Skip to main content

Idaho | Death-row inmate lawyer wants State to release date it bought execution drugs

Idaho paid $50,000 for 15 grams of pentobarbital

Attorneys for 2 men on Idaho death row have challenged the state prison system’s effort to withhold the date that officials bought drugs intended for use in a future execution, asking a federal judge to step in and force disclosure of the information.

The Idaho Department of Correction revealed in October that prison officials had for the 1st time in years “secured” lethal injection drugs when it announced a death warrant and execution date for prisoner Thomas Creech. The lethal chemicals have become difficult for state prisons to obtain because drug suppliers increasingly refuse to provide them for executions.

Creech, 73, is the state’s longest-serving prisoner on death row. He’s been incarcerated in Idaho since 1974 and convicted for the murder of 4 people. Creech received his latest death sentence after murdering fellow prisoner David Dale Jensen in 1981.

Creech’s November execution was put on hold when the state parole board agreed to review whether to drop his sentence to life in prison at a hearing next month. It was at least the 11th time Creech avoided his scheduled execution, according to records provided by his attorneys.

Just 2 days before Creech’s most recent death warrant was issued, state officials said in a separate federal court filing involving Gerald Pizzuto that Idaho’s prison system “does not have the present ability to carry out an execution via lethal injection,” suggesting it lacked the execution drugs it needed. Creech’s attorneys with the nonprofit Federal Defender Services of Idaho also represent Pizzuto, 67, who is the state’s 2nd-longest serving death row prisoner.

$50,000 for 15 grams of pentobarbital


But prison officials have declined to release the date they bought the execution drugs. A purchase order for the drugs, first obtained by the Idaho Statesman through a public records request, showed IDOC paid $50,000 for 15 grams of pentobarbital, a powerful depressant that can stop a person’s breathing in higher doses.

However, the state prison system redacted the date on the document and cited several public records exemptions related to executions for withholding the information. Among them, IDOC asserted that the date could be used to help identify its execution drug supplier, which a state shield law prohibits, because doing so could jeopardize Idaho’s ability to carry out an execution. IDOC also argued that the public’s interest in confidentiality “clearly outweighs” its interest in release of the requested information.

The Statesman has continued to ask IDOC for clarifications about its application of the records exemptions to justify redacting the purchase order date, including through the newspaper’s attorney. The prison system failed to respond by a requested Thursday deadline with further explanation or the execution drug purchase order without the date redacted.

Death row prisoner attorneys want purchase date


The legal nonprofit representing Pizzuto and Creech — which later received the purchase order document on its own through the legal process known as discovery — on Friday made a formal demand that the date be released. In the filing before U.S. District Judge B. Lynn Winmill for the District of Idaho, they questioned the prison system’s rationale for redacting the information.

“They contend that such dates ‘can be used to trace the supplier of the chemical,’ ” read the court filing for Pizzuto. “Nevertheless, the defendants have never explained how, and the fear is unfounded.”

IDOC Director Josh Tewalt, who is the named defendant in the case, is represented by the Idaho attorney general’s office. Both agencies declined to comment Friday to the Statesman. IDOC cited pending litigation, while the attorney general’s spokesperson said the office would be filing its response in court soon.

In court records included in Friday’s filing, Tewalt last month said that prison officials obtained lethal injection drugs by Oct. 12 — the same day the death warrant was issued for Creech. But Tewalt, through his attorneys, objected to answering questions about whether IDOC identified its drug supplier before that date.

Tewalt’s responses also for the first time stated that IDOC has the liquid pentobarbital in its possession, that it’s a manufactured version of the drug rather than produced by a compounding pharmacy, and that it has already been tested, in accordance with state execution protocols. If not used to lethally inject Creech, the drugs could instead be used to execute Pizzuto, Tewalt acknowledged. Compounding pharmacies are less regulated, custom drug producers that aren’t closely monitored by the U.S. Food and Drug Administration.

Tewalt refused to answer whether IDOC’s drug source agreed to provide pentobarbital to Idaho for any future executions. He again cited state law that prevents release of information that may identify a supplier.

The date of the purchase order “poses no such risk,” Pizzuto’s attorneys said Friday in their court filing.

The legal nonprofit cited a U.S. Court of Appeals for the District of Columbia Circuit ruling from earlier this year to support its argument. In it, the D.C. Circuit found that the federal Bureau of Prisons had not adequately justified withholding several pieces of information, including the purchase dates, in response to a public records request concerning execution drug acquisitions.

In the Friday filing, the Federal Defender Services attorneys also referenced additional examples in Arizona and Tennessee. In the two other states that also maintain active capital punishment, both redacted identifying details, such as the company name, to avoid revealing to the public their execution drug supplier on billing records — but not the date.

“There is plainly nothing about the date of an execution-drug purchase that jeopardizes a state’s ability to put inmates to death,” Pizzuto’s attorneys wrote.

Tewalt’s legal team in the attorney general’s office has three weeks to respond, with its filing due by Jan. 5.

Source: The Spokesman-Review, Staff, December 15, 2023

_____________________________________________________________________











Most viewed (Last 7 days)

Boston Marathon bomber’s appeal of death sentence marked by delays and secrecy

As the city marks the 12th anniversary of the Boston Marathon bombings, Dzhokhar Tsarnaev sits on federal death row for admittingly detonating bombs at the finish line that killed three people and injured more than 260 others. Yet, his fate remains uncertain after a decade of legal wrangling, as his lawyers continue to challenge his death sentence.  The federal judge who presided over his 2015 trial was ordered by an appeals court in March 2024 to investigate defense claims that two jurors were biased and should have been stricken from the panel. If he finds they were, then Tsarnaev is entitled to a new trial over whether he should be sentenced to life in prison or death, according to the appeals court. 

