Skip to main content

Federal judge wants Arizona to identify its execution drugs

"Death penalty states are struggling to obtain execution drugs."
A federal judge on Wednesday said he won't resume a civil rights lawsuit against the state of Arizona until it reveals which execution drugs it has in its possession.

The order issued Wednesday requires the state to tell the court which drugs it has and which of the four drug combinations it plans on using when it resumes executions. The lawsuit was put on hold last year, and the state wants the lawsuit to continue. Attorneys have until Nov. 18 to respond.

The state will comply with the judge's order, Department of Corrections spokesman Andrew Wilder said. Dale Baich, a federal death penalty defense attorney, said the order "maps out a reasoned and serious approach for the next steps in this litigation."

Meanwhile, Arizona is battling the federal government over a seized $27,000 shipment of sodium thiopental, an execution drug banned in the U.S. Arizona and Texas have tried to import the drug, but the Food and Drug Administration says that is illegal.

Death penalty states are struggling to obtain execution drugs, resulting in executions being put on hold or in alternative methods. Utah, for example, brought back firing squads as a backup. The shortage of drugs began about 5 years ago, when European manufacturers stopped supplying them.

The FDA stopped Arizona's drug shipment in July at the Phoenix airport, saying that it's illegal to import the drug.

Arizona confirmed Wednesday that it had filed an appeal with the FDA over the seizure. Attorneys for the state say the FDA doesn't have the authority to stop the shipment.

In a letter dated Oct. 23, a private attorney hired to represent the state argues that the importation doesn't violate the rules the FDA cited in its withholding of the drug.

Arizona put executions on hold following the lengthy death of convicted murderer Joseph Rudolph Wood in July 2014. Officials can't seek death warrants until the lawsuit, filed on behalf of Wood and other death-row inmates over the secrecy of execution drugs, is resolved.

It took a step last week toward resuming executions by asking the judge to allow the lawsuit to resume.

Wood took nearly 2 hours to die after he was injected with a combination of midazolam, a sedative, and hydromorphone, a painkiller. State officials have since changed execution protocols twice, ending the use of that 2-drug combination. It now has 4 drug combinations available as options to use in executions.

The FDA says it is reviewing appeals by Arizona and Texas, where officials also tried to import the drug without success.

"The FDA will follow standard importation procedures, which allow for the importer of the detained products to offer testimony as to why the shipment is in compliance with the Federal Food, Drug, and Cosmetic Act and should not be refused entry," spokesman Jeff Ventura said in a written statement. Venture said the FDA is currently evaluating Arizona's and Texas' appeals. It's unclear how long that process can take.

Texas Department of Criminal Justice spokesman Jason Clark said the state legally purchased the drugs and obtained an import license from the federal Drug Enforcement Administration before the drugs were shipped.

Texas hasn't used sodium thiopental in recent years, but prison officials want to "explore all options, including the continued use of pentobarbital or alternate drugs to use in the lethal injection process," Clark said.

Source: Associated Press, October 29, 2015


Arizona's New Lethal-Injection Drugs Don't Guard Against Botched Executions, Critics Declare

More than a year after the use of an experimental-drug cocktail left an inmate gasping on the executioner's gurney for nearly 2 hours, the Arizona Department of Corrections has revised its lethal-injection protocols - but prisoner advocates say the changes won't fix the problem.

"When the prisoner is paralyzed, he'll experience a feeling of suffocation like a horse sitting on his chest. Then, when the 3rd drug is administered, it'll be like liquid fire going through his veins." - Federal Public Defender Dale Baich

When Joseph Wood was put to death in July 2014, he was sedated with midazolam, a valium-like drug, then pumped full of the narcotic hydromorphone to stop his heart. When the mixture failed to kill him in a timely manner, officials re-administered the drugs 15 times. Witnesses counted more than 600 tortured breaths while his attorneys scrambled unsuccessfully to halt the procedure.

