Mississippi executes Benny Joe Stevens

The state of Mississippi executed death row inmate Benny Joe Stevens (left), 52, at 6:22 p.m. today.

Stevens was convicted in 1999 of killing his ex-wife, Glenda Reid; her husband, Wesley Lee Reid; her 11-year-old son, Dylan Lee; and Lee's 10-year-old friend Heath Pounds.

He used his final moments to ask his victims' family members for forgiveness.

"What I've taken from God and you, I can't replace,'he said. I'm sorry."

Prior to his execution, Mississippi Department of Corrections Commissioner Chris Epps said Stevens expressed remorse over the crime, particularly the deaths of the 2 children.

"None of them deserved what I did,"Epps recalled.

The U.S. Supreme Court and Gov. Haley Barbour denied Stevens' last-ditch pleas for clemency.

Still, Epps said he remained talkative throughout the day. Stevens, who had no infractions during his time behind bars, showered and took a sedative - Valium - before being led to the execution room.

Stevens becomes the 1st condemned inmate to be put to death this year in Mississippi and the14th overall since the state resumed capital punishment in 1983.

Stevens becomes the 15th condemned inmate to be put to death this year in the USA and the 1249th overall since the nation resumed executions on January 17, 1977.

Sources: Clarion Ledger, Rick Halperin, May 11, 2011

Mississippi execution uses sedative for first time

WASHINGTON — Benny Joe Stevens, who was convicted of killing four people, including two children, has been executed by the state of Mississippi with a drug normally used to euthanize animals.

Stevens, 52, was pronounced dead at 6:22 pm (23:22 GMT) at the state penitentiary in the town of Parchman, according to Mississippi prison officials.

It was the first time the southern state had used the sedative pentobarbital instead of sodium thiopental, whose US manufacturer recently said it was no longer making the drug. Pentobarbital is also used in assisted suicides in two US states and as an animal euthanasia.

Mississippi is the latest US state to adopt pentobarbital as part of a three-drug protocol after Louisiana, Oklahoma, Texas and soon Alabama.

Pentobarbital, which produces an unconscious state, is followed by an injection of pancuronium bromide, which paralyzes the inmate, and finally potassium chloride, which stops the heart.

Ohio and the state of Washington use one single, massive dose of pentobarbital. The Danish company that makes the drug, Lundbeck Inc., has said it opposes the drug's use in executions.

The US Supreme Court denied a stay of execution, prison officials said.

Stevens appealed to the Mississippi Supreme Court over the change from sodium thiopental to pentobarbital, but his appeal was rejected last week.

Stevens was condemned to death for the 1999 murder of his ex-wife, Glenda Reid, Reid's husband, Wesley Reid, their 11-year-old son Dylan and the boy's friend Heath Pounds, in a mobile home park in rural Marion County following a custody dispute over Stevens' daughter.

The daughter, Erica, was wounded, and was a witness against Stevens in his trial.

Source: AFP, May 11, 2011
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U.S.: 13 states including Alabama ask Justice Department aid in obtaining scarce execution drug

The Justice Department says it's reviewing a request by 13 states looking for the government's help obtaining supplies of a scarce execution drug.

States are scrambling to find enough sodium thiopental after its sole U.S. manufacturer ceased production and some overseas supplies dried up.

The states asked U.S. Attorney General Eric Holder Jan. 25 for help identifying sources for the drug or making federal supplies available to states. The states that signed the letter are: Alabama, Colorado, Delaware, Florida, Idaho, Mississippi, Missouri, Nevada, Oregon, Tennessee, Utah, Washington and Wyoming.

Arizona, Arkansas, California, Georgia and Tennessee have sought supplies in England, while Nebraska purchased a batch from India.

Justice Department spokeswoman Alisa Finelli says the agency will review the letter.

Source: Associated Press, Feb. 8, 2011

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Hospira to Stop Making Lethal-Injection Drug

The sole U.S. maker of a key execution drug has decided to permanently halt production of the drug, which could lead many states to face delay in carrying out the death penalty.

The decision made on Friday by Hospira Inc. caps months of controversy over thiopental sodium, an anesthetic that has long been used by states as a part of a cocktail of drugs administered during a lethal injection.

Hospira's decision puts a wrench in the nation's capital-punishment system. States can attempt to use another anesthetic in place of thiopental, but such a switch likely would need to be approved by courts and possibly state legislators.

