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Death row prisoner claims South Carolina failed to disclose information on lethal injection drug

Lawyers representing Freddie Owens, a South Carolina inmate facing death penalty, have expressed concerns regarding the lack of detailed information about the drug to be used in his execution by lethal injection. The attorneys are requesting full disclosure of the report from state scientists who assessed the sedative pentobarbital, as the provided summary did not suffice in confirming the drug’s purity, stability, and potency for carrying out the execution effectively. The state’s justification for withholding certain details under a shield law passed in 2023 has been challenged by Owens’ legal team.

South Carolina has faced difficulties in carrying out executions in recent years due to challenges in sourcing the necessary drugs for lethal injections. Owens, who is scheduled for execution on September 20 for a 1997 crime, has raised multiple legal issues as his execution date approaches. His lawyers have called for a delay, citing discrepancies in his co-defendant’s testimony and possible evidence for a retrial.

Amidst these legal battles, the South Carolina Supreme Court has ruled that Owens can delegate the decision on the method of execution to his lawyer. Owens, for personal and religious reasons, objects to physically signing the form that would indicate his preference, as it conflicts with his Muslim faith. The deadline for Owens to indicate his choice of method – lethal injection, electrocution, or firing squad – is fast approaching.

Owens’ attorney, Gerald King Jr., argued that the lack of comprehensive information on the lethal injection drug, as part of a new one-drug protocol, hinders Owens from making an informed decision. King is advocating for access to the full report from the State Law Enforcement Division laboratory, emphasizing the necessity to understand the drug’s qualities to prevent potential risks of pain, vascular damage, or inadequate effectiveness during the execution process.

In court documents, a statement from a pharmacy professor highlighted the insufficiency of details provided by prison officials in ensuring the drug’s quality and suitability for execution. Without complete information on testing methods, dates, and storage conditions, concerns remain about the drug’s stability and effectiveness. Owens’ legal team continues to push for transparency and clarity in the execution process to safeguard against any potential issues affecting the procedure.

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