The protocol says that “the inmate’s counsel or other third parties acting on behalf of the inmate’s counsel” may provide the department with a sedative, pentobarbital, or an anesthetic, sodium pentothal, if they can obtain it “from a certified or licensed pharmacist, pharmacy, compound pharmacy, manufacturer, or supplier”.
Attorneys, though, said the idea is ludicrous. Megan McCracken, a lethal injection expert at the University of California Berkeley School of Law, said the clause is “unprecedented, wholly novel and frankly absurd. A prisoner or a prisoner’s lawyer simply cannot obtain these drugs legally, or legally transfer them to the department of corrections, so it’s hard to fathom what the Arizona department was thinking in including this nonsensical provision as part of its execution protocol.”
Dale Baich, an assistant federal public defender who works on death penalty cases in Arizona, said he was “at a loss” to explain the provision, which he said presents “ethical issues as well as legal issues. It’s not legal for me as a lawyer to go out and procure drugs for a client. So legally it’s impossible and ethically as well, my job is to make sure that my client’s rights are protected and not to work with the state to ensure that it carries out the execution … If the state wants to have the death penalty it has the duty to figure out how to do it constitutionally, it can’t pass that obligation on to the prisoner or to anyone else.”
February 15, 2017
Now, this is a new kind of crazy.