Skip to main content

Not a killing state: Is Colorado prepared for the death penalty?

The majority of Coloradans want their state to kill James Holmes. But if he receives the death penalty, the Department of Corrections may not be ready.

Convicted murderer James Holmes is now awaiting his sentence.

He faces the death penalty for his crimes, a punishment 2/3 of Coloradans believe he deserves.

But lethal injection drugs are increasingly hard to obtain. If the jury sentences Holmes to death, is Colorado actually capable of carrying it out?

Like all 31 states that still allow capital punishment, Colorado uses lethal injection as its primary means of execution. But it almost never happens: The 1997 death of Gary Lee Davis remains the state's only execution in almost 50 years, and the only time Colorado has ever performed a lethal injection. We are, in the words of death penalty activist Sister Helen Prejean, "not a killing state."

The Colorado Department of Corrections, tasked with performing executions, doesn't even keep drugs for the procedure on hand. Their shelf life is less than the average 10 years it takes for a death penalty appeals process.

In March of 2013, 5 months before death row inmate Nathan Dunlap was scheduled for execution, The Denver Post reported that CDOC was still struggling to acquire a crucial drug.

Tom Clements, CDOC's then-director, wrote a letter to 97 compounding pharmacies across the state in an attempt to acquire sodium thiopental, a rapid-onset anesthetic critical to the state's lethal 3-drug cocktail.

Clements sought the pharmacies' help because the drug is now nearly impossible to find ready-made. Hospira Inc, the only producer in the nation, stopped making it in 2011. The E.U. has blocked its export for use in executions. But compounding pharmacies are less than eager. In March this year, the American Pharmacists Association called upon its members to stop providing any drugs for use in executions.

In light of Clements' letter, the ACLU in 2013 submitted an open records request to CDOC asking for a copy of its execution protocol. (The agency initially didn't comply, forcing the ACLU to file a lawsuit.)

What they found was troubling. Colorado law demands lethal injection be administered with "a lethal quantity of sodium thiopental or other equally or more effective substance sufficient to cause death."

The protocol from 2011 calls for Sodium Pentothal, the name brand of sodium thiopental. But the 2013 protocol, with no change in state law, calls for "Sodium Pentothal/Pentobarbital," implying that the 2 are interchangeable despite being 2 different drugs. (When pentobarbital was used in the 2014 Oklahoma execution of Michael Wilson, he reportedly said he felt his "whole body burning.")

Colorado is not the only state scrambling for alternatives. Oklahoma, Tennessee and Utah have authorized the use of the gas chamber, electrocution and the firing squad, respectively, if lethal injection drugs become unavailable. And the U.S. Supreme Court recently ruled that midazolam, the controversial drug linked to multiple botched or prolonged executions across the country, is constitutional for use in lethal injections.

Ultimately, the ACLU's investigation came to a halt when Gov. John Hickenlooper granted Dunlap an indefinite stay of execution. But the discrepancy between protocol and state law raises concerns about the secrecy that goes along with lethal injection.

How can the public stay informed about the death penalty when no organization will publicly admit to selling the drugs? How do we determine what drugs count as an "equally or more effective substance to cause death" without being able to properly test them?

Gov. Hickenlooper's stay of execution for Dunlap means the state, at least for now, isn't actively seeking out lethal injection drugs. His office didn't return requests for comment, but the governor has said publicly that he will not allow an execution during his term. The other 2 men on death row will not exhaust their appeals for years.

If sentenced to death, James Holmes can expect the appeals process to take 10 years or more.

By that time, Colorado's lethal injection protocol - and indeed, its stance on the death penalty - could look quite different.

