Skip to main content

Nebraska: Maker of lethal injection drug wants it back

When the Nebraska Department of Corrections announced Nov. 3 that it recently had purchased 2 batches of sodium thiopental made by a pharmaceutical company headquartered in Switzerland, Director Robert Houston said his department was ready once more to proceed with its statutory obligation to carry out capital punishment.

But 15 days later, the CEO of the pharmaceutical company Naari wrote a letter stating the company wants its drug returned.

"Naari did not supply these medicines directly to the Nebraska Department of Correctional Services and is deeply opposed to the use of the medications in executions," CEO Prithi Kochhar wrote in a letter addressed to Nebraska Supreme Court Chief Justice Michael Heavican and also sent to Nebraska Attorney General Jon Bruning.

Houston and state Attorney General's Office Spokeswoman Shannon Kingery said in statements to the Journal Star on Monday that the 485 grams of sodium thiopental purchased for $5,411 and received Oct. 25 were legally obtained.

According to Kochhar's letter and an article published recently in an Indian weekly news magazine, a Calcutta, India-based middleman, Chris Harris, agreed to provide the 485 grams of sodium thiopental to drug officials in Zambia, where it would be used as an anaesthetic. Believing Harris would purchase a larger order of sodium thiopental, Naari gave him the vials of the drug toward the end of September, according to the article published in the December edition of Outlook.

Rather than provide it to Zambian officials, Harris sold the drugs to Nebraska officials for $5,411, according to the letter.

"He was not authorised (sic) to sell the product to the Nebraska Department of Corrections or to anyone else in the USA," Kochhar wrote in the letter.

A spokesman for Naari told Outlook, "We're not in the business of helping to execute people. We were lied to and cheated."

Maya Foa, an investigator with the London-based anti-death penalty advocacy group Reprieve, was first to notify Naari officials that their company had been named in a Nebraska Department of Correctional Services news release as the manufacturer of the state's supply of sodium thiopental.

She said staff with whom she dealt were outraged that the drug, which was intended for medical use in a 3rd-world country, could be used to execute Nebraska death-row inmates.

"They don't want to be in the business of killing," Foa said.

"This is an awful situation for us and we are trying to see what we can do to support Reprieve and work together with anyone who can help us prevent this from happening," Kochhar said in an email to the Journal Star. "We never intended for the product to reach the US and definitely not be used for executions."

The statements provided to the Journal Star by Houston and Kingery did not address the company's concerns with the drug's use.

Said Kingery, of the AG's office: "The sodium thiopental received by NDCS was approved for legal export by the government of India and approved for legal import by the regulatory federal agencies of the United States (DEA and Customs). It has been tested and positively identified as sodium thiopental."

1 of 3 drugs in Nebraska's lethal injection protocol, sodium thiopental has been in short supply since last year, when the only U.S. manufacturer, Hospira Inc., said it was ending production because of death penalty opposition.

Earlier this year, the DEA ruled that Nebraska had illegally imported 500 grams of sodium thiopental from Kayem, an Indian company.

The recent batches of sodium thiopental were acquired Oct. 25, according to the state's Nov. 3 news release.

The news release did not mention Chris Harris, described as the middleman in Kochhar's letter and the Outlook article.

But Jerry Soucie, an attorney with the Nebraska Commission on Public Advocacy, referred to Harris' role in procuring the earlier shipment of the drug that the DEA said was illegally imported in a May 2011 filing on behalf of death row inmate Carey Dean Moore.

Moore, convicted of killing two men, was scheduled to be executed June 14, but the state Supreme Court issued a stay of execution while Soucie challenged the purchase of the drugs in Douglas County District Court.

When the news about the acquisition of the Naari-manufactured sodium thiopental was released earlier this month, Bruning asked the Nebraska Supreme Court to set an execution date for convicted murderer Michael Ryan.

Soucie has until Wednesday to file documents regarding the execution of Ryan, who was convicted of killing James Thimm during a ritualistic torture at a farm near Rulo in 1985.

Soucie said he read the Outlook article Sunday and is trying to corroborate some of the information detailed in the story. He declined to speak further about the article.

Source: Journal Star, November 29, 2011

Related articles:
Nov 24, 2010
Landrigan's lawyers raised questions over the quality and constitutionality of using the sodium thiopental that was imported from Britain. They argued that the drugs could be of such poor quality that Landrigan could suffer pain ...
Oct 21, 2011
Johnson was the sixth person executed in Alabama this year and the fourth to die since the state changed one of the drugs in its lethal injection from sodium thiopental to pentobarbital — owing to a nationwide shortage of ...
Nov 08, 2010
Fogel, based in San Jose, has blocked executions since February 2006, when he expressed concern that state executioners might not have let the sodium thiopental fully anesthetize some inmates before they were injected...
Sep 25, 2011
The Ministry of Health will be responsible for supplying the chemicals used in lethal injections, including the barbiturate anesthetic Sodium thiopental, muscle relaxant Pancuronium bromide and Potassium chloride – the three ...

