MuskogeePhoenix.com, Muskogee, OK

Oklahoma News

February 13, 2014

Tulsa company blocked from selling execution drug to Mo.

OKLAHOMA CITY — A federal judge agreed late Wednesday to temporarily block an Oklahoma pharmacy from providing an execution drug to the Missouri Department of Corrections for use in an upcoming lethal injection.

The temporary restraining order was issued after a federal lawsuit was filed in Tulsa by Missouri death row inmate Michael Taylor. His attorneys said the department contracts with The Apothecary Shoppe in Tulsa to provide compounded pentobarbital, the drug set to be used in Taylor’s execution on Feb. 26.

The lawsuit argued that several recent executions involving the drug indicate it would likely cause Taylor “severe, unnecessary, lingering and ultimately inhumane pain.”

In his order Wednesday, U.S. District Judge Terence Kern wrote that Taylor’s attorneys submitted “facts demonstrating that immediate and irreparable injury, loss, or damage will result to plaintiff before defendant can be heard in opposition.”

The judge set a hearing for Tuesday and ordered the pharmacy to submit a response to the injunction by Friday. He said the order would remain in effect at least until the hearing.

But it wasn’t immediately clear if the execution would be delayed because of the ruling. The state has not revealed the name of the compounding pharmacy supplying the drug, and The Apothecary Shoppe previously declined to confirm or deny that it was the source of a drug used in an earlier Missouri execution.

A pharmacy spokeswoman did not return telephone calls seeking comment late Wednesday. Phone and email messages were also left with the Missouri Department of Corrections and the Missouri Attorney General’s Office.

Taylor, 47, pleaded guilty in the 1989 abduction, rape and stabbing death of a 15-year-old Kansas City girl.

One of Taylor’s attorneys, Matthew Hellman of the Washington, D.C., law firm Jenner & Block, said the lawsuit focuses attention on the drug used in Missouri’s lethal injections and the laws regarding compounding.

“We’re gratified the court entered the order,” Hellman said after the Wednesday order. “This lawsuit is about an unacceptable option in carrying out the death penalty and this is why we’re seeking to stop The Apothecary Shoppe from providing this unlawful drug.”

Missouri corrections officials turned to The Apothecary Shoppe to supply compounded pentobarbital after manufacturers of the drug refused to provide it for lethal injections, according to the lawsuit.

1
Text Only
Oklahoma News
AP Video
Official: Air Algerie Flight 'probably Crashed' TSA Administrator on Politics and Flight Bans Raw: National Guard Helps Battle WA Wildfires Raw: Ukraine's Donetsk Residents Flee Senators Push to End Hamas Threat in Cease-Fire A Young Victim's Premonition, Hug Before MH17 U.N. School in Gaza Hit by Israeli Strike Raw: Deadly Storm Hits Virginia Campground Officials Warn of Avoidable Death in Hot Cars Death Penalty Expert: 'This is a Turning Point' House Committee at Odds Over Obama Lawsuit Raw: MH17 Victim's Bodies Arrive in Netherlands Raw: UN School Used As Shelter Hit by Tank Shell Raw: Gunmen Attack Iraqi Prison Convoy Plane Leaves Ukraine With More Crash Victims The Rock Brings Star Power to Premiere Raw: Families Travel to Taiwan Plane Crash Site Arizona Execution Takes Almost Two Hours Crash Kills Teen Pilot Seeking World Record
Poll

Should a federal judge have the power to strike down Oklahoma's ban on gay marriage?

Yes
No
     View Results
Featured Ads
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
Stocks