Tennessee’s Department of Corrections is expected to unveil a new process for executing inmates by the end of the year, following a pause in executions that began in 2022 due to concerns about the testing of lethal injection drugs. Commissioner Frank Strada announced during a correction hearing that protocols are being developed in collaboration with the attorney general’s office to ensure they are legally sound. The state’s executions were put on hold after Governor Bill Lee acknowledged that the drugs used for lethal injections had not been properly tested, leading to the abrupt halt of an execution in April 2022.
An independent review conducted at Lee’s request revealed that the lethal injection drugs used for executions since 2018 in Tennessee had not been tested for endotoxins and potency, as required. The report criticized Department of Correction leaders for a tunnel-visioned and result-oriented approach to the lethal injection process, highlighting the lack of necessary guidance and consistency in the protocol. In response, Strada took over as commissioner in January 2023, and several top officials were fired, signaling a shift in leadership within the department.
Kelley Henry, chief of the federal public defender’s habeas unit representing many of Tennessee’s death row inmates, raised concerns about the state’s past misrepresentations regarding execution protocols and ongoing federal litigation challenging aspects of the current protocol. The agreed agreement between state and federal officials to hold the litigation until a new protocol is announced indicates a need for thorough review and scrutiny. Henry emphasized the importance of ensuring that any new protocol meets legal standards and addresses concerns raised in the past.
The current lethal injection protocol in Tennessee involves a three-drug series to carry out executions, including a sedative to render the inmate unconscious, a drug to paralyze the inmate, and another drug to stop the heart. The state has defended the use of midazolam, the sedative, by claiming it renders the inmate unconscious and unable to feel pain. However, the independent report from 2017 warned that midazolam may not provide sufficient analgesic effects, potentially leading to the inmate feeling pain during the administration of subsequent drugs. These findings underscore the importance of ensuring the effectiveness and safety of lethal injection procedures in compliance with legal and ethical standards.
The timeline for resuming executions in Tennessee remains uncertain, pending the finalization of new protocols and the resolution of ongoing federal litigation. The state’s commitment to transparency and adherence to legal requirements in its execution process will be closely monitored by advocacy groups and legal representatives. As the Department of Corrections works towards implementing a new protocol, the focus will be on addressing past deficiencies, ensuring accountability, and upholding the dignity and rights of inmates facing the death penalty. The developments in Tennessee’s execution procedures will continue to be a topic of scrutiny and debate within the criminal justice system and broader society.
