Thursday, January 30, 2014

The third execution in Missouri since November.

 Updated at 10:45 p.m.
 

...Smulls' attorneys (click here) were challenging among other things the state's refusal to disclose where it obtained its lethal injection drug. The state says the name of the compounding pharmacy isn't public record, because it's considered part of the execution team....

...Missouri had used a three-drug execution process since 1989, until the drug makers stopped selling those drugs for executions. Missouri eventually switched late last year to pentobarbital. Pentobarbital was used to execute two Missouri inmates late last year, and neither showed visible signs of distress.

Compounding pharmacies custom-mix drugs for clients and are not subject to oversight by the U.S. Food and Drug Administration, though they are regulated by states.

On Tuesday, Pilate said previous testimony from a prison official indicates that the state stores the drug at room temperatures, which could taint the drug and potentially cause it to lose its effectiveness.

Pilate also said she and her defense team used information obtained through open records requests and publicly available documents to determine that the compounding pharmacy is The Apothecary Shoppe, based in Tulsa, Okla. In a statement, The Apothecary Shoppe would neither confirm nor deny that it makes the Missouri execution drug....