ST. LOUIS, January 5, 2011 -- Information uncovered by the American Civil Liberties Union of Eastern Missouri through a Sunshine Law request shows the Department of Corrections has a severe shortage of the drug sodium thiopental, one of three drugs used for lethal injection executions in Missouri. The drug is necessary for an execution to be constitutional in Missouri, and the remaining supply is limited and set to expire in March. The sole U.S. manufacturer of the drug is not currently producing it.
Only 50 units are in stock. The state of Missouri chose not to use the drug during its most recent quarterly execution rehearsal, in October 2010, likely in an attempt to stretch its inventory. Earlier rehearsals used 10 units. The rehearsals are critical to ensuring the efficacy of a process that has already come under fire and is currently being challenged in court.
Additionally, the use of sodium thiopental for executions has never been approved or reviewed by the Food and Drug Administration. In a statement released yesterday the FDA declared that they cannot vouch for the safety or efficacy of the drug, either from domestic or foreign sources.
Tony Rothert, Legal Director of the ACLU-EM commented, “With Missouri’s supply running out and with all supplies unregulated, there are serious questions about whether the drug is eliminating suffering, as it is supposed to, or doing something different.”
The revelation of changes in the execution rehearsal regime come as Richard Clay is scheduled for execution on January 12. “These documents show that the state has been cutting corners during its training.” says ACLU-EM Executive Director Brenda Jones. “The inadequate training and the nearing expiration date for the drugs raise serious constitutional questions. We do not believe that the state can guarantee that Mr. Clay will not be killed in a cruel and unusual manner.” All of the documents received in the ACLU-EM Sunshine Law request are posted below: