Prison Fridge’s Hidden Jars Contain Potentially Expired Lethal Injection Drugs in AZ

In an Arizona Department of Corrections Rehabilitation & Reentry facility, there are eight unmarked glass containers resembling Mason jars, which officials claim contain pentobarbital salt. This substance is critical in the execution protocol for Death Row prisoners in Arizona.

According to a legal declaration from a federal public defender, the quantity stored could potentially execute every Death Row inmate in the United States. However, questions loom about how long it has been stored, as details regarding execution sources are cloaked in secrecy by state law. The drug’s expiration status is currently unknown.

The drug was not procured by the current administration; it was bought under former Governor Doug Ducey’s oversight and was utilized in three executions during 2022. Now, it remains in a refrigerator, awaiting decisions related to an upcoming execution being deliberated in the Arizona Supreme Court.

Aaron Gunches, convicted of murder in 2002, has requested to proceed with his execution. Governor Katie Hobbs is in discussions regarding his request, but a series of concerns surrounding the execution process persist.

David Duncan, a retired federal magistrate judge hired to investigate lethal injection protocols, expressed disbelief over the use of an unmarked substance for such a serious matter. He highlighted significant flaws in the state’s lethal injection practices, citing that lethal injection, while theoretically humane, often results in disastrous outcomes. His findings indicated that personnel were so unprepared at times they referenced Wikipedia to establish lethal doses.

Despite Duncan’s assertions that pentobarbital may last indefinitely, a federal defender reported that the drug is unstable, necessitating refrigeration and possessing a limited shelf life of 2.5 years. This raises further questions regarding the viability of the drug stored in Arizona since its purchase date in 2020.

Recent federal actions have compounded the scrutiny surrounding the use of pentobarbital. U.S. Attorney General Merrick Garland recently withdrew federal execution protocols using this drug due to its association with painful executions, akin to waterboarding or drowning.

Duncan’s investigation highlighted the problematic history of Arizona’s execution practices. Past issues included not only sourcing the drugs illegally but also profoundly flawed execution methods. A notorious instance in 2014 involved an excruciating execution that lasted nearly two hours and required multiple injections.

The current administration’s hesitance to resume executions is intertwined with political ramifications. After Duncan’s contract was terminated, an internal review claimed that all issues were resolved and executions could resume, igniting further skepticism regarding transparency.

Amid these controversies, inquiries into the sourcing of execution drugs have revealed complications. Inquiries directly to Absolute Standards, the only domestic source for pentobarbital, shed light on the high costs and lengthy production timelines. Furthermore, recent reports state the company has since ceased production for executions.

Hobbs’ office did not respond to several inquiries regarding the investigation, but eventually reiterated a commitment to stringent protocols concerning lethal injection drugs. As this complex scenario evolves, the future of Arizona’s execution practices remains uncertain, especially with the potential implications of national policy changes.

***UPDATE: This story has been updated with a comment from the Governor’s Office.