Skip to main content

Arizona Enlists Major Law Firm To Import Execution Drugs From India

National law firm Alston & Bird is fighting the FDA, asking it to release execution drugs that Arizona imported from India. The state has said it will sue if the FDA doesn't do so.

The Arizona Department of Corrections has enlisted the help of a national law firm in its fight against the federal government to import execution drugs, BuzzFeed News has learned.

Alston & Bird, an Atlanta-based law firm with more than 700 lawyers and offices across the country, has taken on representation of the department in its fight against the Food and Drug Administration, which has detained 1,000 vials of sodium thiopental since this past summer that were slated for delivery to the department.

Arizona, Texas, and Nebraska purchased the drug from a man in India named Chris Harris - a man without a pharmaceutical background. Harris has been the subject of ongoing BuzzFeed News coverage.

The FDA warned Arizona and the other states that importing the drug would be illegal, as it is an unapproved new drug and has no FDA-approved manufacturer. The states ordered the sodium thiopental anyway.

Nebraska's shipment never left India, but Texas and Arizona's shipments did cross the ocean - only to be stopped by the FDA at U.S. airports.

Alston & Bird, which identifies itself as "counsel for the Arizona Department of Corrections," is arguing on behalf of the department that the FDA should release the drugs since they would be used "only for law enforcement."

"The restrictive legend on the label ('For law enforcement purpose only') makes that clear," Alston & Bird partner Daniel Jarcho wrote in a letter to the FDA dated Oct. 23, 2015. "The purpose of [the statutes] is to provide warnings to patients as they take their own drugs."

"Here there will be no lay patient 'users' taking the detained drugs. This is a circumstance in which the imported substance is a drug that will not be used for medicinal purposes at all," Jarcho, based out of the firm's D.C. office, wrote.

Arizona is arguing that, since the drugs are for lethal injection, they are exempt from the requirements the FDA cited in detaining the shipment.

In the letter, Jarcho also "demand[ed]" that the FDA and Customs and Border Protection redact or omit information about the drug supplier "unless required by law to release it," citing Arizona's secrecy law surrounding executions.

BuzzFeed News, however, previously was able to determine that Arizona and Texas purchased the drugs from Harris' company, Harris Pharma. Harris registered a site with the FDA claiming that it could be used to manufacturer drugs, although that site was just a small office space. The location he has provided to the DEA is an old apartment building he no longer lives in - and that he left while still owing rent.

According to FDA documents, the drugs Harris sold were manufactured by a company in India called Health Biotech Limited.

Arizona's letter to the FDA made no mention of a 2012 federal court order that the FDA had "a mandatory obligation ... to refuse to admit the misbranded and unapproved drug, thiopental, into the United States." The order also directed the FDA to stop "permitting the entry of, or releasing any future shipments of, foreign manufactured thiopental that appears to be misbranded or [an unapproved new drug]." A federal appeals court upheld the order in 2013.

Arizona, like Texas and Nebraska, has also enlisted the help of a former FDA employee named Ben England who testified on the other side of the 2012 case. In that case, he argued on behalf of death row inmates that the drugs violated federal law.

In a statement, an Alston & Bird spokesperson would only say, "[W]e are not at liberty to discuss the matter." According to his firm bio, Jarcho previously represented the FDA "in federal court civil and criminal litigation" while working as a trial attorney at Justice Department.

England, who is cc'ed on the Jarcho letter and identified as "Co-counsel" to the Arizona Department of Corrections, has not responded to numerous requests for an interview. England, who previously was a longtime investigator for the FDA, also has been the subject of ongoing BuzzFeed News coverage.

The FDA is continuing to detain the shipments, the Arizona Department of Corrections said. In a recent hearing in a death penalty case, an attorney with Arizona Attorney General Mark Brnovich's office said that the state would sue if the FDA did not release the drugs.

"There's no further administrative exhaustion needed [if the FDA denies the request]?" U.S. District Judge Neil Wake asked.

"No. At that point we would proceed in court to challenge," assistant attorney general Jeffrey Sparks said.

The Arizona attorney general's office told BuzzFeed News this week that it was not representing the Department of Corrections on the FDA appeal, but it did not immediately respond when asked if the office would represent the Department of Corrections if they chose to sue.

Source: BuzzFeedNews, January 29, 2016

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

Most viewed (Last 7 days)

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Saudi Arabia executed 356 people in 2025, highest number on record

Analysts attribute increase to kingdom’s ‘war on drugs’ as authorities kill 356 people by death penalty Saudi authorities executed 356 people in 2025, setting a new record for the number of inmates put to death in the kingdom in a single year. Analysts have largely attributed the increase in executions to Riyadh’s “war on drugs”, with some of those arrested in previous years only now being executed after legal proceedings and convictions. Official data released by the Saudi government said 243 people were executed in drug-related cases in 2025 alone, according to a tally kept by Agence France-Presse.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

M Ravi, the man who defied Singapore regime's harassment, dies

M Ravi never gave up despite the odds stacked against him by the Singapore regime, which has always used its grip on the legal process to silence critics. M Ravi, one of Singapore's best-known personalities who was at the forefront of legal cases challenging the PAP regime over human rights violations, has died. He was 56. The news has come as a shock to friends and activists. Singapore's The Straits Times reported that police were investigating the "unnatural death".

Singapore | Prolific lawyer M Ravi, known for drug death-penalty cases, found dead

Ravi Madasamy, a high-profile lawyer who represented death-row inmates and campaigned against capital punishment, was found dead in the early hours, prompting a police investigation into an unnatural death KUALA LUMPUR — Prolific Singapore lawyer Ravi Madasamy who tried to save Malaysian drug traffickers from the gallows found dead in the early hours with police investigating a case of unnatural death. Lawyer Eugene Thuraisingam, who had previously represented 56-year-old Ravi in court and described him as a friend, said he was deeply saddened by the news.

USA | Justice Department Encourages New Capital Charges Against Commuted Federal Death Row Prisoners

On Dec. 23, 2024, former President Joseph R. Biden Jr. commuted the sentences of nearly all federal death row prisoners, sparing 37 men from execution. Just 28 days later, on Jan. 20, 2025, newly inaugurated President Donald J. Trump issued an executive order encouraging state and local prosecutors to pursue new charges against those same prisoners, reopening the possibility of capital punishment in state courts.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

Iran | Executions in Shiraz, Borazjan, Ahvaz, Isfahan, Ardabil, Rasht, Ghaemshahr, Neishabur

Iran Human Rights (IHRNGO); December 23, 2025: Mahin Rashidi, Abbas Alami, Naser Faraji, Tohid Barzegar and Jamshid Amirfazli, five co-defendants on death row for drug-related offences, were secretly executed in a group hanging in Shiraz Central Prison.  According to information obtained by Iran Human Rights, four men and a woman were hanged in Shiraz (Adel Abad) Central Prison on 17 December 2025. Their identities have been established as Mahin Rashidi, a 39-year-old woman, Abbas Alami, 43, Naser Faraji, 38, Tohid Barzegar, 51, and Jamshid Amirfazli, 45, all Kashan natives.