Sunday, December 4

Tennessee halts executions to conduct review after prisoner’s last-minute stay | Capital penalty

Tennessee is pausing executions to enable an independent review of its lethal injection procedures after a testing oversight forced the state to call off the execution of Oscar Smith an hour before he was to die this month, the Republican governor, Bill Lee, said on Monday.

Ed Standon, a former US attorney, will review circumstances surrounding the testing of lethal injection chemicals, the clarity of the lethal injection process manual and Tennessee department of correction staffing considerations, Lee said.

“I review each death penalty case and believe it is an appropriate punishment for heinous crimes,” Lee said. “However, the death penalty is an extremely serious matter, and I expect the Tennessee department of correction to leave no question that procedures are correctly followed.”

His statement said the pause will remain in effect through the end of the year to allow time for the review and corrective action.

Lee has not explained exactly why the Smith execution was delayed. He issued a brief statement on 21 April at 5.42pm saying that “due to an oversight in preparation for lethal injection, the scheduled execution of Oscar Smith will not move forward tonight. I am granting a temporary reprieve while we address the Tennessee department of correction protocol.”

Officials initially said Lee would release more details last week, but then said more information would be released on Monday. Smith’s attorneys asked last week for a moratorium on executions and a review of the state’s execution protocols.

“Governor Lee’s decision to pause executions pending an independent review of Tennessee’s lethal injection protocol shows great leadership,” Kelley Henry, a federal public defender, said.

“The use of compounded drugs in the context of lethal injection is fraught with risk. The failure to test for endotoxins is a violation of the protocol. Governor Lee did the right thing by stopping executions because of this breach.”

While lethal injection was adopted as a humane alternative to the electric chair, it has been the subject of consistent problems and lawsuits.

Tennessee uses a three-drug series to put inmates to death: midazolam, a sedative to render the inmate unconscious; vecuronium bromide, to paralyze the inmate; and potassium chloride, to stop the heart.

Officials have said the inmates are unconscious and unable to feel pain. Expert witnesses for inmates have said the inmates would feel like they are drowning, suffocating and being burned alive, all while unable to move or call out.

Of the seven inmates Tennessee has put to death since 2018, when it ended an execution pause stretching back to 2009, five have chosen to die in the electric chair.

Smith declined to make a choice, meaning he was scheduled to be executed by the state’s preferred method of lethal injection.

Smith was sentenced to death for fatally stabbing and shooting his estranged wife, Judith Smith, and her teenage sons, Jason and Chad Burnett, at their Nashville home on October 1, 1989.

At 72, Smith is the oldest inmate on Tennessee’s death row. His reprieve from him expires on 1 June, after which the state supreme court will set a new execution date.

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