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)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

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.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.