Secret Prison Fridge Contains Expired Lethal Injection Drugs Hidden in Jars

In Florence, Arizona, a locked refrigerator at the Department of Corrections holds eight unmarked glass containers, reportedly containing pentobarbital salt, a drug used for executions. The agency asserts that this amount could potentially execute every Death Row inmate in the U.S., raising ethical and legal questions.

The origins of the drug trace back to former Governor Doug Ducey’s administration, which purchased it in October 2020. The drug had been utilized in three executions in 2022, yet the timeline for how long it has remained in storage is murky. State law prevents officials from commenting on execution sources, including the potential expiration date of the drug.

Concerns regarding the viability of pentobarbital have arisen. David Duncan, a retired federal magistrate who was appointed by current Governor Katie Hobbs to review the execution protocols, echoed skepticism about using an unmarked container for such a powerful substance. His termination before completing a report on the state’s execution methods adds another layer of controversy to the situation.

Duncan learned from department personnel that the drug could last indefinitely. However, Kelley Henry, a federal defender, stated that the manufacturer informed her that pentobarbital has a shelf life of 2.5 years, necessitating refrigeration. This discrepancy raises doubts about whether the drug, procured in late 2020, remains effective.

Following a decree from U.S. Attorney General Merrick Garland that ceased federal use of pentobarbital due to concerns about its humane application, doubts grow about Arizona’s future executions utilizing the substance. A Virginia law professor sought to address this in a brief to the Arizona Supreme Court.

Duncan’s investigation revealed alarming inefficiencies in the Arizona execution process. He found that staff had consulted Wikipedia for dosage guidelines, and on occasion, the manufacturer delivered drugs in unmarked containers to private residences. This lack of transparency in sourcing raises serious accountability issues.

Moreover, Duncan’s attempts to observe execution rehearsals were rebuffed, with officials citing confidentiality concerns. He noted that while operational aspects such as crowd control and media seating were practiced, the crucial execution process itself was not rehearsed adequately.

Internal politics also complicated Duncan’s review. The Arizona Attorney General’s Office and the Maricopa County Attorney’s Office clashed over execution authority, further complicating the state’s execution protocols. Amidst a politically charged atmosphere, Governor Hobbs replaced Duncan’s independent investigation with an in-house review that concluded all issues had been resolved.

While states have faced obstacles sourcing pentobarbital due to its controversial status, Absolute Standards emerged as a key supplier. However, the company ceased production for lethal injections in late 2020, sending state officials scrambling for alternatives. The substantial price tag, approximately $1.5 million for a year’s production, amplifies the urgency to secure reliable and humane execution methods.

The current administration in Arizona has yet to respond to inquiries about the resumption of executions or the status of the existing supply of pentobarbital, leaving many unanswered questions in the wake of escalating concerns surrounding the state’s death penalty practices.