South Carolina Schedules First Execution in Over 13 Years

On September 20, 2023, South Carolina is set to carry out its first execution in over 13 years, targeting inmate Freddie Eugene Owens. This notable event marks a significant moment for a state that was once among the busiest in the United States for executions.

The slowdown in executions in South Carolina can be traced back to difficulties in sourcing lethal injection drugs. Pharmaceutical companies were hesitant to sell these drugs, fearing they might be publicly identified as suppliers for executions. In response to these challenges, the South Carolina Legislature enacted a law that permits officials to keep the identities of lethal injection drug suppliers confidential.

In July, the state Supreme Court took action to allow executions to resume, paving the way for Owens’ scheduled execution. He was convicted for murdering a store clerk, Irene Graves, during a robbery in 1997.

A significant aspect of Owens’ execution is the choice he will have regarding the method of execution. He may opt for lethal injection, the electric chair, or a newly introduced firing squad. According to the Death Penalty Information Center, the last execution by firing squad in the United States occurred in Utah in 2010.

The director of the state’s prison system has a five-day window to provide confirmation that all three execution methods are ready to be implemented. Additionally, Owens’ legal team is to be furnished with assurance that the lethal injection drug is prepared correctly and is stable, as stipulated by a recent interpretation of state law by the Supreme Court.

At 46 years of age, Owens will have approximately one week to inform the state of his preferred method of execution. If he fails to make a choice, the default method will be the electric chair.

Owens’ attorney expressed concerns regarding the lack of transparency surrounding the lethal injection drugs. The defense is currently awaiting a sworn statement from prison officials regarding the quality and stability of the lethal injection drug, which will be crucial in determining whether state and federal courts deem it acceptable.

Legal representatives emphasize the inherent issues with the secrecy surrounding drug sources, stating that it raises significant concerns about the potential for an inhumane execution process. The state Supreme Court has yet to clarify the extent of information required for disclosure but has assured expedient rulings should an inmate challenge any details that are released.

Historically, South Carolina executed inmates using a combination of three drugs; however, the new protocol will simplify this process, employing only pentobarbital, a sedative, for lethal injections. This change aligns South Carolina’s method with the federal government’s execution procedures.

Owens also has the option to seek clemency from Republican Governor Henry McMaster, who has never granted clemency in the modern era of the state’s death penalty. The last execution carried out in South Carolina occurred in May 2011, which was not an intentional hiatus but resulted from the expiration of lethal injection drug supplies and the unwillingness of companies to sell additional drugs under public scrutiny.

It took a significant amount of time and legislative effort to reestablish capital punishment, including the addition of the firing squad as a method and passing a shield law to facilitate actual executions. Since the U.S. reinstated the death penalty in 1976, South Carolina has executed 43 inmates, with the state averaging three executions annually in the early 2000s. Nine states have conducted more executions than South Carolina.

Over time, the death row population in South Carolina has diminished. The number of condemned inmates decreased from 63 in early 2011 to the current 32. This reduction has occurred due to successful appeals and natural deaths of some inmates.

In addition to Owens, at least three other inmates are nearing the end of their appeals, leading to the possibility of a busy death chamber in the coming months. The South Carolina Supreme Court’s recent ruling confirmed that the state’s shield law was valid and affirmed that both the electric chair and firing squad do not constitute cruel punishment.

In 2021, the South Carolina General Assembly authorized the implementation of the firing squad as an execution method. Proponents, including some legislators who are generally reluctant about the death penalty, support this option as potentially the most efficient and least painful means of execution.

Freddie Eugene Owens has faced the death penalty three times since his conviction for the murder of Irene Graves. His initial conviction occurred in 1999. Owens has a criminal history that includes the violent murder of his cellmate while in custody, where he infamously detailed the horrific circumstances of the crime during his trial.

As September 20 approaches, the focus intensifies on this pivotal event in South Carolina’s history of capital punishment.

Source: AP