Skip to main content

USA | Execution Secrecy Bill Passes in Florida, Fails in Idaho

Bills to increase secrecy in the conduct of executions have met different fates in Florida and Idaho.

Florida legislators on March 7, 2022 gave final legislative approval to a bill that would conceal the identity of execution participants, including suppliers of execution drugs. Meanwhile, a similar measure in Idaho passed the House of Representatives but failed on a tie vote in a Senate committee on March 9.

Supporters of the secrecy bills have asserted, without evidence, that they are necessary to protect drug suppliers from perceived harassment or intimidation. Opponents argue that the secrecy bills are actually designed to prevent drug companies from learning whether their medicines have been obtained in violation of their distribution policies and are being misused to execute prisoners. They also argue that secrecy provisions impair public oversight of death-penalty practices and prevent the public from holding states accountable for botched executions and misconduct in obtaining execution drugs. The bills faced significant opposition from civil liberties groups, free speech and media organizations, and defense attorneys.

In Florida, two companion secrecy bills—House Bill 873 and Senate Bill 1204—unanimously passed the criminal justice committees in the house and senate. These identical bills would exempt the Department of Corrections from having to disclose to the public the companies that provide the drugs used in lethal injection as well as the people who administer the drugs during the execution. HB 873 passed the House by a vote of 84-31 on March 3, 2022 then moved to the Senate, where it passed by a 28-10 vote on March 7. It now moves to the governor.

By contrast, the Idaho bill, HB 658, passed the Idaho House of Representatives on February 24, 2022, by a 38-30-2 vote before failing on a 4-4 vote in the Senate Judiciary and Rules Committee on March 9. The bill would have concealed from the public the identity of any company that provides medical supplies or “compounds, synthesizes, tests, sells, supplies, manufactures, stores, transports, procures, dispenses, or prescribes chemicals or substances” for use in executions and barred the discovery and use of that information in court proceedings. The bill also provided assurances of anonymity for medical staff and escort teams involved in executions and insulated medical professionals from any disciplinary action that might otherwise result from their participation in executions.

In Idaho, bill sponsor Rep. Greg Chaney (R-Caldwell) said “confidentiality” is necessary to protect the practice of executions. He said, without confidentiality, death penalty opponents will “name and shame” any company willing to sell drugs until the companies are no longer willing to provide execution drugs.

“As a functional matter, a ‘no’ vote on this ends the death penalty in Idaho; only firing squad and lethal injection are in our constitution as appropriate means of execution,” Chaney said, according to the Idaho Capital Sun.

Echoing this argument, the Florida Department of Corrections, in its bill analysis, asserted that secrecy protects companies from “potential harassment, intimidation or harm” from activists against the death penalty. Florida Rep. Mike Beltran (R-Lithia) said confidentiality is needed to make companies willing to sell the drugs to the state.

“I am not saying we need to have a death penalty or not. But if we are going to have a death penalty, we should be able to administer it with accordance to the constitution,” Beltran said, according to Tampa Bay’s Fox-13.

At a hearing on the Idaho bill, legislators heard opposition from the American Civil Liberties Union, the Idaho Press Club, and a retired judge who had reviewed the last two executions in the state. Retired U.S. Magistrate Judge Ron Bush testified about his experience presiding over the case of Paul Ezra Rhoades, who challenged Idaho’s execution protocol before his 2011 execution. Bush said the Department of Correction withheld information about execution drugs “even though they were well aware that I was concerned about the hasty manner in which the state was going about this execution.” Judge Bush learned years later that the state had paid cash to a pharmacist in Salta Lake City to purchase execution drugs on the very day he was holding a hearing in Rhoades’ case. “I don’t know if that information would have caused me to think differently than I did, but it certainly would have been something I would have looked at carefully,” Bush said.

As in Idaho, a broad coalition of organizations opposed the Florida bill, including the Florida First Amendment Project, the Florida Catholic Conference of Bishops, and the Tampa Bay Times editorial board. The Tampa Bay Times editorial board argued that transparency is even more important around execution practices in light of recent cases of botched executions. “Why would Florida seek to become a de facto part of a drug manufacturers’ risk management arm?” reads the editorial. “It’s not like executions always run smoothly. Florida has had several controversial ones where inmates appear to be in severe pain or at least take much longer to die than expected. In October, Oklahoma’s first execution since several flawed procedures years earlier, left the inmate convulsing and vomiting unexpectedly.”

DPIC’s 2018 report, Behind the Curtain, examined the use of secrecy to hide problems and questionable practices in executions. Secrecy laws and policies have allowed states to cover up the use of unsafe suppliers for execution drugs. For example, a Tulsa pharmacy that provided drugs in secret to Missouri was found to have committed “significant” violations of pharmacy regulations, including improper disinfection and sterilization practices. Major pharmaceutical companies, such as Pfizer and Johnson & Johnson, have opposed the use of their products in executions. Hikma Pharmaceuticals sent the state of Nevada a cease-and-desist letter threatening to sue the state for illegally obtaining ketamine produced by Hikma. Nevada’s supply of ketamine expired in February of 2022, at least temporarily thwarting the state’s attempt to execute Zane Floyd.

