Skip to main content

Autopsy reveals Oklahoma used wrong drug for execution of Charles Warner in January

Charles Warner
Charles Warner
An autopsy shows that Oklahoma used the wrong drug when it executed an inmate in January.

The Oklahoman reported Thursday that corrections officials used potassium acetate -- not potassium chloride, as required under the state's protocol -- to execute Charles Frederick Warner.

Last week, Gov. Mary Fallin issued a last-minute stay of execution for inmate Richard Glossip after officials discovered that potassium acetate had been delivered.

The autopsy says the items used in Warner's execution included 12 empty vials labeled "single dose Potassium Acetate Injection."

Potassium chloride, which stops the heart, is the final drug in the state's protocol.

After receiving the first drug in the series, midazolam, Warner said, "My body is on fire," but showed no other signs of distress and was pronounced dead after 18 minutes.

Source: kjrh.com, October 8, 2015


Autopsy: Oklahoma Used The Wrong Drug To Execute Charles Warner

Corrections officials in Oklahoma used the wrong drug to execute Charles Warner back in January. 

The revelation was included in Warner's autopsy report, which was just made public by the Oklahoma Office of the Chief Medical Examiner. According to the report, officials used potassium acetate - not potassium chloride, as state protocol calls for - to stop Warner's heart. 

Warner, 47, had been scheduled to die on the same night as Clayton D. Lockett. If you remember, Lockett's 2014 execution was also botched. A report issued after his death, found that a phlebotomist misplaced the IV line intended to deliver the lethal cocktail of drugs directly into Lockett's bloodstream. Instead, the cocktail was delivered to the surrounding tissue and Lockett eventually died of a heart attack. 

According to The Oklahoman, which first reported on Warner's autopsy report, explains: 

"The drug vials and syringes used in Warner's execution were submitted to the Office of Chief Medical Examiner after his death. 2 of the syringes were labeled with white tape '120 mEq Potassium Chloride,' his autopsy report shows. 

"However, the 12 empty vials used to fill the syringes are labeled '20mL single dose Potassium Acetate Injection, USP 40 mEq\2mEq\mL,' the autopsy report shows." 

Back in September, Gov. Mary Fallin stopped the execution of Richard Glossip, saying that the state had received potassium acetate rather than potassium chloride. 

Following that stay, Robert Patton, Oklahoma's prisons director, told reporters that the state's drug provider told them that the 2 drugs were interchangeable. Medical professionals say they are 2 different drugs. 

In a statement, Fallin said she had not been made aware that the 2 drugs may have been switched during the Warner execution until she was told the wrong drugs were procured for the the Glossip execution. 

"The attorney general's office is conducting an inquiry into the Warner execution and I am fully supportive of this inquiry," she said. "It is imperative that the attorney general obtain the information he needs to make sure justice is served competently and fairly." 

Fallin said that until the state has "complete confidence in the system" she will delay any scheduled executions. 

Oklahoma death chamber
Oklahoma's death chamber
Glossip's attorney, Dale Baich, said in a statement that Oklahoma cannot be trusted to get this procedure right. 

"The State's disclosure that it used potassium acetate instead of potassium chloride during the execution of Charles Warner yet again raises serious questions about the ability of the Oklahoma Department of Corrections to carry out executions," Baich said. "The execution logs for Charles Warner say that he was administered potassium chloride, but now the State says potassium acetate was used. We will explore this in detail through the discovery process in the federal litigation." 

According to the AP, Oklahoma's execution protocol does allow for some wiggle room in the kind of drugs used in executions. 

"The protocols include dosage guidelines for single-drug lethal injections of pentobarbital or sodium pentothal, along with dosages for a 3-drug protocol of midazolam, vecuronium bromide and potassium chloride," the AP reported. "The protocols also allow for rocuronium or pancuronium bromide to be substituted for the 2nd drug. The protocols do not list an alternate for potassium chloride, which is the 3rd drug used." 

Of course, this case again points to the issues surrounding how and where states are getting their execution drugs. Oklahoma and other states have struggled to adjust to new combinations of execution drugs after manufacturers, under pressure from critics of capital punishment, ceased providing states with drugs they had long used. 

States have turned to so-called compounding pharmacies for new drug combination that the states and the pharmacies may know little about. 

Source: NPR.org, October 8, 20125

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

Most viewed (Last 7 days)

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 Public flogging in Iran "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 th...

Japan’s Internet Wants Uchida Riko Executed. Here’s Why That Won’t Happen

This week, the prosecution in the case of a murder of a 17-year-old girl in Hokkaido came out with its sentencing recommendation. Japanese social media reacted by clamoring for the accused woman’s blood. But, while the facts of the case are heinous, the prosecutor’s decision not to seek the death penalty is grounded in long-standing precedent. Murdered for looking at the accused wrong Uchida Riko (内田梨瑚), 23, and her friends stand accused of murdering 17-year-old Murayama Runa (村山瑠奈) in Hokkaido’s Asahikawa. Prosecutors say the dispute began after Murayama posted a photo of Uchida to social media. They say Uchida’s group abducted the girl, made her undress, and then forced her to jump from a bridge.

I watched Ohio's last execution. Here's what it was like

As Gov. DeWine calls for Ohio to end capital punishment, the state’s last execution remains the one I witnessed in 2018 Inside Ohio's death house, there is a room for executions and separate witness rooms: one for those connected to the victim and another for those connected to the inmate. Windows separate the death chamber from those watching, the condemned from the living. I was there on July 18, 2018 – during Ohio’s most recent execution. Robert Van Hook was put to death that day for killing David Self in 1985. He sat on death row for three decades. I was one of three media witnesses to the execution.

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

Gov. Mike DeWine calls for Ohio to abolish the death penalty

COLUMBUS, Ohio (WCMH) — Gov. Mike DeWine Tuesday morning called on Ohio to abolish the death penalty, citing data that he said proves it is no longer a deterrent to violent crime. “For the state to take a human life, there must, in my opinion, there must be evidence that in doing so it will help protect the public, that the threat of that action will deter someone from committing murder,” DeWine said. “I do not believe that argument today can be successfully made.” DeWine cited data showing a decline in the last four decades of executions being carried out and an increase in the time inmates spend on death row.

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Thomas, Alito and Gorsuch wanted an execution that a Trump judge deemed illegal

The Supreme Court these days is generally in the business of helping executions go forward. But on Thursday night, the court did something notable: It told Alabama no. Even then, the court wasn't unanimous. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented from the refusal to let the nitrogen gas execution of Jeffery Lee proceed. What prompted the rare rejection? In line with the typical shadow docket practice, the court didn't explain itself. Nor did the dissenters, who merely noted their disagreement. But a deeper look at the case helps us understand why a majority of the court was unwilling to help the state this time.

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight.  In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution.  Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order.