Oklahoma

Oklahoma

As Legitimate Market for Execution Drugs Dries Up, States' Secret Execution Practices Become Increasingly Questionable

Pfizer's recent announcement that it was tightening controls against what it calls the misuse of its medicines in executions highlights an on-going struggle between states desperate for execution drugs and a medical community that believes its involvement in the lethal injection process violates its medical and corporate missions and the ethical standards of the pharmaceutical and health professions. As Pfizer and nearly two dozen other pharmaceutical companies have ended open market access to drugs potentially used in executions, states have responded by increasingly shrouding the execution process in secrecy. The states "are mainly concerned about losing their providers of lethal-injection drugs should the companies’ names become public," says Linc Caplan in a recent article in The New Yorker. Otherwise, "companies that do not want their products associated with executions will know that their drugs are being used." He reports that since the Supreme Court upheld Kentucky's execution protocol in 2008, 20 states have responded to drug shortages by abandoning protocols that had been substantially similar to Kentucky’s, making "unfettered substitutions" to their protocols in "desperate attempts to adhere to their execution schedules.” Caplan reports that States "have also been increasingly misleading in their efforts to obtain drugs for executions." He cites documents showing that one Ohio official urged state drug purchasers to identify themselves as from the Department of Mental Health and warned they should "not mention anything about corrections in the phone call or what we use the drug for." Louisiana similarly obtained execution drugs from a local hospital, which mistakenly assumed they were needed for medical use. Last week, an Oklahoma grand jury report described that state's secrecy practices as producing a "paranoia" that "clouded [prison officials'] judgment and caused administrators to blatantly violate their own policies." An article by Chris McDaniel in BuzzFeed after the release of that report documented that the same secrecy and lack of oversight criticized by the Oklahoma grand jury is common in other states, and has contributed to execution problems in Missouri, Georgia, and Ohio. Arizona and Missouri paid executioners in cash, and Missouri's mismanagement of that fund likely violated federal income tax law. Missouri's secrecy, McDaniels writes, also "allowed it to purchase execution drugs from a pharmacy in Tulsa, Oklahoma, that was not licensed in Missouri and had questionable pharmaceutical practices." Other states, like Texas and Arizona "have used the secrecy to purchase drugs illegally," he reports. 

Missouri Execution Drug Supplier Being Sold After Committing Nearly 2,000 Violations of Pharmacy Regulations

The assets of The Apothecary Shoppe, a Tulsa, Oklahoma compounding pharmacy that provided lethal injection drugs to Missouri, have been auctioned off after the company defaulted on its loans, and is being sold after admitting to nearly two thousand violations of pharmacy regulations, according to a report by BuzzFeed News. Inspectors from the federal Food and Drug Administration and the Oklahoma Board of Pharmacy found that the drug compounder had committed "significant" violations of pharmacy regulations, including engaging in questionable potency, disinfecting, and sterilization practices. State investigators witnessed improper refrigeration, storage, and sterilization practices at the pharmacy and caught the company producing drugs without legitimate medical need, improperly expanding drug expiration dates, and operating during periods in which its lab was not certified. In 2013 and 2014, the pharmacy prepared execution drugs for at least three Missouri executions, receiving cash payments from the Department of Corrections. In challenges to Missouri's lethal injection practices, death-row prisoners – hampered by state execution secrecy provisions – argued in court that “Compounding-pharmacy products do not meet the requirements for identity, purity, potency, efficacy, and safety that pharmaceuticals produced under FDA regulation must meet.” Among the possibilities they listed, were that the drug may not be sterile, may be less potent than it needs to be, or may be contaminated. Missouri responded in its court filings that the condemned prisoners' concerns were speculative and that the inmates did "not make a plausible claim that Missouri’s execution procedure is sure or very likely to cause serious illness or needless suffering and give rise to sufficiently imminent dangers.” The problems found at The Apothecary Shoppe confirmed the prisoners' concerns. 

