Inmate on Death Row Claims South Carolina Lacked Info on Execution Drug

COLUMBIA, S.C. — Attorneys representing an inmate in South Carolina, who is set to face execution this month, have raised concerns regarding the lack of detailed information about the lethal injection drug that will be used. Inmate Freddie Owens’ lawyers argue that without more comprehensive data, it is impossible for him to make an informed decision about how he wishes to proceed with his execution.

The attorneys have requested access to the complete testing report from state scientists on the sedative pentobarbital. Currently, the state has only provided a summary asserting that the drug is stable and pure, as well as potentially lethal based on methodologies used in other jurisdictions.

State attorneys, however, contend that a shield law enacted in 2023 prevents them from disclosing detailed information about the drug. The law aims to protect the identity of the compounding pharmacy responsible for preparing the drug, citing privacy concerns.

Since 2011, South Carolina has not carried out any executions. The state has faced difficulties in sourcing necessary lethal injection drugs because companies are reluctant to participate due to fears of public exposure.

Your direction on how much information should be shared with death row inmates has emerged as one of various legal questions that the South Carolina Supreme Court must address as Owens’ execution date approaches. He is scheduled to be executed on September 20 for the 1997 murder of a convenience store clerk during a robbery in Greenville.

Last week, Owens’ defense team requested a delay, claiming new evidence suggests that his co-defendant provided false testimony regarding any plea agreement and the potential for the death penalty in exchange for his testimony against Owens. Steven Golden, the co-defendant, received a reduced sentence of 28 years, with no substantial evidence presented about who fired the deadly shot, aside from Golden’s claims that Owens killed the clerk during a struggle to access the store’s safe.

The defense team is also seeking additional time to present arguments for a new trial, highlighting new evidence, including a juror’s statement that indicated they could see the stun belt Owens was required to wear to ensure good behavior throughout the trial.

In a ruling issued on Tuesday, the South Carolina Supreme Court determined that Owens has the right to permit his lawyers to choose the method of execution on his behalf. Owens indicated that signing the form to select a method would feel akin to committing suicide and would conflict with his Muslim beliefs, as it would imply taking an active role in his own demise.

Owens, aged 46, has a deadline of Friday to inform prison officials of his choice regarding execution by lethal injection, electrocution, or the newly introduced firing squad. Should he fail to make a selection, he will default to the electric chair.

His lawyers emphasize that determining an appropriate method of execution is not feasible without further information about the lethal injection protocol. The current protocol employs a single drug regimen that the state has adopted.

Attorney Gerald King Jr. is adamant that they should be granted access to the full report from the State Law Enforcement Division laboratory where the pentobarbital was tested, asserting that redacting the technicians’ names would satisfy the shield law’s provisions.

Included with their legal documentation was a sworn statement from a professor of pharmacy at the University of South Carolina. The statement criticized the limited disclosure from prison officials, stating it lacks sufficient detail for making an informed choice about the drug’s purity, stability, and effectiveness for execution.

Dr. Michaela Almgren noted that the affidavit does not clarify the test methods implemented, the procedures followed, or the specific results obtained from those tests. The report further indicated that Owens was not given information regarding the date the drugs were evaluated or the “beyond use date,” after which the compounded drug may become ineffective. Almgren warned that an unstable drug could lead to severe pain, potential damage to blood vessels, or might not be lethal enough, thereby prolonging the execution.

The state also did not provide any details regarding how the drugs would be properly stored, given their sensitivity to varying conditions such as temperature, light, and moisture.