Skip to main content

Indiana | Eight men languish on death row as state struggles to obtain execution drugs

INDIANAPOLIS — Eight men languish on Indiana’s death row as the state struggles to obtain the drugs needed to conduct an execution. Its longest resident has lived 29 years awaiting execution; its most recent addition has waited eight.

The de-facto moratorium on executions in Indiana has some prosecutors doubting that even a successful sentencing will be carried out, and defenders concerned for the convicted who live years under threat of death.

Meanwhile, other states such as Texas and Oklahoma have moved forward with executions this year.

Four of the men on Indiana’s death row have exhausted all their appeals and have no other recourse, according to the Indiana Public Defender Council’s website. But Indiana’s Department of Correction has no orders for executions and no dates set, according to spokeswoman Annie Goeller.

Indiana hasn’t put a man to death since December 2009, when it executed Matthew Eric Wrinkles. All the men reside in the Indiana State Prison in Michigan City.

That’s because the agency has no supply of the three drugs — methohexital, pancuronium bromide and potassium chloride — it would use in its lethal injection drug cocktail, Goeller confirmed.

Indiana and other governments have in recent years struggled to acquire the drugs from pharmaceutical manufacturers who don’t want their products — which have therapeutic purposes — to be used in executions. Some, like Texas, have switched to a single-drug protocol of Pentobarbital.

“Indiana, like many states, is looking into available options,” Goeller wrote in an email.

‘My responsibility is to move forward’


Madison County Prosecutor Rodney Cummings has pursued the death penalty in two of at least four cases since he took office in 1994.

Cummings announced his second on Aug. 17. But he’s skeptical of how it’ll unfold.

Carl Roy Webb Boards II, 42, Anderson, is accused of shooting Elwood Police Officer Noah Shahnavaz, 24, Fishers, to death during a 2 a.m. traffic stop on July 31.

“The process in this case is, “Is this case among the worst of the worst?” And I’ve never seen anything like this before in a police shooting, basically,” Cummings said. “I mean, he shot him 36 times.”

Cummings said he made the decision to pursue the death penalty after taking a hard look at the evidence himself, getting experienced prosecutors from around Indiana to evaluate the case and asking Shahnavaz’s family if they’d like to move forward with it.

“I think the likelihood of conviction is fairly — very high,” Cummings said.

Still, he added, “I think the likelihood that this defendant would ever be executed is unlikely. But we all have our responsibilities in the process, and my responsibility is to move forward in an appropriate case.”

Cummings’ office asked for an additional $50,000 in its 2023 budget to cover the early costs of a case that’s likely to stretch for years to come.

A cruel wait?


Eric Koselke defended his first death penalty case in 1985, six months out of law school. Since then, Koselke told the Capital Chronicle, “I’ve done it all.”

That Indiana has no executions planned and no drugs in stock offers him little comfort.

“They could get them at any time. I mean, we don’t know what’s going on with that, as defense attorneys. They’re not going to tell us,” said Koselke, who’s a death penalty consultant for Indiana’s Public Defender Council in addition to running his own cases.

The wait changes no calculations, he said, because for defense attorneys, chances of success peak at trial and drop with each appeal.

But the wait for death concerns him.

“I still think the sentences should be commuted,” Koselke said. “Those guys are just sitting there, captive, to people who they know, one day, are going to kill them, and they don’t even know when they’re going to die.”

“In my opinion … I think that’s cruel and unusual punishment,” he said. “I mean, they’ve been there for years waiting to be executed, and I can’t imagine living under that kind of pressure.”

Four of the men sitting on Indiana’s death row have run out of appeals. Three have appeals pending, and another was found incompetent to be executed.

Other states moving forward


Not everyone’s struggling to obtain drugs used for lethal injections.

Five states have executed 10 people in 2022, as of Aug. 25, according to the Death Penalty Information Center, a nonprofit that tracks death penalty data and disseminates reports.

Texas’s Department of Criminal Justice — which has conducted two executions this year — uses only pentobarbital, according to Director of Communications Amanda Hernandez.

Asked if her agency had experienced any difficulties in procuring the drug, Hernandez wrote simply, “We have ample supply.”

The Indiana Department of Correction didn’t respond to questions about its procurement attempts, and declined multiple requests for interview.

But in a years-long lawsuit, the agency’s staff argued that without confidentiality for manufacturers and distributors, it was “practically impossible” to get the drugs.

Washington, D.C. lawyer Katherine Toomey asked for information related to lethal injections in 2014 under Indiana’s Access to Public Records Act.

“The Department of Correction wrote her a letter that essentially said, ‘Take a long walk off of a short pier,’” said Peter Racher, a partner at Indianapolis-based Plews Shadley Racher & Braun. He and Josh Tatum eventually litigated Toomey’s case, filed in 2016.