Comments

Most viewed (Last 7 days)

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

Florida executes William Reaves

Florida puts 77-year-old man to death for a deputy's killing in its 18th execution this year  Florida carried out its 18th execution of the year on Tuesday under Republican Gov. Ron DeSantis ’ aggressive use of the death penalty in his final term.  William Reaves, 77, was pronounced dead at 6:12 p.m. following a 3-drug injection at Florida State Prison near Starke. He was convicted of first-degree murder in the 1986 shooting death of Indian River County Deputy Richard Raczkowski. 

Medical experts shocked by Tennessee team’s ‘malpractice’ in Christa Pike’s failed execution

New details of IV team’s attempts to find a vein shared by Pike’s lawyer ‘shocked and disturbed’ practitioners Medical experts have expressed shock at the apparent incompetence shown by Tennessee’s execution team during the failed lethal injection of Christa Pike , the prisoner who survived a normally fatal dose of pentobarbital, which they say would be considered medical malpractice in any other setting.

François Mitterrand, the Justice Minister Who Sent 45 Men to the Guillotine

The socialist president celebrated for abolishing the death penalty in France sent 45 condemned men to the guillotine when he was Minister of Justice. In French political history, François Mitterrand is the father of the historic victory of May 1981. He remains associated with one of the greatest moral laws of the Fifth Republic: the definitive end of capital executions, carried through with Robert Badinter in the autumn of 1981.

Saudi Arabia executes woman, 'terrorists', 'indecent' couple, and juvenile offenders

Saudi Arabia carried out a series of executions in mid-October, including that of a woman convicted of killing her mother and attempting to kill her sister, alongside five men in the Eastern Province. Official statements described the five as terrorists; human rights groups described them as political prisoners sentenced under discretionary (ta’zir) penalties, one of whom was a child at the time of the alleged acts. The cases illustrate the kingdom’s continued use of the death penalty under Sharia, its stated commitment to public order and justice, and criticism from human rights organizations over the scope of capital punishment.

Saudi Arabia executes two Bangladeshis over 'immoral act' inside mosque

Saudi Arabia has carried out the death penalty on two Bangladeshi nationals in Mecca. The country's Interior Ministry announced this in a statement on Wednesday. According to the report, they were sentenced over allegations of involvement in immoral acts inside a mosque in Mecca. The information was reported by Ajel News, citing the Saudi Interior Ministry's statement. The two Bangladeshis executed were a man and a woman, Nazrul Islam Abdul Basir and Sithi Akhter. The “immoral acts” referred to illicit heterosexual intercourse, not homosexual activity.

Saudi Arabia executes five on terrorism charges

DUBAI — Saudi Arabia executed five people Saturday on terrorism charges, the ministry of interior said, bringing the total number of death sentences carried out this year to 188, according to an AFP tally based on official statements. The five Saudi nationals were convicted of “joining a foreign terrorist organization," opening fire on security forces and “providing support” for “terrorist operations inside the kingdom." Their executions were carried out in the Eastern Province, home to most of Saudi Arabia’s Shia Muslim minority, which has long complained of marginalization in the Sunni-majority country.

Florida | William Reaves set to be executed on Oct. 20 at 6 p.m.

With his execution date looming, convicted killer William Reaves will soon be moved from Raiford's Union Correctional Institution to a death watch cell in nearby Florida State Prison, a maximum-security complex also known as "The Rock." Reaves, 77, a former Gifford resident in Indian River County who’s been on death row for 38 years, is scheduled to die by lethal injection on Oct. 20 at 6 p.m. His execution will fulfill a sentence of death imposed for the 1986 fatal shooting of Indian River County Sheriff’s Cpl. Richard “Raz” Raczkoski outside a Zippy Mart store on State Road 60 west of Vero Beach.

Florida | Former firefighter, police officer sentenced to death in Fort Pierce killing

Otto Lenke, a Sebastian resident and former Indian River County firefighter/paramedic, as well as a former Melbourne police officer, was convicted in May 2026 of first-degree murder with a firearm and first-degree arson for the February 2021 killing of Richard Benson, owner of Fast Frank’s Cycle Concepts in Fort Pierce. SEBASTIAN—A Nineteen Judicial Circuit judge on Tuesday sentenced former Indian River County firefighter and Melbourne police officer Otto Lenke of Sebastian to death for the 2021 killing of a Fort Pierce motorcycle shop owner.

Christa Pike's Survival Wasn't a Miracle. That's What Should Scare Us.

What happened in Tennessee's execution chamber is one of the most common failures in medicine Christa Pike is awake. A week after Tennessee strapped her to a gurney and gave her two doses of pentobarbital , she is off the ventilator and speaking from a hospital bed, still shackled to it. Her lawyers call her recovery " medically unprecedented. " Legal scholars say she is the first person in American history to survive a lethal injection after the drug was actually given. I understand the impulse to make such claims. I consulted for Pike's legal team, but I have also spent three decades in operating rooms and intensive care units (ICUs), and I want to resist the word "unprecedented" and the word "miracle" that hovers just behind it.