Oklahoma Knew It Had Used Unauthorized Drug Months Before It Aborted Richard Glossip's Execution

The Oklahoma Department of Corrections knew it had used an unauthorized drug in the execution of Charles Warner nearly six months before it almost repeated the mistake in the aborted execution of Richard Glossip. Oklahoma executed Warner on January 15, 2015. Documents obtained by BuzzFeed News reveal that three months later, in April, the state medical examiner submitted a report to the Department on Warner's autopsy, showing that he had been executed using potassium acetate, in violation of the state's lethal injection protocol which required the use of potassium chloride. The Department apparently received the report in advance of the April 29, 2015 Supreme Court argument in Glossip v. Gross, in which Oklahoma death row prisoners challenged the constitutionality of the use of the drug, midazolam, the first component of the state's three-drug execution process. Oklahoma had represented to the federal courts throughout those proceedings that it was complying with its protocol, and the Supreme Court narrowly upheld Oklahoma's protocol on June 29. Glossip's execution was scheduled for September 30, but was halted at the last minute after the doctor overseeing the execution noticed that the state had again obtained potassium acetate instead of potassium chloride. Emails suggest that the Oklahoma Attorney General's office may already have known about the execution problems before their recurrence in Glossip's case, because they sought details about Warner's execution from the medical examiner in early September. Shortly after Glossip's execution was stayed, The Oklahoman reported that the state had used the wrong drug in Warner's execution. Oklahoma Attorney General Scott Pruitt launched a grand jury investigation into the protocol violations in October. Since the grand jury investigation began, two correctional officials and the governor's general counsel have resigned. The grand jury could release their report as early as this week.

Victim's Cousin in Oklahoma Death Penalty Case Speaks of "Awful" Guilt Upon Learning Defendants Were Actually Innocent

After Debbie Carter was raped and murdered in Ada, Oklahoma in 1982, police and prosecutors told her cousin, Christy Sheppard (pictured) that Ron Williamson and Dennis Fritz were guilty of the crime. In 1988, Williamson was convicted and sentenced to death; Fritz received a life sentence. Eleven years later, the pair were exonerated when DNA testing excluded them as perpetrators and pointed to another man who had once been a suspect. Sheppard, now a criminal justice counselor and victim advocate in Ada, recently shared the story of her experience learning that Williamson and Fritz were actually innocent. “The guilt has been awful,” she said. “It is horrible to think that you prayed, wished, helped and condoned to bring harm to someone else and then to find out that it wasn’t deserved and later learn what they went through.” Sheppard said her family was shocked, "It was like being in a Twilight Zone. It fit nothing we knew to be true." The experience changed her views on the death penalty, which she had previously supported. "In theory, it seems like that’s the way it ought to be: The punishment fits the crime. But when you pick it apart, it’s just a mess," she said. Sheppard is serving on the recently-announced Oklahoma Death Penalty Review Commission, and is also campaigning on behalf of Retain a Just Nebraska, a group working to defeat a ballot initiative that would reverse that state's legislative repeal of the death penalty.

Volunteer Death Penalty Review Commission to Examine Oklahoma's Death Penalty

A group of prominent Oklahomans have announced the creation of a 12-member Oklahoma Death Penalty Review Commission to conduct a comprehensive review of the state's death penalty. The all-volunteer commission will be led by three co-chairs, former Governor Brad Henry (pictured), retired Court of Criminal Appeals Judge Reta Strubhar, and former U.S. Magistrate Judge Andy Lester. The commission intends "to conduct extensive research on [Oklahoma's] entire death penalty process, beginning with an arrest that could lead to an execution,” Henry said in a statement. Its other nine members include Oklahoma attorneys, law professors, and victims' advocates, and a former Oklahoma Speaker of the House who, Henry says, hold "differing views and perspectives on capital punishment." Henry granted clemency three of the times it was sought during his eight years as Governor. In an interview with Fox25, he called his role in executions "a very, very sobering thing to have to do." He said the commission has "no agenda.... What we've agreed to is the system should be fair and it should be just." Executions in Oklahoma are currently on hold pending an investigation into the 2015 execution of Charles Warner and near-execution of Richard Glossip, in which the state violated its own lethal injection protocol by obtaining an unauthorized execution drug. In 2014, Clayton Lockett died 40 minutes into a botched execution by the state. Henry said, "We hope that Oklahoma can set a positive example in this area for the rest of the country and that's important because obviously Oklahoma's been in the news quite a bit lately for some of the problems that have occurred in the execution process." The commission expects to issue a report early in 2017. 

