The decision by manufacturers to cut off supplies of drugs, some of which had been widely used in executions for decades, has left many of the nation’s 32 death penalty states scrambling to come up with new drugs and protocols. Some states have already changed their laws to keep the names of lethal-drug suppliers private as a way to encourage them to provide drugs.
The uncertainty is leading to delays in executions because of legal challenges, raising concerns that condemned inmates are being inadequately anesthetized before being executed and leading the often-macabre process of state-sanctioned executions into a continually shifting legal, bureaucratic and procedural terrain.
In the Florida execution, which used the new drug midazolam as part of a three-drug mix, The Associated Press reported that the inmate, William Happ, appeared to remain conscious longer and made more body movements after losing consciousness than those executed with the old formula.
“We have seen more changes in lethal injection protocols in the last five years than we have seen in the last three decades,” said Deborah W. Denno, a professor at Fordham Law School and a death penalty expert. “These states are just scrambling for drugs, and they’re changing their protocols rapidly and carelessly.”