Indonesia | British grandmother who has spent 12 years on death row hugs grandchildren for first time as they visit Bali prison

Lindsay Sandiford, 68, reportedly shared 'cuddles and kisses' with her loved ones for the first time in years A British grandmother who has been stuck on death row in Bali for more than a decade has been reunited with her loved ones for the first time in years. Lindsay Sandiford has been locked up in Indonesia's notorious Kerobokan Prison since 2013 after being found guilty of trying to smuggle £1.6million of cocaine into the country.

USA | Who are the death row executioners? Disgraced doctors, suspended nurses and drunk drivers

These are just the US executioners we know. But they are a chilling indication of the executioners we don’t know Being an executioner is not the sort of job that gets posted in a local wanted ad. Kids don’t dream about being an executioner when they grow up, and people don’t go to school for it. So how does one become a death row executioner in the US, and who are the people doing it? This was the question I couldn’t help but ask when I began a book project on lethal injection back in 2018. I’m a death penalty researcher, and I was trying to figure out why states are so breathtakingly bad at a procedure that we use on cats and dogs every day. Part of the riddle was who is performing these executions.

Singapore executes man for 2017 murder of pregnant wife and daughter

Teo Ghim Heng, who strangled his pregnant wife and four-year-old daughter in 2017 before burning their bodies, was executed on 16 April 2025 after exhausting all legal avenues. His clemency pleas were rejected and his conviction upheld by the Court of Appeal in 2022. Teo Ghim Heng, who was convicted of murdering his pregnant wife and their four-year-old daughter in 2017, was executed on 16 April 2025. The Singapore Prison Service confirmed that Teo’s death sentence was carried out at Changi Prison Complex. In a news release on the same day, the police stated: “He was accorded full due process under the law, and was represented by legal counsel both at the trial and at the appeal. His petitions to the President for clemency were unsuccessful.”

Indiana Supreme Court sets May 20 execution date for death row inmate Benjamin Ritchie

The condemned man has exhausted his appeals but is likely to seek a clemency plea. Indiana Supreme Court justices on Tuesday set a May 20 execution date for death row inmate Benjamin Ritchie, who was convicted in 2002 for killing a law enforcement officer from Beech Grove. The high court’s decision followed a series of exhausted appeals previously filed by Ritchie and his legal team. The inmate’s request for post-conviction relief was denied in Tuesday’s 13-page order, penned by Chief Justice Loretta Rush, although she disagreed with the decision in her opinion.

USA | They were on federal death row. Now they may go to a supermax prison.

A group of federal prisoners filed a lawsuit this week accusing the Trump administration of seeking to move them to a supermax prison to face tougher conditions as punishment for having their death sentences commuted by President Joe Biden. President Donald Trump has repeatedly criticized Biden’s decision to commute the sentences of 37 federal death row inmates to life in prison without parole. After his inauguration, Trump ordered that the former death row prisoners be housed “in conditions consistent with the monstrosity of their crimes and the threats they pose.”

Louisiana to seek death penalty for child killer despite Biden’s commutation

CATAHOULA PARISH, La. — While a federal death row sentence has been reclassified by former President Joe Biden to life without parole, the State of Louisiana still seeks the death penalty for a man convicted of the kidnapping, torturing and murdering a child in Catahoula Parish.  According to a statement by the Seventh Judicial District of Louisiana District Attorney Bradley Burget, on Monday, a Catahoula Parish Grand Jury indicted Thomas Steven Sanders for the first-degree murder of 12-year-old Lexis Kaye Roberts in 2010. 

Texas executes Moises Mendoza

Moises Sandoval Mendoza receives lethal injection in Huntsville for death of 20-year-old Rachelle O’Neil Tolleson  A Texas man convicted of fatally strangling and stabbing a young mother more than 20 years ago was executed on Wednesday evening.  Moises Sandoval Mendoza received a lethal injection at the state penitentiary in Huntsville and was pronounced dead at 6.40pm, authorities said. He was condemned for the March 2004 killing of 20-year-old Rachelle O’Neil Tolleson. 

Afghanistan | Four men publicly executed by Taliban with relatives of victims shooting them 'six or seven times' at sport stadium

Four men have been publicly executed by the Taliban, with relatives of their victims shooting them several times in front of spectators at a sport stadium. Two men were shot around six to seven times by a male relative of the victims in front of spectators in Qala-i-Naw, the centre of Afghanistan's Badghis province, witnesses told an AFP journalist in the city.  The men had been 'sentenced to retaliatory punishment' for shooting other men, after their cases were 'examined very precisely and repeatedly', the statement said.  'The families of the victims were offered amnesty and peace but they refused.'

Alabama killer whose crime was 'twisted fantasy' set to be executed. Who is James Osgood?

Osgood has long admitted to the murder, agrees that he deserves the death penalty and has stopped all appeals  An Alabama man set to be executed Thursday for the brutal rape and murder of his girlfriend's cousin has dropped all his appeals, fired his attorney and says he's ready to die for what he did.  James Osgood and his girlfriend were convicted of the 2010 murder of Tracy Lynn Brown after attacking and raping her in what one prosecutor said was one of the grizzliest crimes he'd ever seen.  While Osgood initially denied killing Brown, he eventually confessed to police, telling them he remembered "seeing the fear in her eyes."  Osgood later urged a judge to give him the death penalty.