NASHVILLE, Tenn. (AP) – At least two people connected to a Tennessee execution that was abruptly put on hold last month knew the night before that the lethal injection drugs the state planned to use hadn’t undergone some required testing, newly released records show.
Citing an “oversight,” Gov. Bill Lee had called off the execution of 72-year-old Oscar Smith barely an hour before the planned lethal injection April 21 for Smith’s conviction in the 1989 killings of his estranged wife and her two teenage sons. The governor’s office later disclosed that the drugs had not been tested for endotoxins.
The Republican governor’s administration declined to release much information, saying the issue was “technical.” Instead, Lee recently appointed a former U.S. attorney to lead an independent investigation and also paused four other executions scheduled this year.
On April 21, there were no signs the lethal injection would not take place until about an hour beforehand, when the governor’s office issued a news release calling it off. Just before learning of his reprieve, Smith had received communion from his spiritual adviser, who was going to be allowed in the execution chamber. He had eaten a last meal, and media witnesses and relatives of the families were gathered and waiting. The U.S. Supreme Court had also denied a last-hour bid by Smith’s attorneys for a stay.
On Friday, the Department of Correction released 20 pages of heavily redacted emails and text messages to The Associated Press through a public records request.