Inmate Awaiting Execution Claims Insufficient Information on Lethal Injection Drug

Case Proving Contentious in South Carolina

In an unprecedented development, the legal team of a South Carolina death row inmate set to be executed later this month, has claimed that state prison officials failed to provide adequate information about the lethal injection drug to be used.

The condemned inmate, Freddie Owens, and his attorneys are seeking accessibility to the complete report from state scientists who conducted tests on the sedative, pentobarbital. The state, however, provided only a summary that stated the drug was stable, pure, and potent enough for execution – drawing from similar methods in other jurisdictions.

A Gagged Compounding Pharmacy

State attorneys have contested this request for full disclosure, citing a law passed in 2023, which ensures many particulars about the execution drug remain confidential. The details, they claim, could potentially be used to identify the compounding pharmacy responsible for its production.

South Carolina’s struggle to find a company willing to produce or sell the drugs needed for the lethal injection has been ongoing. The fear of public identification had resulted in a pause in the state’s executions since 2011.

Legal Intricacies

What information should be accessible to a condemned inmate is one of many legal issues pending before the South Carolina Supreme Court as the countdown begins for Owens. Convicted for shooting a convenience store employee during a robbery in 1997, Owens is set to face execution on September 20.

The legal team also questioned the credibility of Owens’ co-defendant, Steven Golden, who was able to avoid the death penalty with a plea deal. Golden received a much lesser sentence of 28 years for his testimony, suggesting that Owens killed the store worker, who was unable to open the store’s safe.

Religion and Execution: An Inmate’s Dilemma

Last week, Owens’ attorneys requested more time to argue that he deserves a new trial due to newly surfaced evidence. This included a claim from a juror, who stated that they saw a stun belt Owens was compelled to wear to secure his behavior during the trial.

Adding to the complexity of the case, the state Supreme Court ruled last week that Owens can allow his attorney to decide the method of execution. Owens, a practising Muslim, deems physically signing the form as a form of suicide and a sin, as it would represent direct involvement in his own death.

New Execution Protocol

Owens, 46, must notify prison officials by the upcoming Friday whether he chooses to die by lethal injection, electrocution, or the newly introduced firing squad. If he fails to make a choice, the state mandates that his life will be ended via the electric chair. His attorney, Gerald King Jr., argues that a fair decision cannot be made without comprehensive information about the lethal injection drug, which is part of South Carolina’s newly implemented one-drug protocol.

King emphasized the necessity of seeing the complete report from the State Law Enforcement Division laboratory that tested the pentobarbital. He stated that the names of the technicians can be omitted, in compliance with the shield law.

Expert Opinion

University of South Carolina pharmacy professor, Dr. Michaela Almgren, parroting these concerns, communicated in a sworn statement that the summary provided by state prison officials does not offer enough information to conclude if the lethal injection drug is pure, stable, and potent enough to ensure a successful execution.

No specific details about test methods, procedures followed, or actual results obtained from those tests were presented in the affidavit. Dr. Almgren elaborates:”The report also fails to inform the inmate of crucial details such as the ‘beyond use date’, when the compound drug becomes unstable, and how the drug, which is sensitive to temperature, light, and moisture, would be stored. An unstable drug could cause extreme pain when injected, damage blood vessels or could fail to accomplish its intended task.”