Kentucky Governor Steven Beshear recently held off signing death warrants for two inmates because of a shortage of the drug sodium thiopental, a key component of the state’s lethal injection protocol.
Kentucky’s stock of the lethal injection drug expires October 1, and the Department of Corrections does not expect a new supply until early 2011 because the only supplier of this drug in the country, Hospira, is unable to obtain the active ingredient for the drug. Even when a new supplier for the active ingredient is found, FDA approval will be needed.
The governor did set a September 16 date for the execution of Gregory Wilson, which could occur before the state's supply of the drug expires.
In Oklahoma, the state’s Department of Corrections recently tried to substitute another drug for sodium thiopental for the execution of Jeffrey Matthews because of concerns about the purity of the supply on hand.
A federal judge stayed the execution of Matthews in order to provide time to study the situation. Attorneys for Matthews challenged the substitution of a new drug as a form of human experimentation.
Almost all states in the country use essentially the same protocol for lethal injections.
Shortage of Lethal Injection Drug Delays Oklahoma Inmate's Execution
The execution of Jeffrey David Matthews has been postponed because of a shortage of a drug used in the lethal injection process.
A shortage of one of the drugs used in the lethal injection process is keeping an Oklahoma death row inmate alive.
Jeffrey David Matthews was scheduled to be executed this month, but the 38-year-old's execution date was postponed because there's a shortage of the drug thiopental sodium. It's a sedative used to render a person unconscious in a matter of seconds.
Hospira, the sole U.S. company that makes thiopental sodium, says a "manufacturing issue" is the reason for the shortage. The company doesn't expect to have more of the drug until early 2011.
The Oklahoma Department of Corrections says it has the drug, but the supply is likely expired.
"We tested the drug but we weren't pleased with the quality and purity of it," said Jerry Massie, a spokesperson for the department.
Instead, the Department of Corrections wants to replace the drug with another fast-acting sedative called Brevital.
"Brevital chemically has the same requirements as sodium thiopental," said Massie.
Massie says Oklahoma statute does not require The Department of Corrections use a specific drug to sedate a death row prisoner, only that the drug be "ultra-short acting."
When Matthews' defense attorneys learned the department wanted to use a different drug, they objected and the U.S. District Judge in the case issued a stay of execution just hours before Matthews was set to die by lethal injection.
"Chances are, as long as there is a shortage of the drug, Matthews won't be executed," said NEWS 9's legal analyst, Irven Box. "It just proves over the years they've tried to say get away from cruel and unusual punishment do it by lethal injection, but they are also specific, they say do it like it's supposed to be done or it's not going to be done."
Massie says the department is working on getting more sodium thiopental.
This is the 3rd time in less than 3 months Matthews' execution date has been delayed. He was sentenced to die for murdering his 77-year-old great uncle, Otis Earl Short, during a 1994 robbery of Short's home. In TV interviews Matthews has denied having any role in the murder saying, "I did not kill my uncle and I wasn't there."
Source: Newson6.com, August 27, 2010