Many states have run out of thiopental, forcing prison officials to delay executions. The drug shortage followed a 2009 decision by Hospira to suspend production due to manufacturing issues.

The Lake Forrest, Ill., company had planned to resume producing thiopental in the first quarter of 2011 at a company plant in Liscate, Italy. But in December, the Italian parliament issued an order binding the government to ensure that Hospira's Italian-made thiopental would not be used in lethal injections.

In the face of that opposition, Hospira ultimately decided to exit the thiopental market, said company spokeswoman Tareta Adams. "This will be a challenge for [medical] customers and we regret that," Ms. Adams said. "But we don't want to put our Italian facility at risk that the product will be misused" by U.S. prisons.

Hospira, she said, has had discussions with its drug distributors to see if the companies could block the drug from being sold to prisons, but Hospira ultimately decided there was no way to ensure the drug would not be "misused" by prisons.

Late last year, a drug used to euthanize animals was approved for use in capital punishment in Oklahoma. The shortage of thiopental sodium had prompted the state to seek court clearance to use pentobarbital as a substitute.

U.S. District Judge Stephen Friot in November approved the use of pentobarbital and denied requests to delay the executions of two Oklahoma inmates, whose attorneys had protested its use.

The state has said in court filings that veterinarians regard pentobarbital "as an ideal anesthetic agent for humane euthanasia in animals" and that it is "substantially" similar to thiopental.

Judge Friot's ruling could prompt other states to use pentobarbital, and thus prevent delays in capital punishment. In the early 1970s, Oklahoma was the first state to approve the use of thiopental in capital punishment, and it later become the nationwide standard for lethal injections.

Source: The Wall Street Journal, January 21, 2011

How Italian Catholics pulled the plug on US executions

The news has broken today that the sole US manufacturer of a key drug used in lethal injections will cease production because authorities in Italy, where the drug was to be made, wanted a guarantee that it wouldn't be used to put inmates to death.

Hospira Inc. of Lake Forest, Ill, had decided to switch production of the anaesthetic sodium thiopental from its North Carolina plant to Liscate, outside of Milan. But the Italian Parliament wanted the company to control the product's distribution to prevent it being used for executions. Hospira decided it couldn't make that promise and has decided to suspend production -- potentially throwing the death penalty system in the US into disarray.

But what's missing from today's reports is that behind the Italian Parliament's insistence is a lay Catholic movement dedicated -- among many other things - to the eradication of the death penalty around the world. The Rome-based Community of Sant'Egidio had been engaged in discussions with Hospira's Italian subsidiary, Hospira SL, which led to meetings with the Foreign Affairs minister, Franco Frattini, and the Ministry of Health. The result of those meetings was an agreement that the production of the drug in Italy would have to be for strictly therapeutic purposes. The company has long deplored its use in executions, and said it regretted the need to cease production.

Hospira's choice to end production because it couldn't give that guarantee was described as "highly responsible" by Sant'Egidio's spokesman, Mario Marazziti, who said: "It highlights the point that therapeutic drugs and doctors should never be used to bring about death".

Sodium thiopental is already in short supply after the British government last November also banned the UK manufacture of the drug following a campaign by the British NGO Reprieve. According to the Wall Street Journal's law blog, Hospira's decision means the death penalty system in the US "is potentially thrown into turmoil". States can attempt to use another anaesthetic instead -- Oklahoma, for example, has switched to a drug used to euthanise cats and dogs -- but it involves seeking clearance from the courts, which is likely to delay executions.

There is a lesson here about globalization. It's not just the market that's gone global. It's civil society pressure, too.

Source: America Magazine, January 21, 2011


States Face Shortage of Key Lethal Injection Drug

The sole American manufacturer of an anesthetic widely used in lethal injections said Friday that it would no longer produce the drug, a move likely to delay more executions and force states to adopt new drug combinations.

The manufacturer, Hospira Inc., of Lake Forest, Ill., had originally planned to resume production of the drug, sodium thiopental, this winter at a plant in Italy, giving state corrections departments hope that the scarcity that began last fall would ease.

But the Italian authorities said they would not permit export of the drug if it might be used for capital punishment. Hospira said in a statement Friday that its aim was to serve medical customers, but that “we could not prevent the drug from being diverted to departments of corrections” and the company did not want to expose itself to liability in Italy.