Debra Lynch, a federal judge for the U.S. District Court for the Southern District of Indiana, wrote an order in Toomey’s favor in 2017. But behind the scenes, the Department of Correction was working with the governor’s office to devise a legislative solution Racher believes was aimed at Toomey’s request.

On the last day of 2017’s legislative session, lawmakers inserted a provision exempting information related to lethal injections from the state’s public records law into a lengthy budget bill. Lynch granted summary judgement to the agency instead.

When the Indiana Supreme Court took it up, its four members — one recused himself — split, affirming Lynch’s decision in 2021.

But the records Toomey had requested showed Indiana hadn’t successfully procured drugs for years beforehand.

“Even if, you know, The New York Times published on the front page the records that we got, there was no way that that information was going to have any current impact on anything,” Racher said.

“They made it sound like if these records were released, that’ll be the end of the death penalty in Indiana,” he added. “But I don’t think you can say it’s because of Kate Toomey’s request for public records.”

Indiana’s death row
  • Eric D. Holmes, sentenced March. 26, 1993; no appeals left.
  • Joseph E. Corcoran, sentenced Aug. 26, 1999; no appeals left.
  • Michael D. Overstreet, sentenced July 31, 2000; found incompetent to be executed.
  • Benjamin Ritchie, sentenced Oct. 15, 2002; no appeals left.
  • Roy Lee Ward, sentenced June 8, 2007; no appeals left.
  • Kevin Charles Isom, sentenced March 8, 2013; pending federal habeas corpus review.
  • Jeffrey Alan Weisheit, sentenced July 11, 2013; pending federal habeas corpus review.
  • William Clyde Gibson III, sentenced Nov. 26, 2013 and April 15, 2014; pending federal habeas corpus review.
 Sources: Indiana Public Defender Council

Source: indianacapitalchronicle.com, Leslie Bonilla Muñiz, August 30, 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)

China executes 11 members of gang who ran billion-dollar criminal empire in Myanmar

China has executed 11 members of the notorious Ming family criminal gang, who ran mafia-like scam centers in Myanmar and killed workers who tried to escape, Chinese state media reported on Thursday.  The Ming family was one of the so-called 4 families of northern Myanmar — crime syndicates accused of running hundreds of compounds dealing in internet fraud, prostitution and drug production, and whose members held prominent positions in the local government and militia aligned with Myanmar’s ruling junta. 

Florida | Man convicted of leaving girl to be eaten by gators avoids death penalty

After about 4 hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock.  A South Florida man who dropped off a 5-year-old child in the Everglades to be eaten alive by gators nearly 3 decades ago was given a second chance at life as jurors recommended he should spend the rest of his life behind bars instead of being sent to death row. After about four hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock. 

Federal Judge Rules Out Death Penalty for Luigi Mangione in UnitedHealth CEO Killing

NEW YORK — A federal judge has dismissed two charges against Luigi Mangione, the man accused of assassinating UnitedHealthcare CEO Brian Thompson, effectively removing the possibility of the death penalty in the high-profile case.  U.S. District Judge Margaret Garnett ruled Friday that the murder charge through use of a firearm — the only count that could have carried a capital sentence — was legally incompatible with the remaining interstate stalking charges against Mangione.

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.

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.

Death toll in Iran protests could exceed 30,000

In an exclusive report, the American magazine TIME cited two senior officials from the Iranian Ministry of Health, who stated that the scale of the crackdown against protesters on January 18 and 19 was so widespread that 18-wheeler trailers replaced ambulances. In its report, based on testimony from these two high-ranking officials, TIME revealed statistics that differ vastly from the official narrative of the Islamic Republic.

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.

Florida's second execution of 2026 scheduled for February

Florida’s second execution of 2026, a man convicted of killing a grocery story owner, will take place in February. Gov. Ron DeSantis signed the death warrant Jan. 23 for Melvin Trotter, 65, to die by lethal injection Feb. 24.  Florida's first execution will take place just a few weeks earlier when Ronald Palmer Heath is set to die Feb. 10. Trotter was convicted of first-degree murder and sentenced to death in 1987 for strangling and stabbing Virgie Langford a year earlier in Palmetto. 

China executes another four members of powerful Myanmar-based crime family

China has executed another four members of a powerful Myanmar-based crime family that oversaw 41 pig butchering scam* compounds across Southeast Asia.   The executed individuals were members of the Bai family, a particularly powerful gang that ruled the Laukkai district and helped transform it into a hub for casinos, trafficking, scam compounds, and prostitution.  China’s Supreme People’s Court approved the executions after 21 members were charged with homicide, kidnapping, extortion, operating a fraudulent casino, organizing illegal border crossings, and forced prostitution. The court said the Bai family made over $4 billion across its enterprise and killed six Chinese citizens.