NASHVILLE, Tenn. — Just days after Tennessee revealed a new execution manual for death row inmates, the state’s prison officials announced that they would not be making the document available to the public.
The Tennessee Department of Correction instructed media representatives to file a public records request to access the latest execution protocol. However, this week, the agency denied that request, stating that it is necessary to keep the entire document confidential to safeguard the identities of the execution team and others involved in the process.
This decision to withhold information marks a departure from previous practices where similar requests were honored, aligning with a growing trend in the U.S. to limit public information related to executions—especially following instances where anti-death penalty advocates used disclosed records to highlight issues within the execution process.
The execution protocol typically outlines the procedures the state follows when carrying out executions. Previously, Tennessee operated under a 2018 protocol that provided comprehensive directions on selecting execution staff, their training, and guidelines concerning the procurement, storage, and administration of lethal injection drugs. It also offered details regarding inmates’ living conditions, diet, and visitation rights in the days leading up to their execution while outlining procedures for media witnesses.
The former protocol mandated the use of a three-drug combination for lethal injection; however, the newly introduced version requires just a single dose of pentobarbital. Details beyond this change have not been disclosed.
In response to inquiries about why the new protocol is not being released, Kayla Hackney, a spokesperson for the Tennessee Department of Correction, stated that the “protocol is not a public record,” referencing a state law that maintains the confidentiality of individuals executing the death penalty. Yet this same statute indicates that while certain information within a document may be confidential, that should not hinder access to the record itself, as the confidential details can be redacted.
Historically, the Tennessee correction agency has been more open. In 2018, a redacted version of the protocol was provided to an Associated Press reporter via email. Furthermore, in 2007, a previous execution protocol was considered a public record, with the agency responding to a request after former Governor Phil Bredesen announced a sudden halt to executions. An analysis of that 100-page “Manual of Execution” revealed inconsistencies and outdated instructions combining lethal injection guidelines with those for electrocution.
Tennessee decided to update its execution protocol after halting executions in 2022 due to the acknowledgment that the 2018 protocol was not being properly implemented. The Department had failed to consistently test the execution drugs for their strength and purity, which led to a review that determined none of the drugs prepared for seven executions since 2018 had undergone adequate testing. Subsequently, the state Attorney General’s Office admitted in court that certain individuals had given inaccurate sworn testimonies regarding the testing of execution chemicals’ compliance.
Despite a record low number of executions across the U.S., states that continue this practice have increasingly opted for greater secrecy surrounding their execution procedures, particularly concerning the procurement of lethal injection drugs. Proponents of maintaining this secrecy assert that it is vital to ensure the safety of those involved in the execution process. However, a 2018 report by the Death Penalty Information Center questioned this rationale, indicating that such arguments often lacked evidence to support claims of potential threats to execution personnel due to more transparency.
Kelley Henry, who leads the federal public defender’s habeas unit representing numerous Tennessee death row inmates, expressed confusion regarding the state’s decision to withhold the new protocol amidst such circumstances. She remarked that the culture of secrecy surrounding the execution protocols has fostered an environment rife with incompetence and a lack of accountability.