Hospira does not have domestic facilities that can make sodium thiopental, said Daniel Rosenberg, a spokesman, and has decided to “exit the market.” No other American companies manufacture the drug, which has largely been supplanted by alternatives in hospitals but is used by 34 of the 35 states that use lethal injection to carry out the death penalty. An average of 55 executions have taken place annually over the last 10 years, with 46 last year and 52 in 2009, virtually all of them by lethal injection.

During what had been described as a temporary halt to production last year, scarcity of sodium thiopental led to delays in scheduled executions in at least two states, California and Oklahoma.

The extent to which execution schedules will be further disrupted by the drug shortage is not yet clear, but it could be considerable. In many states, adopting a new protocol for lethal injections requires formal proposals, public comment and often challenges in court — a process that can take months or more, said Richard Dieter, executive director of the Death Penalty Information Center. But in others, switching drugs might be done more quickly, by administrative fiat.

Lethal injections commonly involve a sequence of three drugs that is set by state regulations: an anesthetic — sodium thiopental in every state but Oklahoma — intended to prevent pain, followed by a muscle relaxant and a drug that stops the heart.

As the shortage became acute last fall, California and Arizona obtained shipments of sodium thiopental from England, but the British government has since refused to allow exports of drugs for use in capital punishment, a policy that is under consideration by the entire European Union.

Those were two of several special shipments to corrections departments permitted by the Food and Drug Administration in 2009 and 2010, said Christopher Kelly, a spokesman for the agency. “No shipments are currently being held,” Mr. Kelly said on Friday.

Texas, which carries out more executions than any other state, has an aging stock of sodium thiopental that will expire in March, leaving it unusable.

“There currently are four executions scheduled in Texas — two in February, one in May and one in July,” said Michelle Lyons, director of public information at the Texas Department of Criminal Justice. “At this time, we have enough sodium thiopental on hand to carry out the two executions scheduled in February. In March, our supply of this particular drug is set to expire.”

“The Texas Department of Criminal Justice will explore other options, including possibly seeking an alternate drug for use in Texas’ lethal injection process,” she said in an e-mail.

Two states, Ohio and Washington, use only one drug, sodium thiopental, which is fatal at larger doses for executions.

“What I can tell you is Ohio does have enough sodium pentothal to carry out the execution scheduled in February,” said JoEllen Smith, a spokeswoman for the Ohio Department of Rehabilitation and Correction, using an alternate name for the drug. “But beyond that we are going to decline to comment on our supply of the lethal injection drug.”

Officials in Washington said that they had not had time to consider how to adapt to the news that sodium thiopental will no longer be available. The state has seven people on death row, but no executions are currently scheduled.

Officials in Arizona, where 134 people are on death row, said they had enough sodium thiopental for five executions, although none are currently scheduled.

Many states are expected to follow the lead of Oklahoma, substituting pentobarbital — another, more easily available anesthetic — in a similar three-drug sequence.

Pentobarbital is widely used in veterinary medicine and is also used in legal human euthanasia in Oregon. Death penalty opponents challenged the switch last year in Oklahoma, arguing that the effectiveness of pentobarbital in preventing pain during executions had not been proved. But a federal judge sided with the state, which has since used the new drug in three executions.

Jerry Massie, a spokesman for the Oklahoma Department of Corrections, said the department orders the drug through a “private pharmacist” but would not specify who.

Only one company, Lundbeck Inc., now markets injectable pentobarbital in the United States, according to the F.D.A., but the agency said it was not aware of any shortage.      

Source: The New York Times, January 22, 2011
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Oklahoma executes John David Duty with drug used to euthanize animals

John David Duty

WASHINGTON — A US state executed a convicted murderer with an animal drug for the first time because of an anesthetic shortage, in a move critics panned as a test on a human guinea pig.

Oklahoma executed John Duty, 58 -- who in 2001 strangled his 22-year-old cellmate, Curtis Wise, while serving three life sentences -- with pentobarbital, normally used by veterinarians to put animals to sleep.

"The procedure started at 6:12 pm our time (0012 GMT). John Duty was pronounced dead at 6:18pm," Jerry Massie, a spokesman for the Oklahoma Department of Corrections, told AFP.

"His last words were: 'To the family of Curtis Wise: I'd like to make my apology. I hope one day you'll be able to forgive me, not for my sake but for your own... Thank you, Lord Jesus. I'm ready to go home,'" Massie said.

The Death Penalty Information Center, a Washington-based group that monitors capital punishment, confirmed that Duty was the first death row inmate to be executed using the drug.

For months now, several US states have struggled to find supplies of sodium thiopental -- the first and most crucial of three drugs used in lethal injections -- after its sole US manufacturer Hospira ran out of stock.

