights while fighting for the best possible outcome. And arguably, the stakes can’t get any higher than trying to save a client’s life. So no, defense lawyers don’t usually invite journalists into strategy meetings. But that’s what happened when Marshall Project reporter Maurice Chammah and Serial Productions senior producer Alvin Melathe spent the final few months before a Texas execution embedded with a capital defense team.

North Korea | 'I was only 9': North Korean defector recalls childhood memory of public execution

Kim Eun-joo was 9 years old when her teacher stopped their lesson and told the class to follow her outside. The children were marched to a public execution ground in North Korea. “I would cry even when our family dog died,” Kim said in a recent interview with The Korea Times. “But the first time I watched humans killing a human, I had no words for what I was feeling. It was the most brutal scene I have ever seen, in any movie or in real life.” The memory has stayed with her ever since. Now a human rights advocate after defecting from North Korea, Kim recently brought that childhood scene to the 9th World Congress Against the Death Penalty in Paris, where North Korea’s use of public executions and capital punishment was officially placed on the agenda for the first time.

Former Florida cop to be executed on same day as 80-year-old Pasco man

In an unprecedented move in the modern history of capital punishment, Gov. Ron DeSantis on Tuesday cleared the way for 2 executions to occur on the same day.  DeSantis reset the execution of James Duckett, whose execution earlier this year was stayed amid efforts to secure DNA testing and analysis of evidence in his case.  Duckett’s execution was reset for July 28. That is the same day previously set for the execution of Dominick Occhicone.  Court records indicate that Duckett’s execution is scheduled for noon. Occhicone’s is set to follow at 6 p.m. 

Idaho | Death row prisoners sue over state's new firing squad

BOISE (Idaho Statesman) – Days after Idaho made the switch to a firing squad for executions, two Idaho death row prisoners next in line to be put to death sued the state prison system, saying its director withheld information about how she settled on the specifics for carrying out the method. Attorneys for prisoners Thomas Creech and Gerald Pizzuto filed suit this week in state district court against Idaho Department of Correction Director Bree Derrick. In the filing, they called her approval of an updated standard operating procedure for the firing squad and lethal injection as a backup method “arbitrary, capricious, or an abuse of discretion and in excess of the statutory authority of the agency.”

Texas: The inmates who refused to die quietly and had to be gassed out of their cells before execution

Former crime reporter Michelle Lyons, who witnessed nearly 300 executions in Texas, US, reveals the desperate acts of death row prisoners who refused to accept their fate After spending years or often decades locked up in a tiny cell for 23 hours a day, most Death Row inmates go willingly to their executions. However, some refuse to die quietly - with officers forced to gas them out of cells, strap up their heads and even give chase across prison grounds. Michelle Lyons, who has witnessed nearly 300 executions in Texas, US, exclusively tells Sun Online how certain inmates "fight like hell" in their last moments. On most occasions, Michelle watched from the witness area, with the killers already on the gurney - the stretcher where they'd be given a lethal injection. Seven prisoners once tried to escape from the Row in Huntsville - with one shoving magazines and newspapers under his clothes to help him roll over razor-wire fences. Others have had to b...

19 July 1943 | Auschwitz's Largest Public Hanging: 12 Polish Prisoners Executed in Escape Reprisal

OSWIECIM, Poland — The SS carried out the largest public hanging in Auschwitz history on July 19, 1943, executing 12 Polish prisoners before other inmates as collective punishment for escapes and civilian contacts. The victims, all from the camp’s surveyors’ labor unit, were hanged on gallows built in front of the camp kitchen during an Auschwitz I roll call. The SS orchestrated this reprisal following prisoner escapes from the surveyors’ detail and unauthorized communication between inmates and civilians. Camp authorities used the recent escapes as a pretext to impose collective punishment.

Florida executes James Duckett

Double execution: 1st of 2 inmates is put to death in Florida Florida has executed James Duckett, a 68-year-old former cop convicted of killing an 11-year-old girl in 1987. The state is set to execute an 80-year-old man 6 hours later for a 1986 murder.  Florida carried out the 1st double execution in more than 60 years, executing former police officer James Duckett and later scheduling the execution of 80‑year‑old Dominick Occhicone, amid Governor Ron DeSantis’s aggressive push to increase death penalties in the state.  Florida has put to death the 1st of 2 inmates in the state's 1st double execution in more than 60 years amid an aggressive death penalty push by Gov. Ron DeSantis.