The Tennessee Department of Correction (TDOC) announced a revised lethal injection protocol, signaling a potential resumption of executions in the state after a two-and-a-half-year hiatus. This halt was triggered by the eleventh-hour reprieve granted to Oscar Smith, a 74-year-old death row inmate convicted of triple murder, in April 2022. The postponement stemmed from revelations that the TDOC had failed to adhere to its own execution protocols, specifically regarding the required testing of lethal injection drugs. This incident prompted an independent review, which uncovered systemic non-compliance with the state’s lethal injection procedures since their 2018 revision. The newly announced protocol now utilizes a single drug, pentobarbital, for executions.
The shift to a single-drug protocol marks a significant change from the previous three-drug cocktail. While the TDOC has expressed confidence in the revised process, the specifics of the new protocol remain undisclosed, raising concerns about transparency and accountability. Kelley Henry, a federal public defender representing many Tennessee death row inmates, criticized the lack of detail, emphasizing that the secrecy surrounding the previous protocol enabled the TDOC to operate in violation of its own rules and mislead both the courts and the public. This lack of transparency becomes particularly critical given the ongoing federal lawsuit challenging the former three-drug protocol, which has been temporarily paused pending the state’s review and revision.
The circumstances surrounding the halted execution of Oscar Smith underscore the gravity of the procedural failures within the TDOC. The reprieve was granted following Henry’s request for the results of mandatory purity and potency tests for the lethal injection drugs. Subsequent investigations revealed that the drugs intended for Smith’s execution had not undergone the necessary testing, a fact known to at least two individuals within the department. This breach of protocol not only jeopardized the execution process but also eroded public trust in the state’s ability to carry out capital punishment legally and ethically.
The TDOC’s announcement of the revised protocol coincides with a change in leadership. Commissioner Frank Strada, who assumed his role in January 2023, expressed confidence in the new lethal injection process, asserting its compliance with both departmental policy and state laws. His appointment followed the termination of the TDOC’s top attorney and inspector general in the same month, suggesting an effort to address the systemic issues that led to the execution halt and subsequent review. However, the lack of transparency surrounding the new protocol leaves questions about the extent of the reforms and whether they adequately address the concerns raised by the previous failures.
The legal challenge to Tennessee’s lethal injection protocol continues to loom over the state’s efforts to resume executions. Death row inmates, represented by Henry, have an ongoing federal lawsuit contesting the previous three-drug method. While the case has been temporarily put on hold to allow for review of the revised protocol, the inmates retain the option to amend their complaint based on their assessment of the new single-drug procedure. This legal challenge, coupled with the ongoing review by the U.S. Department of Justice into the use of pentobarbital in executions nationwide, introduces further layers of complexity and uncertainty to the future of capital punishment in Tennessee.
Henry has requested that no new execution dates be set while the legal proceedings continue, advocating for a cautious approach until the new protocol is thoroughly vetted and any legal challenges are resolved. She also highlighted concerns regarding the use of pentobarbital, citing scientific evidence linking it to pulmonary edema, a condition likened to the sensation of drowning or waterboarding. This raises ethical and humanitarian questions regarding the potential suffering experienced by inmates during execution, adding another dimension to the debate surrounding the revised protocol and the future of capital punishment in Tennessee. The state’s move towards resuming executions faces significant legal and ethical hurdles, requiring a commitment to transparency and adherence to established protocols to ensure the process is conducted lawfully and humanely.
