More than two years after halting the execution of inmate Oscar Smith due to the Tennessee Department of Correction’s failure to follow its own protocols, the state has announced a new execution method. However, executions will not resume immediately.
On Friday, the Department announced it had completed a revised lethal injection protocol using a single drug, pentobarbital, but did not release the full protocol or provide additional details.
Kelley Henry, chief of the federal public defender’s habeas unit representing many of Tennessee’s death row inmates, criticized the lack of transparency, stating that the secrecy surrounding the execution process allowed officials to violate protocols while misleading courts and the public.
Smith’s last-minute reprieve in May 2022 came after Henry requested test results for the lethal injection drugs. Public records later revealed that at least two officials knew the drugs had not undergone required testing. An independent review found the state had consistently failed to comply with its revised 2018 lethal injection process.
Frank Strada, who became Commissioner of the Correction Department in January 2023 following the dismissal of the department’s top attorney and inspector general, expressed confidence in the revised process, asserting it complies with state laws and departmental policies.
Henry highlighted that a federal lawsuit challenging Tennessee’s previous three-drug lethal injection protocol is still active, with inmates having 90 days to review the new protocol and potentially amend their complaint. She also emphasized that no new execution dates should be set while the lawsuit continues.
Additionally, Henry pointed out that the U.S. Department of Justice is currently reviewing the use of pentobarbital in executions, noting scientific data suggesting the drug can cause pulmonary edema, a condition likened to waterboarding.