The company will resume production of the drug early next year, forcing some states to suspend executions and others to import the drug from other states or from overseas with government approval.

Oklahoma's decision to use the animal drug was approved by a US court last month in a ruling that may lead other states to adopt the procedure.

The appeals court found that the amount of pentobarbital to be used was "sufficient to induce unconsciousness in an inmate and indeed would likely be lethal in most, if not all, instances."

Capital punishment specialists meanwhile warned that the drug had not been properly vetted and might not keep inmates unconscious during the more painful subsequent injections that kill them.

And Duty's lawyers had expressed fears in court documents that their client would be used as a "guinea pig" to test the new method of execution.

In its response, Oklahoma stressed that, since pentobarbital has been widely used on animals and as a human anesthetic, its use on inmates is "hardly experimental."

Source: AFP, December 16, 2010

Drug used in Okla. execution could gain wider use

MCALESTER, Okla. (AP) — Death penalty experts say a sedative Oklahoma used to execute an inmate that is commonly used to euthanize animals could become more popular.

That's because of a nationwide shortage of a key ingredient in several states' lethal injection formulas.

John David Duty is believed to be the first person in the United States whose execution included the use of pentobarbital. The 58-year-old was pronounced dead at 6:18 p.m. Thursday at the Oklahoma State Penitentiary.

Oklahoma and several other states traditionally have used the barbiturate sodium thiopental to put an inmate to sleep. They then use two other drugs to paralyze the muscles and stop the heart.

But the only U.S. maker of sodium thiopental, Hospira Inc., says new batches won't be available until "the first quarter" of next year.

Source AP, December 17, 2010


Oklahoma executes man using new drug combination

Oklahoma State Penitentiary

Oklahoma man executed with drug mix that includes sedative commonly used to euthanize animals

Oklahoma officials executed a convicted murderer Thursday [Dec. 16, 2010] using a drug combination that includes a sedative commonly used to euthanize animals, after a nationwide shortage of a key ingredient forced the state to tinker with the usual formula.

John David Duty was pronounced dead at 6:18 p.m. at the Oklahoma State Penitentiary.

The 58-year-old, who was sentenced to die for strangling his cellmate nearly a decade ago, is believed to be the first person in the United States whose execution included the use of pentobarbital.

Duty and 2 other death-row inmates had challenged the state's decision to use pentobarbital, arguing it could be inhumane because a person could be paralyzed but still aware when a painful 3rd drug is administered to stop the heart. On Tuesday, a federal appeals court upheld a ruling against the other 2 inmates. Duty did not take part in the appeal.

Several states have been scrambling since Hospira Inc. -- the only U.S. manufacturer of the barbiturate normally used in executions -- said new batches of sodium thiopental could be available "in the first quarter" of next year.

Oklahoma obtained a dose of sodium thiopental from Arkansas for its last execution in October, but couldn't secure any more, said Oklahoma Department of Corrections spokesman Jerry Massie.

Executions have been delayed in California, Arkansas, Tennessee and Maryland as a result of protocol changes, including the use of new drugs, said Richard Dieter, executive director of the Death Penalty Information Center. In Ohio and Washington, laws were passed to allow for the use of sodium thiopental alone, he said.

But Oklahoma's law calls for the use of a fast-acting barbiturate to be administered 1st, which gave the state the flexibility to use pentobarbital, Massie said.

"I think Oklahoma is the only state where this issue has come to a head over a new drug," Dieter said. "The other states that haven't been able to do it, it's because the state courts wanted more time to review the overall protocol changes."

Experts testified at a November federal court hearing that no other U.S. state uses pentobarbital during executions. Massie and Dieter both said before Thursday's execution that they believed Duty would be the 1st U.S. inmate put to death using the drug.

"I have not seen that (pentobarbital) has been used before in this context,'" Dieter said. But, he noted, "Some states don't say exactly what drugs are used and have kept that out of the public eye.'"

Duty becomes the 3rd condemned inmate to be put to death this year in Oklahoma and the 94th overall since the state resumed capital punishment in 1990. Only Texas (464) and Virginia (108) have executed more inmates than Virginia since the death penalty was re-legalized in the US on July 2, 1976.

Duty becomes the 46th inmate to be put to death this year in the USA and the 1234th overall since the nation resumed executions on January 17, 1977.

Sources: Associated Press & Rick Halperin, December 17, 2010