Skip to main content

Tennessee Gov. Says No Death Warrants Until Execution Protocol Problems Fixed

Tennessee will not resume executions until it fixes systematic problems with the administration of its execution protocol, Governor Bill Lee has announced. “It’s a very important issue that has to be done correctly,” Lee told reporters on January 5, 2023. “And we will take the time to fix the protocol and to make certain that we don’t move forward until everything’s in place.”

Lee, a Republican, halted the execution of Oscar Smith on April 21, 2022 after learning that the Tennessee Department of Corrections (TDOC) had violated the state’s execution protocol by failing to test the drugs it intended to use in the execution for possible contaminants. He then granted reprieves to four other prisoners scheduled for execution later in the year and announced that the state had retained former U.S. Attorney Ed Stanton, an appointee of President Barack Obama, to conduct an independent investigation of the state’s compliance with its protocol.

In a scathing 180-page report that was publicly released on December 28, 2022, Stanton found that TDOC repeatedly failed to follow its own protocols in performing seven executions and preparing for an eighth between 2018 and 2022. The report documented a pattern of misconduct or incompetence on the part of execution team members who never provided a copy of the execution protocol to the state’s drug supplier and ignored or failed to inform others on the execution team of the need to conduct testing for contamination and potency.

“[N]ot one TDOC employee made it their duty to understand the current Protocol’s testing requirements and ensure compliance,” the report said, and TDOC leadership “viewed the lethal injection process through a tunnel-vision, result-oriented lens rather than provide the necessary guidance and counsel to ensure that Tennessee’s lethal injection protocol was thorough, consistent, and followed.”

The Tennessee Supreme Court, which sets execution dates in the state, “certainly understands that we need to create a protocol that is appropriate going forward,” Lee said in his comments to reporters. “And I suspect that the Supreme Court will certainly wait for that plan to be developed in order to plan or to put any executions back on the table.”

Lee subsequently announced that he had appointed Frank Strada, the deputy director of the Arizona Department of Corrections to head TDOC and to work with the governor and attorney general’s office to revise the protocol and to review and revise the training of TDOC execution personnel. Strada, who assumed leadership of TDOC on January 9, had overseen the resumption of executions in Arizona in 2022 after an eight-year hiatus. The state carried out three executions in 2022, and Arizona Department of Corrections personnel botched all three.

Arizona execution team members failed to properly set intravenous lines to execute Clarence Dixon and Murray Hooper, resorting to cut-down procedures in which they inserted an IV through an incision in the prisoners’ groins. In the third execution, Arizona Republic reporter Jimmy Jenkins described what he called the “surreal” spectacle of death-row prisoner Frank Atwood talking DOC personnel through the process of setting an IV line to put him to death, after the execution team had repeatedly failed to establish access to his veins on their own.

A federal judge also ruled in 2022 that the Arizona Department of Corrections had violated state prisoners’ constitutional rights, exhibiting “deliberate indifference” to prisoners’ medical and mental health needs. The court also found that the state’s restrictive housing units, which Strada oversaw, denied prisoners adequate nutrition and failed to provide them meaningful access to exercise and social interaction.

Strada’s appointment drew immediate criticism. Dale Baich, who retired in 2022 after a long tenure as chief of the capital habeas unit in the Arizona federal defender’s office, told the Nashville Tennessean that “[m]inimal vetting would have uncovered information that there were three problematic executions in Arizona last year. … I hope Gov. Lee looked closely at Mr. Strada’s role and his responsibilities in those executions,” Baich said.

Stacy Rector, executive director of Tennesseans for Alternatives to the Death Penalty, expressed reservations about Strada’s selection. “It is confusing to me why Tennessee would seek out a new commissioner from a state whose record of violations seems to be as bad as ours, if not worse,” Rector said.