Arizona historically has relied on sodium thiopental and pentobarbital for executions but has struggled to find an acceptable replacement since the U.S. distributor ceased production in 2010. The FDA has not approved the drugs for importation; however, state officials twice have been caught attempting to illegally smuggle them into the states from overseas.

The new protocol, issued in response to a lawsuit calling for more transparency in Arizona's capital punishment process, trades the hydromorphone used on Wood for potassium chloride, and adds a drug to prompt paralysis. However, it relies on the same sedative, midazolam.

Arizona Federal Public Defender Dale Baich argues that midazolam isn't strong enough to ensure inmates remain unconscious throughout the execution process.

"If the sedative wears off when the prisoner is paralyzed, he'll experience a feeling of suffocation like a horse sitting on his chest," he said. "Then, when the 3rd drug is administered, it'll be like liquid fire going through his veins. It is excruciatingly painful."

Before the debacle with Wood, midazolam was used in 2 other high-profile botched executions in 2014.

The traditional cocktail of drugs, when properly administered, completes its lethal job in about 5 to 10 minutes, but with an experimental cocktail including midazolam, it took Ohio's Dennis McGuire 26 minutes to die. A witness to his execution compared him to "a fish lying along the shore puffing for that 1 gasp of air that would allow it to breathe." After Oklahoma inmate Clayton Lockett was shot up with midazolam and declared unconscious a few months later, he raised his head and said, "Oh, man . . . I'm not . . ." then continued to writhe, groan, convulse, and try to rise from the table. He suffered a heart attack 43 minutes later and died.

The Arizona Department of Corrections declined to comment on its new protocols.

The U.S. Supreme Court in June, though, ruled 5-4 that the use of midazolam as a sedative during executions does not violate the Constitution's ban on cruel and unusual punishment, saying the group of inmates behind the challenge had failed to "establish that the method creates a demonstrated risk of severe pain and that the risk is substantial when compared to the known and available alternatives."

Arizona's new protocol also allows for journalists to watch over closed-circuit television as a prisoner enters the death chamber, is strapped to the gurney, and is injected with the catheters carrying the lethal drugs. At that point, the curtains will be opened and witnesses will be allowed to watch the execution through a window. Previously, witnesses could not tune in until the catheters were inserted.

"No one is above the law - certainly not the state agency whose charge is to punish those who break the law. But they do what they damn well please." - Dan Peitzmeyer, Death Penalty Alternatives for Arizona

The inmate's attorneys also will be permitted to bring a cell phone and computer into the prison so they can move quickly to halt the execution should things turn sour.

Dan Peitzmeyer, a board member with the grassroots advocacy group Death Penalty Alternatives for Arizona, said he was "delighted" by the move toward greater transparency.

"As it's written, it's beautiful," he said.

But he has little faith that the Department of Corrections will be so open in practice, he said, pointing to the department's recent tangle with the FDA over its attempts to smuggle sodium thiopental, a more effective anesthetic than midazolam, into the country.

The agency, working with local U.S. Customs and Border Protection officials to skirt the ban on drug imports, paid $27,000 to obtain 1,000 vials of the anesthetic in July. Because many reputable manufacturers in Europe have blocked state governments from purchasing sodium thiopental as a means of protesting the death penalty, according to a recent Buzzfeed News investigation (see related article below), Arizona may have turned to India, where a salesman without a pharmaceutical background is charging states seven times the retail price for drugs of questionable origin. The FDA flagged the shipment when it arrived at Phoenix Sky Harbor International Airport.

"No one is above the law - certainly not the state agency whose charge is to punish those who break the law," Peitzmeyer said. "But they do what they damn well please."

Executions, which were put on hold following Wood's death, will not resume until the department resolves the lawsuit with the U.S. Public Defenders Office.