Source: The Colorado Independent, July 30, 2015

Report an error, an omission: deathpenaltynews@gmail.com

Most viewed (Last 7 days)

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Florida set to carry out 14th execution this year in the nation's busiest death chamber

MIAMI (AP) — A Florida man convicted of fatally shooting a 16-year-old girl who rejected his romantic advances and wounding two of her friends is set to be executed Tuesday in the first of three lethal injections scheduled this month in the state. Harold Gene Lucas, 74, is set to receive a three-drug injection at Florida State Prison near Starke starting at 6 p.m. He would be the 14th prisoner put to death this year in Florida, and Republican Gov. Ron DeSantis has already signed death warrants for two more executions set for later this September.

Indiana high court sets Nov. 5 execution date for convicted child killer

The court’s decision came a little more than two months after Indiana Attorney General Todd Rokita asked the justices to schedule Weisheit’s execution. State attorneys argued Weisheit had exhausted his state and federal appeals, had no active stay of execution, and could lawfully be put to death. The inmate’s attorneys opposed setting a date, saying they needed more time to pursue available legal proceedings and possible executive clemency. The defense additionally pointed to public records that it said showed the Indiana Department of Correction lacked the drugs needed to conduct an execution and had no lawful source from which to obtain them.

Oklahoma Sets November Execution Date for Air Force Veteran Jim Pavatt Amid Claims of Wrongful Conviction

OKLAHOMA CITY — The Oklahoma Court of Criminal Appeals has scheduled the execution of Air Force veteran and longtime death row prisoner Jim Pavatt for Nov. 12, as his attorneys continue to challenge his conviction and contend that prosecutors relied on false arguments, disputed forensic evidence and an alleged confession they later described as bogus. Pavatt, who served nearly 22 years in the Air Force and rose to the rank of master sergeant, was convicted and sentenced to death for the 2001 killing of Rob Andrew in Oklahoma City. His execution is scheduled for the day after Veterans Day.

Arizona AG seeks execution date for man convicted in 1995 trooper killing

Trooper Bob Martin was killed during a traffic stop on the Beeline highway; execution for his killer could be as soon as January PHOENIX (AZFamily)—The Arizona Attorney General is asking for an execution date to be set for a man convicted in the killing of an Arizona State Trooper over 30 years ago. On Aug. 15, 1995, Trooper Bob Martin was shot and killed while performing a traffic stop along the Beeline Highway.

Iran Crackdown on Christians Intensifies, Ministry Reports Dozens Killed and Hundreds Detained

September 3, 2026: A widening crackdown on Christians in Iran has reportedly resulted in the deaths of at least 33 Christian ministers and the detention of more than 130 others in recent months, according to Iran Alive Ministries, a Texas-based organisation supporting underground house churches in the country. Hormoz Shariat, founder of Iran Alive Ministries, told Baptist Press that at least 33 Christian ministers associated with the ministry had been killed amid intensified government pressure on Christians linked to the underground church movement.

Hanging of Osaka Arsonist is Japan’s First Execution Under Takaichi Government

As a majority of the international community has abolished capital punishment. Japan and the U.S. are the only two countries in the Group of Seven leading industrialized nations that put people to death. The execution of Takami Sunao—an arsonist whose 2009 attack in Osaka killed five—on August 21, 2026, was Japan’s first use of capital punishment in just over a year. Over a Decade from Sentencing to Execution Takami Sunao was executed on August 21, 2026 , for a 2009 arson attack at an Osaka pachinko parlor that killed five people. In July 2009, Takami poured gasoline on the floor of a pachinko parlor in Osaka and set it alight, killing 5 customers and staff members and injuring 10 more. While the defense argued that he was in a state of diminished capacity, the Supreme Court finalized his death sentence in February 2016. The execution took place 17 years after the initial crime and 10 and a half years after the death sentence was finalized.

Florida | Jury recommends death sentence for Jeffrey Crum in killing of 12-year-old girl

BROOKSVILLE, Fla. — A Hernando County jury has recommended the death penalty for a 65-year-old man who was found guilty last week of raping and killing 12-year-old Jennifer Odom. Sentencing for Jeffrey Crum was held this week. Crum abducted Odom in 1993 after she stepped off her school bus in Pasco County. Her body was found in a Hernando County orange grove six days later.