NASHVILLE, Tenn. — After more than two years of suspension, Tennessee is poised to potentially resume executions, specifically of inmate Oscar Smith, following a revelation that there had been significant procedural missteps by correction officials during previous execution attempts. This decision was announced recently by the Tennessee Department of Correction, which has finalized a modified lethal injection protocol employing a single drug known as pentobarbital. However, the state emphasized that executions will not recommence immediately.
On Friday, the department issued a succinct statement affirming that the new lethal injection protocol has been completed, although they did not make the specifics of the protocol available to the public or provide additional insights. Kelley Henry, the chief of the federal public defender’s habeas unit representing many individuals on death row in Tennessee, expressed concern regarding the announcement’s vague nature.
Henry stated that the lack of transparency surrounding execution protocols in Tennessee had allowed corrections officials to conduct executions contrary to their own established guidelines while misleading both the courts and the public regarding their practices. This concern was amplified when Smith received a last-minute reprieve prior to his scheduled execution due to Henry’s inquiry into the necessary purity and potency tests of the drugs intended for use. It was later revealed through public records that the drugs had not undergone essential testing before the planned execution.
An independent review indicated that the state’s adherence to the lethal injection procedures had been inconsistent since their revision in 2018. The current Commissioner of the Tennessee Department of Correction, Frank Strada, who took office in January 2023 alongside significant staff changes in the department, expressed optimism about the department’s capability to conduct executions that conform to both departmental policies and state legislation.
It is important to note that the denial of a new execution date is critical while death row inmates continue a legal battle in federal court disputing the prior lethal injection protocol that employed a triad of drugs. Their lawsuit is currently in a waiting phase pending the state’s assessment and adjustment of the execution method. Under their agreement, the inmates have a window of 90 days to evaluate the new protocol and determine if they wish to revise their legal complaints against it.
Henry emphasized the necessity of refraining from scheduling any new execution dates while this legal matter is unresolved. Furthermore, she highlighted that the U.S. Department of Justice is actively assessing the implementation of pentobarbital in execution practices, pointing out that data suggests the use of this single drug results in pulmonary edema, raising ethical concerns regarding its use which has been equated with waterboarding.
