Skip to main content

Tennessee failed to follow its own execution protocols since 2018, new report finds

Gov. Bill Lee ordered the independent review. He released it Wednesday and outlined a series of next steps, including revising the lethal injection protocol.

The Tennessee Department of Correction failed to follow its own lethal injection protocol since it was introduced in 2018, according to the findings of an independent probe into the state's execution procedures released Wednesday.

The probe, led by former U.S Attorney Edward Stanton, found that the three drugs used in Tennessee's lethal injection protocol were not properly tested for endotoxins, a type of contaminant. This oversight was caused in part by a lack of communication: TDOC never gave its lethal injection protocol to the Texas pharmacy contracted to oversee the procurement and testing of the deadly drugs, the probe found.

The department also relied heavily on one staff member to procure the drugs, without "providing much, if any, professional guidance; resources; or assistance," the report found.

The findings largely mirror a Tennessean review of hundreds of pages of court records published in May that found the state did not adhere to its own protocols since reinstituting the death penalty in 2018.

Republican Gov. Bill Lee tapped Stanton to lead the investigation into the state's lethal injection protocols in May, following a failure to properly test the lethal drugs the state planned to use to kill Oscar Franklin Smith.

In response to the report, Lee's office released a statement that said there would be leadership changes at the department, including the replacement of interim TDOC commissioner Lisa Helton with a yet-unnamed permanent hire in January 2023. The lethal injection protocol and associated training would also be revised, the statement said.

“I have thoroughly reviewed the findings in the independent investigator’s report and am directing several actions to ensure the Tennessee Department of Correction adheres to proper protocol,” Lee said in a statement. “We are proactively sharing both the third-party report and my administration’s next steps to ensure continued transparency for the people of Tennessee.”

Federal public defender Kelley Henry, who represents death row prisoners in Tennessee, said the report contained "troubling findings."

"It is shocking to learn that the Tennessee Department of Correction never gave a copy of the lethal injection protocol to the pharmacist who made the drugs. We have certainly been led to believe that the pharmacist was not only familiar with the protocol, but actually helped draft the protocol," Henry said. "What we learned today is that secrecy in our state’s execution process breeds a lack of accountability, sloppiness, and a high risk of horrifying mistakes."

Lee granted five death row inmates a temporary reprieve earlier this year pending the results of the probe. The Tennessee Supreme Court will now be in charge of scheduling those executions. None are set yet for 2023.

Criticism centers on Department of Correction leadership


Tennessee has executed seven people since it ended a nearly decade-long pause in executions in 2018. Five of those men chose to die by the electric chair, while Billy Ray Irick and Donnie Johnson chose to die by lethal injection. 

The report found the chemicals used to kill Irick and Johnson were not tested for endotoxins, nor were the chemicals prepared as backups for the men killed by electrocution. In addition, the midazolam used in Irick's execution was not tested for potency, the report found. Midazolam is intended to render inmates unconscious and prevent them from feeling the painful effects of the subsequent drugs.

Irick choked and gasped for air as the drugs were administered and appeared to push against the restraints at one point during the execution, witnesses to his August 2020 execution said. A doctor later testified in a federal case that Irick “experienced the feeling of choking, drowning in his own fluids, suffocating, being buried alive, and the burning sensation caused by the injection of the potassium chloride.”

The report blamed TDOC leadership for failing to ensure adherence to its own protocol.

"TDOC leadership viewed the lethal injection process through a tunnel-vision, result-oriented lens rather than provide TDOC with the necessary guidance and counsel needed to ensure that Tennessee’s lethal injection protocol was thorough, consistent, and followed," the report said.

Lee announced a pause on all executions and the third-party review of the state’s execution process on May 2, less than two weeks after he granted Smith a temporary reprieve just an hour before the state was scheduled to execute him. At the time, Smith had served more than 32 years on death row for the 1989 murder of his estranged wife and her two sons. 



Lee said that he learned of issues with the state’s lethal injection protocol the day Smith was scheduled to die, citing a “technical oversight” which was later shown to be the Department of Correction’s failure to follow its own testing procedures for the lethal drugs. 

A lawsuit challenging the state's lethal injection protocol brought by death row inmate Terry Lynn King was halted in May 2022 after the governor announced the pause. But not before the state told the court it had submitted inaccurate information to the court. The state’s attorneys did not specify the inaccuracies. 

Mixture of drugs used in lethal injections


Like many states, Tennessee uses a mixture of three drugs to kill its death row inmates. However, pharmaceutical companies and medical professionals typically want nothing to do with executions, so the development and implementation of the mixture and associated protocols have typically been carried out by corrections officials without much in the way of relevant training or expertise.

The three-drug mixture used to execute both Irick and Johnson begins with midazolam, which is meant to render inmates unconscious and prevent them from feeling painful effects of the next two drugs. The second drug, vecuronium bromide, is a paralytic that is supposed to keep the condemned from thrashing around but makes it difficult to tell if midazolam worked as intended (experts have testified that it cannot work as proponents claim). Finally, potassium chloride is administered, which stops the heart and can cause immense burning pain. 

But obtaining the drugs proved difficult. For example, drug manufacturer Algoven warned Tennessee not to use its products for executions, the report showed. "If your state has purchased products manufactured by Alvogen for use in capital punishment procedures − either directly or indirectly − we ask that you immediately return our products," Andrea Sweet, vice president of Legal Affairs at Alvogen wrote to then-Gov. Bill Haslam in 2018.

Similar objections from other drug manufacturers prompted the state to contract with a compounding pharmacy. Because compounded drugs are not subject to manufacturing regulations, testing is required to ensure their quality.

If lethal drugs aren’t handled and tested properly, they can lose their potency, potentially making the execution more painful, prolonged and torturous than necessary.

