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As an increasing number of national medical organizations oppose participation in the controversial executions, it could be a challenge for Tennessee to find the drugs it needs.(Photo: The Tennessean)
NASHVILLE — The Tennessee Department of Corrections will not say if it has the chemicals needed to execute inmates via lethal injection.
Attorneys for inmates challenging the state's protocol say the drugs are not on hand. And an opportunity for the attorneys to ask prison supervisors about the drug supply did not take place as planned Friday because of a canceled court hearing.
As an increasing number of national medical organizations oppose participation in the controversial executions, it could be a challenge for Tennessee to find the drugs it needs.
"It's certainly clear that it has become more difficult for states to find the drugs that their protocols say they are supposed to use," said Robert Dunham, executive director of the Death Penalty Information Center, which opposes the death penalty. "What the response to that will be is unclear."
Drug supply
Attorneys for Tennessee and attorneys for more than 30 death-row inmates — who are challenging the state's lethal injection and electrocution procedures — had planned to gather in front of Davidson County Chancellor Claudia Bonnyman on Friday.
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The inmates and their attorneys say the state's protocols are unconstitutional and violate protections from cruel and unusual punishment.
The state filed a motion for a Friday hearing, asking Bonnyman to stop any court proceedings related to electrocutions. That issue is pending before the Tennessee Supreme Court.
Attorneys for the inmates used it as a chance to file documents suggesting the state is unable to carry out lethal injection executions.
The Tennessee Department of Corrections has said it is confident it will be able to carry out executions, but when previously asked by The Tennessean, did not say whether the lethal-injection drugs were on hand.
The inmates' attorneys say in court documents that they subpoenaed Riverbend Maximum Security Institution leaders Tony Parker and Charles Carpenter to bring proof the state has the drugs. The execution chamber and death row inmates are housed at Riverbend in Nashville.
Attorneys for the inmates expected both men who oversee the prison to testify during a hearing that the Department of Corrections does not have a supply of the drugs.
The state withdrew its request for the Friday hearing. And then it asked the Tennessee Supreme Court to intervene.
National opposition
The battle happening inside the Nashville courtroom unfolds as an increasing number of national groups oppose lethal injection.
On Monday, the leaders of the American Pharmacists Association will take a final vote whether to oppose pharmacist participation in executions. The APA is the largest group of pharmacists with 62,000 members.
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The policy under consideration says that "such activities are fundamentally contrary to the role of pharmacists as providers of health care."
The American Medical Association, American Board of Anesthesiologists, American Nurses Association and National Association of Emergency Medical Technicians each discourage their members' participation in executions.
"The first rule for doctors is the Hippocratic Oath: Do no harm," Dunham said.
In response to botched executions and public pressure, manufacturers of the lethal-injection drug pentobarbital barred their products from being used in executions. States have turned to compounding pharmacies, which alter manufactured drugs, for a supply.
But last week the International Association of Compounding Pharmacists issued a statement discouraging its 4,000 members from supplying compounded lethal injection drugs.
The statement reflects increasing concern that states will alter the chemicals and cause pharmacists to face legal problems, according to the association.
Still, that does not mean the drugs are unavailable and executions will halt.
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"I think that will further restrict the availability of these drugs," Durham said. "And it will create further incentives for those few compounding pharmacies that are acting against the generally accepted view of their community, it will create more incentives for them to be secretive about their involvement in this activity."
In early March, Texas announced it was running low on pentobarbital.
On Wednesday, the Texas Department of Criminal Justice announced it had found a pharmacy to temporarily supply the chemical, and executions would continue.
OTHER EVENTS IN THE DEATH PENALTY CASE
• Davidson County Chancellor Claudia Bonnyman ordered documents revealing the name of pharmacists supplying lethal injection drugs be returned to the Tennessee Department of Corrections. Federal public defenders got the documents, with one of the names poorly redacted, through a public records request. They sealed the documents and notified the court on March 20.
• The state has asked the Tennessee Supreme Court to stop any Chancery Court proceedings related to the condemned inmates' claims that the electric chair is unconstitutional. The Supreme Court is set to hear arguments May 6 whether challenges to the electric chair can be made. The state argues since no inmate is currently set to be executed by electrocution, the inmates' claims are invalid.
• The Tennessee Supreme Court has asked the state to show why four executions scheduled for later this year should not be rescheduled, given that the Chancery Court case likely will not be resolved by then.
• What's next: A hearing to address pending motions in the case is set for April 10. Trial is set for July 7.
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