Source: Death Penalty Information Center, Staff, March 11, 2022


🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Indiana's governor turns down clemency request, says execution planned for Thursday will go forward

Indiana’s governor turned down a clemency request and says an execution planned for Thursday will go forward against a man who killed his girlfriend’s two children in 2010 Indiana's governor turned down a clemency request Monday and said an execution planned for this week would go forward for a man who set a fire that killed his girlfriend's two children in 2010. Gov. Mike Braun said he would follow the Indiana Parole Board's recommendation to let the death sentence stand for Jeffrey Weisheit. “The Indiana Department of Correction will continue preparations to carry out the court-ordered sentence of execution” Thursday, said Braun, a Republican.

Indiana governor rejects brain scans for death row inmate ahead of execution

Gov. Mike Braun is still weighing Jeffrey Weisheit’s clemency request, however. Gov. Mike Braun’s administration will not allow death row inmate Jeffrey Weisheit to undergo additional brain scans before his scheduled execution next week. The decision follows weeks of legal efforts by his attorneys to obtain additional medical evidence for his clemency case. Braun’s general counsel, Stephanie Flittner, met with Weisheit’s legal team Wednesday to discuss the testing and his pending clemency request.

Indiana executes Jeffrey Weisheit

An Indiana man who admitted killing his girlfriend's two children was executed early Thursday in the first of three lethal injections scheduled for the same day in the U.S. Jeffrey Weisheit killed the children, ages 8 and 5, by setting fire to his girlfriend's house in the Evansville area in 2010.  The remains of 8-year-old Alyssa Lynch and 5-year-old Caleb Lynch were recovered from the ruins of a fire at their home in the Evansville area. Alyssa’s body was in a closet. Caleb’s body was on a mattress, restrained with duct tape. A railroad flare was in his underwear, and another was under his body. The children’s mother, Lisa Lynch, was at work at the time. She was in a relationship with Weisheit, but it was breaking down, investigators said. Weisheit spent 13 years on death row after his conviction. Weisheit died at the Indiana State Prison in Michigan City. The lethal injection started just after midnight, and he was pronounced dead at 12:45 a.m., according to Noelle Russell, ...

‘I’m Not Incompetent’ Christa Pike’s execution doctor, Mark Fowler, speaks.

Dr. Mark Fowler knew something was wrong after 45 minutes passed without word from the warden. In most cases, executions take no more than ten minutes. When he was summoned from his waiting room to the chamber next door, he saw 50-year-old Christa Pike, who’d received two lethal doses of pentobarbital that night, strapped to a gurney, gasping for air. “She’s not dead,” Fowler recalls the warden saying. “I thought, Well, in human beings there’s a spectrum of responses to medications and we’ll give it a few more minutes,” he says. Another half-hour passed. Fowler worried she might survive with irreversible brain damage. “She’s going to be in a permanent vegetative state with a quarter-million dollars in medical expenses.” He came back in and diagnosed her as comatose. The deputy commissioner ordered the execution to stop. Now, instead of taking part in Pike’s death, Fowler’s job was to bring her back to life.

USA | 3 states to carry out rare triple execution this week

If all three executions are carried out as planned, it will be the second triple execution in the U.S. this year, reflecting an overall uptick in the death penalty since the beginning of 2025. Three states are planning to carry out a rare triple execution this week on Nov. 5. Indiana is set to execute Jeffrey Weisheit, 50, by lethal injection for the 2010 murders of his girlfriend's two children, 8-year-old Alyssa Lynch and her 5-year-old brother, Caleb. The children were burned alive in their home.

Vigil planned ahead of high-profile Oklahoma inmate's execution

OKLAHOMA CITY (KOKH) — After the Oklahoma Pardon and Parole Board denied clemency for a high-profile death row inmate in Oklahoma, a local organization is protesting his execution. James Pavatt was sentenced to death for the 2001 murder of Rob Andrew, a 39-year-old Oklahoma City advertising executive and father of two. Evidence presented at Pavatt's trial showed that he began an affair with Andrew's wife, Brenda Andrew, in 2001. Prosecutors argued that the murder was especially cruel and that Pavatt killed Andrew for an $800,000 insurance policy.

Texas | Jury recommends death penalty for man convicted of killing San Benito police lieutenant

A Cameron County jury recommended the death penalty for Rogelio Martinez for killing a San Benito police lieutenant during a police chase in Brownsville.  Martinez stared forward as the judge announced the recommendation. Lt. Milton Resendez's family told Martinez in court that their lives will never be the same.  Resendez's wife and siblings walked past cameras and declined to speak with reporters. Inside the courtroom, where no audio or video recording was allowed, Resendez's sister Jackie raised her voice at Martinez during impact statements. 

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. 

US woman who survived botched execution says she's in constant pain

Convicted murderer Christa Pike said Friday that she is in constant pain, a month after surviving a botched execution attempt in the US state of Tennessee. "There hasn't been a moment since that night when I haven't been in pain," Pike said in a statement released by her lawyers. "My body hurts. My arms hurt. My hands hurt. My throat hurts," she said. "I still struggle to speak. And the pain isn't just physical. There is pain in my mind and in my soul."

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.