Source: phoenixnewtimes.com, October 29, 2015

Related article:
Report an error, an omission: deathpenaltynews@gmail.com 
Follow us on Facebook and on Twitter

Most viewed (Last 7 days)

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

US Department of Justice announces decision to resume federal executions

The Department of Justice (DOJ) announced on Friday that it will resume the federal use of capital punishment and that it is seeking death sentences against 44 defendants. DOJ also said that it will use firing squads, electrocution, or nitrogen asphyxiation if the drug used in lethal injection is unavailable. The announcement follows the Restoring and Strengthening the Federal Death Penalty report, published on April 24. The report is especially critical of the moratorium on federal executions, ordered by Attorney General Merrick Garland in July 2021, to remain until the death penalty could be conducted “fairly and humanely.” Garland was concerned about the federal lethal injection protocol, which uses only one drug, pentobarbital, and the possibility that it causes “unnecessary pain and suffering.” In response to Garland’s moratorium and concerns, President Biden commuted the sentences of 37 prisoners on federal death row, leaving only three prisoners.

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

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...

Florida executes Chadwick Scott Willacy

STARKE, Fla. -- A Florida man who set his neighbor on fire after she returned from work to find him burglarizing her home was executed Tuesday evening. Chadwick Scott Willacy, 58, received a three-drug injection and was pronounced dead at 6:15 p.m. at Florida State Prison near Starke for the 1990 killing of Marlys Sather. It was Florida's fifth execution this year. The curtain to the execution chamber went up promptly at the scheduled 6 p.m. time, and the lethal injection got underway two minutes later, after Willacy made a brief statement.

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

Tennessee | Man set to be executed files motion claiming DNA evidence will exonerate him

MEMPHIS, Tenn. — Attorneys for death row inmate Tony Carruthers filed a motion in Shelby County Criminal Court seeking immediate DNA testing on evidence they claim will prove his innocence in a 1994 triple murder.  Carruthers is scheduled for execution on May 12. He was convicted and sentenced to death for the kidnapping and murders of 24-year-old Marcellos Anderson, 17-year-old Delois Anderson, and 21-year-old Frederick Scarborough. Prosecutors at trial alleged the victims were buried alive in a Memphis cemetery as part of a drug-related robbery.

Florida Schedules Two Executions for Late April

TALLAHASSEE, Fla. — Governor Ron DeSantis has directed the Florida Department of Corrections to move forward with two executions scheduled for late April 2026, marking a significant ramp-up in the state's use of capital punishment. The scheduled deaths of Chadwick Willacy and James Ernest Hitchcock follow a series of landmark judicial rulings that have kept both men on death row for decades.

Singapore executes man for trafficking 1kg of cannabis

SINGAPORE — Singaporean authorities executed Omar bin Yacob Bamadhaj at Changi Prison on Thursday, April 16, 2026, following his 2019 conviction for importing 1,009.1 grams of cannabis. Bamadhaj, 41, though some reports have cited his age as 46, was arrested on July 12, 2018, during a routine search at the Woodlands Checkpoint. Officers discovered the narcotics wrapped in plastic and hidden within his vehicle as he attempted to enter Singapore from Malaysia.  Under the Misuse of Drugs Act, the threshold for the mandatory death penalty involving cannabis is 500 grams, a limit this shipment exceeded by more than double.

Florida | Man avoids death penalty in Daytona Beach triple murder

Jerome Anderson shot and killed Antoine Melvin, 42, John Burch, 65, and Patrick Lassiter, 35, in 2023. A man pleaded no contest to a triple-murder in Daytona Beach and was sentenced April 20 to three consecutive life terms in prison as part of a plea deal in which he avoided a possible death sentence. Jerome Anderson, 41, was indicted on three counts of first-degree murder and possession of a firearm by a convicted felon in the 2023 triple-slaying. Anderson pleaded no contest to the three first-degree murder charges April 20 and, in exchange, Assistant State Attorney Andrew Urbanak agreed not to continue to pursue the death penalty.