letter from ok attorney general re execution drugs 4-1-14

8/12/2019 Letter From OK Attorney General Re Execution Drugs 4-1-14

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OFFICE OFATTORNEY GENERAL

STATE OF OKLAHOMA

April 1,2014

MadelineCohen

O.Dean SanderfordA S S T . FEDERAL PUBLIC DEFENDERS

OFFICE OF TH E FEDERAL PUBLIC DEFENDER

DISTRICTSOFCOLORADO AND WYOMING

63317 thStreet,Suite 1000

Denver, CO 80202

Re: Executions ofClaytonLockett and Charles Warner

DearMs .Cohen andMr. Sanderford:

Iam in receipt of yourMarch28,2014 letterrequesting information concerning thedrugstobe used in the execution of your clients, Clayton Lockett and Charles Warner. As you know,

theStatewillbe appealing JudgeParrish's March26 thdecision. Pursuant to 12 O.S.2011 66,theState is entitled to an automatic stayof her ruling. Thus, it ismyopinionthatthe areasforallowableinquiry are still quite narrow. Withthis understanding, the followingis aresponsetoyour various questions. Each paragraph number below corresponds with your questionnumbers:

1. The Oklahoma Department of Corrections ("ODOC") will utilize a three (3) drugmethod using midazolam, pancuronium bromide and potassium chloride to execute

your clients. The dosagesof the drugs for this method of execution are set forth atpage18oftheMarch21 2014protocolwhichwas previously forwarded to you. Ifforsomereason youhavelost or misplaced your copy,pleaseadvise and Iwillgladly send

youa new one.

2. Thedrugs necessaryto executeyour clientshave beenpurchased by ODOC and are

being held at a pharmacy utilized byODOCto obtain execution drugs. Absentsomeunforeseencircumstances beyond ODOC'scontrol, the Stateis currently prepared to

proceed with your clients' scheduled executions utilizing the three (3) drug method

discussedin 1.3. Because [a]ODOC intendsto appealJudgeParrish's ruling and [b] 12 O.S.2011 66

automaticallystaysherrulingpending resolutionoftheState'sappeal,ODOC declines

toidentify,at this time, the source(s)of thedrugsto be used toexecuteyour clients.

3 1 3 N . E . 2 1ST S T RE E T O K LAHOMA C O T O K 7 3 1 0 5 ( 4 0 5 ) 5 2 1 - 3 9 2 1 FAX : ( 4 0 5 ) 5 2 1 - 6 2 4 6

recycled paper


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MadelineCohen

O .Dean SanderfordA S S T . FEDE RAL PUBL IC DEFENDERS

OFFICEOFTHE FED ERA L PUBLIC DEFE NDE R

DISTRICTSOFCOLORADO AND WYO MI NG

April 1,2014P a g e |2

4. The exact quantities of the drugs to be used in your clients' executions are set forth in

theprotocol discussed in11 .5. The midazolam and pancuronium bromide obtained byODOCto execute your clients

arecompounded drugs. A qualitative analysis ofthese drugs has been ordered and

will be completed approximately fourteen (14) days from today's date. ODOC will

provide a copy of these test results to you as soon as they become available.Additionally, ODOC will disclose to you the certificate of analysis providedwith the

raw ingredients used to compound the midazolam and pancuronium bromide. Note

thatthe documents discussed in this paragraph will be appropriately redacted and/or

reproduced in order to withhold the identity of any and all individuals involved in

obtaining,distributing, supplying or otherwise handling the drugs. Also,be advised

that the potassium chloride to be used to execute your clients is manufactured, so no

specialtestingwillbe performed on this drug.

6. See ^5

7. ODOC,at this time, declines to identify any participant in the execution process, forreasonsdiscussed in 3.

8. As discussedin 2, the drugs necessary to execute your clients have been purchased byODOCand are being held at a pharmacy utilizedbyODOCto obtain execution drugs.

Asdescribed atpage19oftheMarch21 2014 executionprotocol,thesedrugswillbeacquiredfromthe pharmacistwithintwenty-four (24) hours ofthe execution. ODOC

declines toidentifyfor you thedateonwhichthe drugs intended for use inyour clients'

executions were purchased in light of the information being provided in this

correspondence.

9. The drugs used by ODOC to execute your clients will not be expired. ODOC willobtain and provide expirationdatesas soon as possible.

10.ODOC willnot identify the current location of the pharmacy holding the drugs to beusedin your clients' execution in order to protect the identityofthe pharmacist. See3 above. However, the drugs are stored in a manner consistent with proper storage

and care. ODOC obtains the drugs from a certified or licensed compounding


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letter from ok attorney general re execution drugs 4-1-14

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