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Civil Liberties Union sues Missouri for concealing suppliers of execution drugs
The American Civil Liberties Union has sued Missouri prison officials, seeking to force the state to divulge the compounding pharmacies that supply its lethal execution drugs and identities of other members of its death row execution team. The lawsuit came on Wednesday, a day after the state said it would start classifying those pharmacies and entities involved in administering the death penalty in Missouri and thus shielded from public disclosure of their identities, Reuters reported. The lawsuit accuses the state of unconstitutionally censoring information the public has a right to know.ACLU sues to lift secrecy over Missouri execution team
After a Post-Dispatch investigation seven years ago revealed the
identity of Missouri’s lead executioner, exposing a history including
public discipline from the state medical board and false statements in
court, the Legislature took action.
It enacted a law to ban any person from “knowingly disclosing the identity of a current or former member of an execution team.’’
The Department of Corrections announced on Tuesday it was adding a
compounding pharmacy to the execution team and invoked the 2007 law
protecting the pharmacy’s workers from disclosure.
On Wednesday, the American Civil Liberties Union of Missouri sued in
U.S. District Court in St. Louis to try to overturn the law so “we can
post documents that identify execution team members on our website
without fear of violating any statutes,” said its legal director, Tony
Rothert. Under the law, an executioner whose identity was revealed could
file a lawsuit and recover actual and punitive damages from the person
who revealed the name.
Missouri has long struggled to find executioners and execution drugs
with spotless histories. Most medical professionals and drug companies
avoid being associated with taking lives.
ACLU sued the state this month for records of the state’s inventory of
propofol, an anesthetic the state had planned to use in lethal
injections to execute murderers Allen Nicklasson on Oct. 23 and Joseph
Paul Franklin on Nov. 20.
The records showed the supplier of some of the propofol, Morris &
Dickson, of Shreveport, La., had pleaded with the state nearly a year
ago to return vials the company had shipped to Missouri in violation of
its agreement with the manufacturer, Fresenius Kabi, of Germany, not to
provide the drug for capital punishment.
The state finally returned the drug after the ACLU put the records on
its web site. But it still had propofol manufactured by Hospira in stock
from another supplier, Mercer Medical of suburban Seattle.
Then Hospira said it wanted its propofol back, too, because it had not
authorized the sale to Mercer Medical. On Oct. 11, Gov. Jay Nixon
postponed the Nicklasson execution and ordered the department to develop
a new protocol. On Tuesday, the state announced it would use
pentobarbital, commonly used to euthanize pets.
Source: St Louis Post-Dispatch, October 24, 2013
Read more: http://deathpenaltynews.blogspot.com/#ixzz2ies9cPZJ
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