Gov. Bill Lee plans to continue Tennessee’s use of lethal injection as a method of execution, despite an investigation into botched Department of Correction protocols in April. According to the report, the state has exhibited a pattern of not observing chemical testing protocols ahead of at least two executions by lethal injection.
In April, a dramatic sequence of events unfolded ahead of the planned execution of Oscar Smith with little information available to the public. A last-minute “technical oversight” led to a Lee reprieve for Smith, who was scheduled to be killed by lethal injection on April 21, 2022. On May 2, Lee paused executions through 2022 pending the results of an independent investigation.
That investigation, overseen by attorney Ed Stanton III and released to the public today, confirms that the state did not properly test lethal injection drugs ahead of the scheduled execution of Smith. The drugs used in the 2018 execution of Billy Ray Irick were not tested according to protocol, either — revealing a pattern of negligence that might invite further lawsuits as Tennessee attempts to continue practicing lethal injection.
A press release from Lee outlines four "proactive steps to ensure TDOC adheres to established protocol" — including plans to appoint a new TDOC commissioner in January, along with new hiring across the department’s “leadership level.” New leadership will be responsible for overseeing and revising the state’s execution protocols.
Executions paused pending the investigation will be rescheduled by the Tennessee Supreme Court. Tennessee is one of a few U.S. states that continues to execute death row inmates.
