HOUSTON — Texas plans to use expired and unsafe drugs to carry out executions early this year in violation of state law, three death-row inmates allege in a...
HOUSTON — Texas plans to use expired and unsafe drugs to carry out executions early this year in violation of state law, three death-row inmates allege in a lawsuit.The first execution, of Robert Fratta, is set for Jan. 10. The state’s highest criminal court of appeals put the lawsuit from Fratta, Wesley Ruiz and John Balentine on hold Friday while it considers an appeal by the Texas attorney general’s office. The state wants the case to be decided by a criminal court, not a civil one.
“Texas continues to just really rely on secrecy in these executions and that’s why they’re trying to do an end run around this lawsuit because they don’t want to tell anybody that these drugs are expired,” Nolan said. Like other states in recent years, Texas has turned to compounding pharmacies to obtain pentobarbital, which it uses for executions, after traditional drugmakers refused to sell their products to prison agencies in the U.S.
“A drug that has surpassed its [beyond use date] is at risk of stability and sterility failings and may not retain sufficient potency, thus it must not be used,” Almgren wrote. But Almgren called the state’s testing “completely unscientific and incorrect, and therefore the results are invalid.”
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