But the department had only one employee review the testing results. And that employee had no medical or pharmaceutical background or relevant training that "would aid them in understanding testing reports," the report found.

"The fact of the matter is not one TDOC employee made it their duty to understand the current Protocol’s testing requirements and ensure compliance with same," the report concluded.

Source: tennessean.com, Josh Keefe, December 28, 2022

Most viewed (Last 7 days)

Judge allows Tennessee death row inmates to include botched executions in lawsuit

NASHVILLE, Tenn. (WKRN) — Two failed executions in Tennessee are now at the center of a growing legal battle over the state’s lethal injection protocol after a judge ruled in favor of death row inmates Friday. A Davidson County judge ruled death row inmates can expand their lawsuit to include new allegations stemming from the botched executions of Tony Carruthers and Christa Pike. The original lawsuit, filed in March 2025, argues Tennessee’s death penalty protocol violates the constitutional rights of death row inmates with complex medical conditions. More than one year later, the state then failed to execute two inmates: Tony Carruthers and Christa Pike.

Oklahoma executes James Pavatt

Pavatt claimed innocence in the slaying of an Oklahoma City advertising executive for insurance money. His co-defendant and former lover Brenda Andrew is also on death row. James Pavatt made no final statement before being executed Thursday for killing his lover’s estranged husband nearly 25 years ago. Pavatt merely shook his head when asked by Oklahoma Department of Corrections Chief of Operations Jason Sparks if he had any last words. Pavatt appeared to share a quick word with Michael Scott, his spiritual advisor, after microphones inside the death chamber had been cut off.

Iran executes three more January protesters accused of spying for Israel, US

In a statement, the judiciary said that “the death sentences of Hassan Deoband, Hamid Kazemi, and Reza Zangana were carried out on charges of ‘participating in operational action for the infamous Zionist regime and the United States and hostile groups.’” ERBIL, Kurdistan Region of Iraq – Iran on Sunday executed three more protesters over their involvement in the nationwide demonstrations in January, the judiciary announced, accusing them of spying for the United States and Israel and destroying infrastructure. 

Oklahoma Death Row inmate James Pavatt scheduled to be executed Thursday

James Pavatt is scheduled to be executed on Thursday for the 2001 killing of an Oklahoma City man. OKLAHOMA CITY—Oklahoma Death Row inmate James Pavatt is set to be executed for the 2001 murder of advertising executive Rob Andrew. His execution is scheduled for Nov. 12, 2026. In 2004, Pavatt and his lover/co-conspirator, Brenda Andrew, were sentenced to death for planning the killing of her estranged husband in an attempt to claim his $800,000 life insurance policy. Brenda is the only woman on Oklahoma’s death row.

Two men set to be executed in Texas and Oklahoma today

The U.S. was preparing to carry out two executions on Thursday, one in Oklahoma and one in Texas. In Texas, the condemned man is John Allen Rubio, 46, who is set to be put to death at the state prison in Huntsville. He was convicted of beheading three young children he was raising in a 2003 killing that rattled a community along the U.S.-Mexico border. The other man facing execution is James Pavatt, 73, who is set to die by lethal injection at Oklahoma's state penitentiary in McAlester.

Iran | 10 executed in Ahvaz, Isfahan, Karaj

Four prisoners, including an Afghan national, were executed at Ghezel Hesar Prison in Karaj on Wednesday, November 4, 2026. All four had been sentenced to death under Iran’s qisas (retributive justice) laws on murder charges. According to information obtained by the Hengaw Organization for Human Rights, one of the executed prisoners was identified as Gol Agha Eskandari, an Afghan national. Eskandari had been convicted of murder following a dispute between neighbors in the Khorasan Square area of Tehran in July 2024 and subsequently sentenced to death.

Texas executes John Rubio

Texas man who killed 3 children is put to death, hours after an Oklahoma execution James Pavatt was put to death in Oklahoma for Rob Andrew’s killing. In Texas, John Allen Rubio was executed for the deaths of Julissa Quesada, John E. Rubio, and Mary Jane Rubio.  A Texas man convicted of fatally stabbing and beheading 3 young children in a squalid, windowless apartment in 2003 was executed Thursday evening, hours after Oklahoma put another man to death. 

Why Many Americans Think Christa Pike Should Undergo a Second Execution Attempt

On October 20, Reuters released the results of a survey showing that 33% of the American public want Tennessee to try again to put Christa Pike to death. Another 26% are undecided. That means 59% of the public would support or be open to such a possibility. I want to suggest a reason why. Second execution attempts are rare in this country and, as a result, the public knows little if anything about them. That may help explain why so many would give Tennessee another chance to kill Christa Pike.

Florida executes Jesse Guardado

Man convicted of 2004 killing is put to death in Florida’s 19th execution this year, tying a record Florida carried out a record-tying 19th execution of the year in an unusual instance of 3 states administering the death penalty on the same day. Jesse Guardado was pronounced dead at 6:13 p.m. following a 3-drug injection at a state prison in Starke. He had pleaded guilty to fatally stabbing 75-year-old Jackie Malone inside her Walton County home in 2004 before stealing her jewelry box, $80, and other valuables to buy drugs. The woman had helped him get a job and housing.

Alabama executes Michael Shannon Taylor

Alabama executes man convicted of 1991 double murder  The state of Alabama carried out the execution of 54-year-old Michael Shannon Taylor Thursday night for the 1991 murders of an elderly Etowah County couple, 35 years and 1 day after the crime.  Taylor, convicted in 1993 on 3 counts of capital murder, was sentenced to death unanimously by a jury for killing 83-year-old Ivan Ernest Moore and 79-year-old Lucille Moore inside their Gadsden home during a robbery. Taylor was 19 at the time.