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)

Florida: The Daily Routine of Death Row Inmates

The breakfast carts rattle through the concrete prison at about 5:30 am and as they approach Death Row the first sounds of morning repeat the last sounds of night - remote controlled locks clanging open and clunking closed, electric gates whirring, heavy metal doors crashing shut, voices wailing, klaxons blaring. A maximum security prison has no soft or delicate sounds. At the end of each corridor of death row cells a guard opens a heavy door of steel bars and a prison trusty pushes a breakfast cart inside. The door closes behind him and when it locks a second door opens and admits the trusty to the wing. He steers his cart along the wing stopping at each cell to pass a tray of powdered eggs and lukewarm grits through a small slot on the bars. Food is prepared by prison staff and transported in insulated carts to the cells. The food carts are full of cockroaches, the food is often undercooked or just rotten and is served on Styrofoam plates with a plastic "spork" - fork/spoon...

Prosecutors may pursue death penalty in Alex Murdaugh retrial, South Carolina AG says

Alan Wilson said prosecutors are “back to square one” and all legal options are on the table. South Carolina Attorney General Alan Wilson said Friday that his office may pursue the death penalty when it retries Alex Murdaugh in the 2021 murder of his son and wife. “In light of the Supreme Court’s decision, we’re back to square one on this case, and that means all our legal options are on the table, including the death penalty,” Wilson said. The state’s high court reversed Murdaugh’s double murder conviction in an opinion published Wednesday that accused a former court clerk of “egregious” jury interference.

Former Oklahoma death row inmate Richard Glossip goes free on $500k bond

Richard Glossip was released from jail Thursday, May 14, on a $500,000 bond, a major victory for the former death row inmate who has come so close to execution that he has had three last meals. Glossip, 63, is awaiting his third trial in his 1997 murder-for-hire case. He walked out the front door of the Oklahoma County jail, holding hands with his wife, Lea Glossip, as a stiff Oklahoma breeze whipped his hair. "I'm just thankful for my wife and my attorneys," he told reporters. "I'm just happy." His release came hours after Oklahoma County District Judge Natalie Mai set bail in a 13-page order that pointed to issues with the key witness against him.

Texas executes Edward Busby Jr.

Texas puts man to death for a retired professor's killing in its 600th execution since 1982  A man who experts for both prosecutors and defense attorneys had said was intellectually disabled became the 600th person executed in Texas since 1982, put to death Thursday evening for the killing of a retired 77-year-old college professor.  Edward Busby Jr. was pronounced dead at 8:11 p.m. local time following a lethal injection at the state penitentiary in Huntsville, hours after a divided Supreme Court lifted a stay over his disabilities claims. The execution followed a series of last-minute legal efforts by Busby's attorneys in a bid to spare his life after the nation’s high court lifted a stay hours earlier.

South Korea ferry disaster: Surviving passengers of Sewol tragedy give evidence in court

Surviving passengers of a South Korean ferry which sunk in April, killing 304 people, are due to give evidence in the trial of its captain and 14 crew members. Students from the Danwon High School in Ansan, 18 miles south of Seoul, will testify with other passengers in a smaller court nearer to their home, rather than the one where the defendants are being seen in Gwangju, in the south of the country. The Sewol ferry set sail on 16 April with 476 passengers and crew on board - more than 300 of which were schoolchildren. They were enroute from the mainland to the island resort of Jeju as part of a school trip, when nearing the end of the journey, the vessel, which was overloaded, also made a sharp turn to the right causing it to capsize. Captain Lee Joon-seok, 68, was caught on rescue footage being one of the first to leave the ship, while many passengers, obeying orders, remained in the cabins. It is thought a delayed evacuation order from the captain did n...

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...

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

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.

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.

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.