Oct 08, 2024
INDIANAPOLIS — The State of Indiana has acquired the drug it needs to resume executions. In June, Indiana Governor Eric Holcomb and Attorney General Todd Rokita announced that the state had obtained pentobarbital — a drug commonly used when capital punishment is carried out via lethal injection. After the state announced its acquisition of the drug, FOX59 and CBS4 submitted a records request in an attempt to gain the following information from the state: All storage inventory logs for pentobarbital All DEA Form-222s related to pentobarbital in any form All purchase orders, invoices and receipts related to the purchase or acquisition of pentobarbital in any form While FOX59 and CBS4's request was granted, information was redacted from the documents — including the cost of the drug, the party the state bought it from and the amount of it that was purchased. When the Indiana Department of Correction replied to the records request FOX59 and CBS4 had submitted, it indicated Indiana Code 35-38-6-1(f) and Indiana Code 35-38-6-6(e) required the DOC to redact certain information. Indiana Code 35-38-6-1(f) requires the government to keep the identities of the parties it acquires lethal injection drugs from confidential. Under the rule, the state must also withhold information that could enable others to determine the identities of parties providing Indiana with drugs needed for lethal injections. Indiana Code 35-38-6-6(e) provides similar protections to persons who assist the state prison's warden in carrying out executions. The law dictates the state must classify or withhold any information or any part of a document that could reveal the identity of a party that assisted Indiana with an execution. Since the state announced its acquisition of the drug, Rokita has filed motions to execute two death-row inmates — Joseph Corcoran and Benjamin Ritchie. Corcoran was convicted of killing four people in Fort Wayne in 1997, and Ritchie was convicted of killing a Beech Grove police officer in the early 2000s. Indiana has not executed a state prisoner since 2009, when Matthew Eric Wrinkles was killed via lethal injection. Wrinkles was convicted of killing three people in 1994. In its history, Indiana has executed 94 of prisoners. The first to be executed was Harry Jones, who was hanged in 1897. In 1914, the Hoosier State changed its method of carrying out capital punishment from hanging to electrocution. Until 1994, Indiana used electrocution to complete its executions. Indiana began using lethal injection for capital punishment in 1996, when Tommie Smith was put to death. Smith was convicted of murder in Marion County in 1981. Though Indiana hasn't carried out an execution since 2009, multiple individuals have still been subjected to capital punishment in the state. According to the Federal Bureau of Prisons, at least 13 executions have happened at the federal prison in Terre Haute since 2020. The last time an execution happened at the federal prison in Terre Haute was in 2021. Dustin John Higgs was sentenced to death for three counts of first-degree premeditated murder, three counts of first-degree felony murder and three counts of kidnapping resulting in death. Indiana is one of 27 states the death penalty is legal in. One of the Hoosier State's peers — Idaho — has also acquired pentobarbital for executions. Reporting from the Idaho Statesman indicates the state's Department of Corrections paid $50,000 for 15 grams of pentobarbital. CBS2 in Idaho has also reported that the state paid $100,000 for three doses of pentobarbital. On top of the cost to acquire the drug, a fiscal impact report prepared by the non-partisan Legislative Services Agency for the Indiana General Assembly in 2015 indicated the average cost of a death penalty trial and direct appeal was $385,458 in the Hoosier State. That number is nearly 10 times as high as the cost of a case where the prosecution seeks a maximum sentence of life in prison without parole, which usually carries a price tag of about $39,414, according to IN.gov. Pentobarbital has already been used for executions in states like Texas and Oklahoma. Beyond its uses for capital punishment, pentobarbital has been known to be used for euthanizing animals, according to the American Veterinary Medical Association. Per the Cleveland Clinic, the drug is also used to treat seizures. As of this article's publication, no updates on Rokita's motions to put Corcoran and Ritchie to death had been announced. The State of Indiana has also not provided any additional information on its acquisition of pentobarbital.
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