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)

South Carolina | Inmate who believes he’s died repeatedly can’t be executed, judge rules

SPARTANBURG — A 59-year-old man sentenced to death for killing a state trooper in Greenville County in 2000 can’t be executed because of a mental illness that’s left him incoherent and believing he’s immortal, a Circuit Court judge has ruled. John Richard Wood is the first condemned inmate in South Carolina found not competent to be executed since the state restarted capital punishment in September 2024. The seven executions since then include three men who chose to die by firing squad — the latest in November. Wood, convicted 24 years ago, was among death row inmates in line to receive a death warrant after exhausting their regular appeals.

Idaho eyes restart of death row executions as firing squad draws near

BOISE, Idaho — Idaho’s prison system has nearly completed execution chamber upgrades to carry out the death penalty by firing squad as the state’s lead method and will have a team of riflemen ready to go by the time a state law takes effect this summer. As part of the transition, the Idaho Department of Correction hopes to limit participation by its officers as the shooting of condemned people in prison to death is prioritized over lethal injection. Toward that effort, prisoner leadership sought to implement a push-button technology to avoid needing IDOC workers to pull the triggers.

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...

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.

South Dakota | Latest appeal from state's lone death row inmate denied

SIOUX FALLS, S.D. (KELO) — The U.S. Court of Appeals for the 8th Circuit has rejected the latest appeal from Briley Piper, the only person on death row in South Dakota. In March 2000, Briley Piper, along with co-defendants Elijah Page and Darrell Hoadley, conspired to burglarize the Lawrence County home of 19-year-old Chester Poage before abducting and murdering him by beating, stabbing, and stoning in a remote area.  Piper was subsequently arrested, convicted of murder, and sentenced to death, while his accomplices received either a death sentence—carried out against Page in 2007—or a sentence of life imprisonment without parole. 

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.”  

Texas | James Broadnax's appeals: US Supreme Court denies 2 claims, confession pending

Despite an 11th-hour confession from another man, James Broadnax is slated to be executed by the state of Texas later this week.  Broadnax, 37, is scheduled to be put to death by lethal injection April 30 in Huntsville. He was condemned by a Dallas County jury in 2009 for the deaths of Stephen Swan, 26, and Matthew Butler, 28, outside their Garland music studio. Broadnax and his cousin, Demarius Cummings, had set out to rob the men, but left with only $2 and a 1995 Ford, according to previous reporting from The Dallas Morning News. 

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.

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.

Florida executes James Ernest Hitchcock

STARKE, Fla. (AP) — A Florida man convicted of beating and choking his brother’s 13-year-old stepdaughter to death nearly 50 years ago was executed Thursday evening. James Ernest Hitchcock, 70, was pronounced dead at 6:12 p.m. following a lethal injection at Florida State Prison near Starke. He was convicted of the July 1976 killing of Cynthia Driggers. The curtain to the death chamber opened promptly at the 6 p.m. execution time. Hitchcock’s entire body was covered in a sheet up to his head. He stared at the ceiling as the team warden made a call, then gave his final statement.