Yesterday, the US Department of Justice intervened to effectively stop an execution scheduled hours later in Arizona. The DOJ informed the state of Arizona that it could not use one of the three drugs used in the state’s lethal injection protocol because the drug had been obtained illegally from a foreign source. Arizona, along with several other states, imported supplies of sodium thiopental–an anesthetic used to put inmates to sleep in advance of their death–from a company in the United Kingdom. The DOJ has not yet given specifics on why exactly it believes Arizona acted improperly when it imported the drugs, but the Drug Enforcement Agency had already seized the supplies of five out of ten states that imported sodium thiopental.
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The Washington DC firm Sidley Austin LLP filed suit in federal court this morning against the Food and Drug Administration. The subject of the suit: the FDA’s decision to let imports of British-made sodium thiopental go ahead to states that are planning on using the drug in executions. Six death row inmates are named as plaintiffs in the case, including Steve Livaditis and Brett Pensinger of California.
At issue is the drug, sodium thiopental, an anesthetic used in many states’ lethal injection procedures. Only one company, Hospira, has been approved to manufacture sodium thiopental for use in the United States. That company stopped making the drug in 2009 due to a raw materials shortage, meaning states that use the drug in executions were left to look for other sources. Hospira has since announced that they’re completely discontinuing the drug, due to controversy over its use in lethal injections.
Why is the Governor of Arizona in town?
Why is Arizona Governor Jan Brewer in town? Because today, at the 9th Circuit Court of Appeals in SF, a three-judge panel took up the question of whether the state’s much-talked about immigration law, SB 1070, is constitutional. And hundreds of protesters showed up to greet her at the federal courthouse at 7th & Mission Streets.
A bit before 9am, a number (probably about 30) of supporters arrived, carrying signs that said things like “Support Arizona’s law,” “Sanctuary cities are illegal,” and “Secure our borders.” Their purpose, they said, was to show Brewer support for the state’s efforts to crack down on undocumented immigrants. The law, SB 1070, extends the role of local police in finding undocumented immigrants and bringing them to the attention of Immigration and Customs Enforcement for deportation. Some of those who showed up to support the law said that Arizona is doing what the federal government has failed to do: enforce immigration law. At about 9:30, their pro-Arizona chants were drowned out by a procession of hundreds of immigrants rights supporters, who had gathered at 3rd & Mission Streets, marched down Market St, and now flooded the block around the courthouse. On the street side, marchers carried a rope to separate their protest from the pro-SB 1070 crowd, which mostly kept to the edges of the sidewalk.
What the Arizona execution means for the death penalty nationwide
Last night, Arizona executed Jeffrey Landrigan by lethal injection. Landrigan, convicted in a 1989 murder, had been granted a stay of execution by a federal judge in Arizona. On appeal, that stay was overturned by the US Supreme Court at about 7pm yesterday and Landrigan died less than three-and-a-half hours later.
For the past week or so, there was a flurry of legal maneuvering by Landrigan’s defense team. The main issue, the one that resulted in a federal district judge temporarily stopping the execution, was a question about where the state of Arizona obtained drugs to use in the execution, and whether those drugs were safe and effective. For a while now, it’s been clear that there’s a nationwide shortage of sodium thiopental, which is the first of three drugs that several states (including Arizona and California) use in the lethal injection process. It’s an anesthetic which is supposed to put the inmate to sleep and prevent him or her from experiencing pain as he or she dies.
Evening LinkUp: Docs reveal where Berkeley hikers were arrested and more
Gloria Allred: The attorney people love to hate Among the glitz and publicity, Allred’s become possibly the most recognized civil rights attorney in the country. (Sacramento Bee)
Iran took hikers from Iraq Says military field report included in WikiLeaks release. (Inside Bay Area)
Patient arrested for murder in death of psychiatric technician at local mental hospital Hospital has been plagued with assaults on staff and some say it needs prison-style security. (San Francisco Chronicle)
Whitman says death penalty would be litmus test for judges And cites Rose Bird as negative example. (blogs.sacbee.com)
Arizona draws difficult panel for immigration appeal The AZ immigration law comes before the 9th Circuit today and experts say it’s got a tough road. (The Politico)
Felons challenge voting prohibition Two Milwaukee men who voted while on probation say it wasn’t illegal, it was their right. (Milwaukee Journal Sentinel)
Another execution held up by questions about drugs
Issues with lethal injection drugs don’t seem to be going away for states. Last month, a scheduled California execution was called off by the California Supreme Court and a federal judge in San Jose. At the time, it was widely believed that the state was running up against a deadline–it’s stock of sodium thiopental, the first drug used in a three-drug execution procedure expired the day after the scheduled execution. Later, the state revealed it had managed to obtain a new stock of sodium thiopental with a 2014 expiration date on September 30, the execution day. Another state, Arizona, also obtained sodium thiopental that day–drugs intended for use in an execution scheduled for this Tuesday. But earlier today, a federal judge called the execution off. Defense attorneys for Jeffrey Landrigan had been appealing to several courts to stop the execution in light of what they say is new DNA evidence (or lack thereof). But that’s not why the federal judge stayed the execution. Instead, U.S. District Judge Roslyn Silver said that the state needed more time to consider whether Arizona can use a supply of sodium thiopental without saying where it came from.