POLL: Majority of Oklahomans Favor Replacing Death Penalty With Life Without Parole Plus Restitution

A majority of Oklahoma voters favor abolition of the death penalty if it is replaced with a sentence of life without parole plus restitution, according to a new poll commissioned by News 9/News on 6. The survey by the non-partisan SoonerPoll.com found that 52.4% of Oklahomans would support abolition of the death penalty if the state replaced its system of capital punishment with the alternative sanction of life without parole, plus a requirement that the inmates pay restitution to victims' families. Nearly a third of respondents (30.5%) said they would "strongly support" abolition if this alternative punishment option were offered. The gap between support for replacing the death penalty versus retaining it as is was more than 18 percentage points, with 34.0% of respondents saying they would oppose abolition. A poll commissioned by The Oklahoman in October that asked the general question whether Oklahomans supported or opposed the death penalty reported that 67% of Oklahomans expressed support for the death penalty, down from 74% support reported in a 2014 poll by the Tulsa World. The Oklahoman poll showed that, at the same time, half of Oklahomans favored a moratorium on the state's death penalty. “A lot of people are in support of the death penalty right now, because they were never given an alternative,” said Bill Shapard, founder of SoonerPoll.com. “Right now the death penalty is really the only alternative to those who have committed some of the worst crimes in our society. But yet, now we are given an alternative, people are open to that.” The results of the Oklahoma polls are consistent with national polls, which find that respondents say they support the death penalty in the abstract, but prefer life without parole over the death penalty when offered a choice between the two.

Oklahoma Execution Irregularities Mirror Previous Errors By Arizona Involving Same Corrections Official

Robert Patton (pictured), the director of the Oklahoma Department of Corrections who oversaw the botched execution of Clayton Lockett, the use of the wrong third drug in the execution of Charles Warner, and the failed execution of Richard Glossip, was also involved in a number of Arizona executions that violated that state's execution protocol, a BuzzFeed investigation revealed. Lockett was Oklahoma's first execution under Patton, just two months after he became corrections director. For the previous five years, he was part of the team that planned and oversaw executions in Arizona. A 2011 deposition given by Patton in a federal court challenge to Arizona's execution protocol disclosed similar failures to adhere to state execution protocols. BuzzFeed reports that, 3 years before the Lockett execution, Patton had been involved in several Arizona executions in which corrections personnel could not find an arm vein suitable for execution and instead, as in Lockett's execution, inserted the IV into an artery in the executed prisoner's groin. In direct violation of Arizona's execution protocol, the executioners covered the IV with a sheet, risking that officials would be unable to detect problems with the IV. In investigating the Lockett case, the Oklahoma Department of Public Safety found that the same deviation from Oklahoma's protocol prevented executioners from discovering problems with the IV until Lockett began to move during the execution, at which point prison personnel discovered clear liquid and blood under the sheet and noticed that Lockett had swelling "between the size of a golf ball and tennis ball" at the IV insertion site. Patton then called off the execution, but Lockett died 45 minutes after the execution began. In his 2011 deposition, Patton admitted that he never checked the forms that identified which drugs and what amounts of those drugs were to be used in Arizona executions. In January 2015, using the wrong third drug in its three-drug protocol, Oklahoma executed Charles Warner. An investigation into that execution is ongoing, and state officials have not said who was aware at the time that the wrong drug was being used. The state also halted the execution of Richard Glossip in September when prison officials became aware two hours before the execution that they had obtained the same wrong drug.

History of Misconduct Chronicled in Oklahoma County With 41 Executions

Oklahoma County has executed 41 prisoners since 1976, the third highest in the country, and is among the 2% of American counties responsible for 56% of the men and women currently on the nation's death rows. A ThinkProgress report chronicles the decades-long pattern of misconduct committed under its long-time District Attorney "Cowboy Bob" Macy (pictured). Macy sent 54 people to death row during his 21 years as District Attorney, more than any other prosecutor in the U.S. in that period. “Macy would pretty much do whatever it took to win,” including making inflammatory arguments and routinely withholding exculpatory evidence, says David Autry, an Oklahoma County public defender from the Macy era. 23 of the Macy capital convictions relied heavily on the testimony of disgraced police chemist Joyce Gilchrist, whom an FBI investigation in 2001 concluded had offered testimony "that went beyond the acceptable limits of science.” An internal police investigation discovered that evidence in many of Gilchrist's major cases was missing, along with three years of her blood analysis files. In the case of Curtis McCarty, one of three death-row exonerees prosecuted under Macy, Gilchrist falsely testified that hairs found at the crime scene matched McCarty's and that his blood type matched the semen found on the victim's body. A later investigation revealed that Gilchrist had altered her notes to implicate McCarty and that the hairs she had tested were missing. McCarty was exonerated in 2007 after independent DNA testing excluded him as a suspect. Almost half of the 23 people who were sentenced to death in trials where Gilchrist testified were executed before their cases could be reviewed and ThinkProgress reports that as many as 38 of those Macy sent to death row have been executed.

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