- As drug companies refuse to let their products be used for the death penalty, states are using untested drug combinations that .
Just after midnight tonight, convicted murderer Herbert Smulls was executed by the Missouri Department of Corrections. On February 5, Christopher Sepulvado, convicted of killing his stepson in 1992, will meet the same fate in Louisiana.
It’s likely that both men will die not knowing what exactly is being shoved into their veins.
Information about the drugs that will be used to kill these men—including where they came from, or if they’ve been tested for purity—has been kept a closely guarded secret by state correctional departments in both Louisiana and Missouri.
States became much more secretive about where they procure execution drugs from after sources of name-brand, FDA-approved drugs made their products unavailable for executions in the United States in 2010 and 2011.
Lawyers that represent both condemned prisoners have been trying to get their states to reveal information about the drugs, but have so far been unsuccessful.
Both Missouri's and Louisiana’s state correctional departments argue that the identities of these pharmacies are protected under a state law that allows the identity of those involved with executions to be kept confidential.
Lawyers that represent both condemned prisoners argue that states must answer questions about whether or not the execution will be humane and comport with the Constitution. Without information about the drugs, those questions have gone unanswered.
According to Megan McCracken, Eighth Amendment Resource Counsel at U.C. Berkeley School of Law's Death Penalty Clinic, “If lawyers for the condemned prisoners can't get the information [about the drugs], then they cannot meet their legal burden in court to show that there's a substantial risk of harm.”
By keeping this information a closely guarded secret, states are asking condemned inmates to take their word for it that the source is legitimate and the drugs won’t result in cruel and unusual punishment when administered.
However, new information reveals that Louisiana may be breaking the law to execute Christopher Sepulvado on February 5.
In a court document filed on Friday, Louisiana officials admitted that the Department of Corrections has not yet obtained the pentobarbital for Sepulvado’s execution. Instead, officials admitted they are “in the process of procuring 15 grams of pentobarbital,” and would disclose more information when they have the drug in their possession. The court document can be viewed in full below:
The Supreme Court has issued an execution date for Herbert Smulls, 56, who was sentenced to death for the 1991 shooting of Stephen and Florence Honickman at a St. Louis County jewelry store they owned and operated. The Supreme Court has issued an execution warrant, allowing the state to execute Smulls by lethal injection Jan. 29, 2014.
Typically, customers would make an appointment with the Honickmans to examine jewelry for sale. In July, 1991, a person identifying himself as Jeffrey Taylor called the Honickmans and made an appointment to buy a diamond. “Jeffrey Taylor” was later identified as Herbert Smulls.
July 22, 1991, Smulls and Norman Brown went to the Honickmans’ store. After viewing several diamonds, Smulls and Brown left the store without making a purchase.
On the afternoon of July 27, 1991, Smulls and Brown followed another customer into the store. Florence Honickman was unable to show any jewelry at that time but suggested she might be able to help them later.
Smulls and Brown returned to the store that evening. After viewing some diamonds, Smulls and Brown went into a hallway, purportedly to discuss the diamond prices. A short time later, Florence looked up and saw Smulls aiming a pistol at her. She then ran and hid behind a door. Smulls fired three shots at her, striking her arm and side. Smulls then fired several shots at Stephen Honickman, who was struck three times. Smulls and Brown stole jewelry worn by Florence as she lie on the floor with serious injuries, and then took other items in the store.
After the two men fled, Florence called police. Stephen died from his wounds; Florence suffered permanent injuries from the attack.
Brown remains in prison on two life sentences without the possibility of parole, plus 90 years. Brown is 37 years old.
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