Tennessee has introduced a new lethal injection protocol, more than two years after halting executions due to non-compliance with its own procedures. The Tennessee Department of Correction (TDOC) announced Friday that the state will now use a single-drug method involving pentobarbital.
Background on the Execution Suspension
The state’s last scheduled execution, that of inmate Oscar Smith in May 2022, was halted abruptly after revelations that correction officials failed to follow their own execution protocols. The reprieve followed inquiries from Smith’s legal team about the lethal injection drugs’ purity and potency.
Subsequent investigations revealed systemic non-compliance with the state’s execution procedures since their revision in 2018. This prompted a comprehensive review and overhaul of the protocol.
Details on the Revised Protocol
While TDOC has not publicly released the details of its new execution protocol, Commissioner Frank Strada expressed confidence in the process. “I am confident the lethal injection process can proceed in compliance with departmental policy and state laws,” Strada said.
The use of pentobarbital marks a shift from Tennessee’s previous three-drug protocol, which had faced legal challenges for its alleged inhumane effects.
Criticism and Legal Challenges Persist
Kelley Henry, chief of the federal public defender’s habeas unit representing many of Tennessee’s death row inmates, criticized the state’s lack of transparency. “The secrecy which shrouds the execution protocol in Tennessee is what allowed TDOC to perform executions in violation of their own protocol,” Henry stated.
Death row inmates have an ongoing federal lawsuit challenging the previous three-drug protocol. The case was paused to allow the state time to revise its methods. Inmates now have 90 days to review the new protocol and decide whether to amend their complaint to include it.
Henry also raised concerns about the use of pentobarbital, citing scientific data linking the drug to pulmonary edema, a condition compared to the sensation of waterboarding.
Federal Review of Pentobarbital Use
The U.S. Department of Justice is currently reviewing the use of pentobarbital in executions, which could impact Tennessee’s ability to resume executions under the new protocol.