Source: Death Penalty Information Center, Staff, January 17, 2023





🚩 | 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)

California | Becerra vows to extend moratorium despite past support for capital punishment

SACRAMENTO—Democrat Xavier Becerra defended the death penalty while serving as California’s attorney general, a punishment his office actively sought in the case of a gunman convicted of an Orange County mass shooting, but as the front-running candidate for governor, he has vowed to block executions if elected in November. Becerra said he will extend the blanket reprieve for all death row inmates that Gov. Gavin Newsom enacted by executive order in 2019, saying he supported “moving our state away from a costly, flawed system that disproportionately impacts Black and brown communities and too often gets it wrong.”

Iran | Afghan Citizen Executed in Wheelchair Due to Severe Mobility Disability

KABUL, AFGHANISTAN – Iranian authorities have reportedly executed an Afghan citizen, identified as Valijan Nourzay, at the central prison in Rafsanjan, according to the human rights organization Hengaw. Hengaw said in a statement on Sunday, September 6, that Nourzay was executed early Wednesday last week at Rafsanjan Central Prison. According to the organization, Nourzay had a severe mobility disability and was executed while in a wheelchair. Hengaw, citing informed sources, reported that Nourzay had been pursued by Iranian authorities three years ago over an alleged murder. He was reportedly seriously wounded after Iranian security forces opened fire on him in Rafsanjan before being arrested and later sentenced to death.

California | He spent 19 years on death row. His conversion to Judaism helped him endure

Johnny Morales struggled to find sleep. He dozed off for a few moments, but officers came to his death row cell and woke him a little after midnight. They needed to inventory and box up his belongings. He was leaving San Quentin.  Hands cuffed behind his back, he walked across the empty upper yard in the dim gray hours before daylight. An officer walked alongside him step for step, black latex-gloved fingers holding onto Morales’s arm. For almost 20 years, Morales could only experience the world outside his 4-by-11 foot cell in the condemned housing unit like this—chained and escorted by officers. Security protocols required all death row residents be handcuffed or shackled any time they were out in open space with staff.

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Egypt TV presenter and 11 others sentenced to death in major drugs case

Egyptian television presenter Sarah Khalifa and 11 others have been sentenced to death by hanging after being convicted of drug trafficking and rape, while nine defendants received life sentences and seven were acquitted. Egyptian television presenter Sarah Khalifa, 39, has been sentenced to death by hanging along with 11 other defendants after being found guilty in a drugs case involving a criminal gang accused of importing ingredients used to manufacture narcotics for sale.

Florida executes Daniel Owen Conahan Jr.

In Florida’s 15th execution this year, man put to death for killing linked to ‘Hog Trail Murders’  A Florida man convicted in one of a series of suspected killings that became known as the “Hog Trail Murders” in the 1990s was put to death Thursday, becoming the state’s 15th person executed this year.  Daniel Owen Conahan Jr., 72, was pronounced dead at 6:12 p.m. after receiving a 3-drug lethal injection at Florida State Prison near Starke. He had been sentenced to die for the 1996 kidnapping and strangling of Richard Allen Montgomery, whose mutilated body was found in a wooded southwest Florida area where authorities found the remains of at least 6 people over a 3-year span.

Arizona AG seeks execution date for man convicted in 1995 trooper killing

Trooper Bob Martin was killed during a traffic stop on the Beeline highway; execution for his killer could be as soon as January PHOENIX (AZFamily)—The Arizona Attorney General is asking for an execution date to be set for a man convicted in the killing of an Arizona State Trooper over 30 years ago. On Aug. 15, 1995, Trooper Bob Martin was shot and killed while performing a traffic stop along the Beeline Highway.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Inside and outside Oklahoma execution chamber, Tulsans stand on different sides of death penalty debate

Sheriff Vic Regalado and Father Bryan Brooks, pastor at the Church of Saint Benedict, are two men of influence in Tulsa County. They live different lives—one enveloped in faith, the other elected to lead a law enforcement agency of more than 600. Both were brought together by the death penalty. The men believe it is their duty to support families of victims but land on different sides of the aisle when it comes to executions. Regalado is in support of the death penalty, saying it is part of the criminal justice system and brings closure to the families of murder victims.