The U.S. Department of Justice examined using fentanyl in lethal injections as i...
NEW YORK - The U.S. Department of Justice examined using fentanyl in lethal injections as it prepared last year to resume executing condemned prisoners, a then untested use of the powerful, addictive opioid that has helped fuel a national crisis of overdose deaths.
In the end, it decided against adopting the drug for executions. Attorney General William Barr announced in July his department instead would use pentobarbital, a barbiturate, when it resumes federal executions later this year, ending a de facto moratorium on the punishment put in place by the administration of U.S. President Barack Obama.
As old supply chains vanished, many states, and the federal government in turn, have been forced to tinker with their lethal recipes. They have experimented with different drugs, in some cases leading to grisly “botched” executions in which the condemned prisoners have visibly suffered prolonged, excruciating deaths, viewed by some as a breach of the constitutional ban on “cruel and unusual” punishments.
The Justice Department revealed the memo’s existence in an August court filing after a federal judge ordered it to produce a complete “administrative record” showing how it arrived at the new pentobarbital execution protocol announced in July. Mark Inch, who was the Bureau of Prisons’ director at the time, acknowledged in a brief telephone interview writing the memo. Inch, who abruptly resigned a couple months after writing the memo, declined to answer questions, in part because he said it would be in conflict with his current role running Florida’s Department of Corrections.
“I don’t think it’d be a surprise that the government would be looking at alternative methods of carrying out lethal injection, and fentanyl has been in the news,” Robert Dunham, the director of the Washington-based non-profit group the Death Penalty Information Center, said in an interview.
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