After state officials announced last week that Indiana will resume executions for the first time in over a decade, secrecy largely shrouds the new drug, pentobarbital, acquired for the impending lethal injections.
The one-drug method is a departure from the state’s protocol used since 1995, involving a series of three chemicals.
Although no state-level executions in Indiana have used pentobarbital before, 13 federal executions carried out at the Federal Correctional Complex in Terre Haute have been carried out with the drug. Fourteen states have used pentobarbital in executions, too.
But state and federal officials alike have remained closed-lipped about where pentobarbital is sourced from and how much it costs. Also still unknown is the amount Indiana has acquired and when the current doses expire.
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Robin Maher, executive director of the Death Penalty Information Center (DPIC), a nonprofit based in Washington, D.C. that tracks state and federal executions, said it’s also critical for the public to know who will be administering the drug — and how — as well as what training those individuals will receive.
“These are the hard questions that have to be asked,” Maher told the Indiana Capital Chronicle. “This is an official government function, and in a democracy, we value honesty and transparency in our government officials and the acts they do on our behalf. This is absolutely one of those official acts, and voters in Indiana deserve to know what their government is doing in their name.”
What is pentobarbital?
The Hoosier state has carried out 20 executions since 1981. The first three — in 1981, 1985 and 1994 — were by electrocution. The rest have been by lethal injection — which is now the only method permitted by state law.
The Indiana Code doesn’t specify what drugs are to be used for executions, saying only that the drugs must be injected intravenously in a quantity and for an amount of time sufficient to kill the inmate.
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Previously, when a prisoner was executed by lethal injection in Indiana, they were strapped to a gurney, and an IV line was inserted to inject a lethal combination of three substances: a barbiturate to render the person unconscious; pancuronium bromide to paralyze voluntary and reflex muscles; and potassium chloride to stop the heart.
But after Indiana’s last execution in 2009, the state was effectively forced to pause. Increased scrutiny of lethal injection drugs led pharmaceutical companies to refuse to sell their products for use in executions. Indiana Gov. Eric Holcomb said that made acquiring the necessary drugs “harder to get.”
It wasn’t until last week that the governor, along with Indiana Attorney General Todd Rokita, announced that the state’s Department of Correction has obtained the pentobarbital to carry out the death penalty.
The state is so far seeking an execution date for Joseph Corcoran, a man convicted in the killings of four people in Fort Wayne in 1997. There are currently eight men on Indiana’s death row, including Corcoran. No one has been added to the state’s death row since 2014.
In the one-drug executions, a prisoner is injected with an overdose of pentobarbital. The new drug, which Maher described as a sedative, has commonly been used to euthanize pets.
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Joseph Corcoran killed four people in 1997 and was sentenced to death. (Mugshot)
“It’s a barbiturate that explodes the activity of the brain and the nervous system and breathing,” she said. “When you’re given an overdose of that, it will ultimately suppress breath and kill you.”
Pentobarbital was first introduced in 2010, according to the DPIC.
So far, 14 states have used the drug in executions: Alabama, Arizona, Delaware, Florida, Georgia, Idaho, Mississippi, Missouri, Ohio, Oklahoma, South Carolina, South Dakota, Texas and Virginia. Five additional states — Kentucky, Louisiana, Montana, North Carolina and Tennessee — additionally plan to use pentobarbital. Colorado includes pentobarbital as a backup drug in its lethal-injection procedure.
The same drug was also used for the 13 federal executions during the last six months of Donald Trump’s presidency.
In 2019, former U.S. Attorney General Bill Barr approved the use of pentobarbital in executions, though President Joe Biden’s Justice Department announced a moratorium on federal executions in 2021.
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A first-time method in Indiana
Whether Indiana uses pentobarbital or other drugs for executions, Maher said there are still concerns about what could go wrong.
She noted that lethal injections have the highest rate of botched executions, which occur when there is a breakdown in — or departure from — the “protocol” for a particular method of execution.
The DPIC describes at least two botched executions that have occurred in Indiana.
In October 1985, it took 17 minutes to execute William Vandiver. Still breathing after the first application of 2,300 volts, four more bursts of electricity were fired into him before he was pronounced dead, according to media reports from that time. The Indiana Department of Corrections admitted the execution “did not go according to plan.”
Tommie Smith, who died by lethal Injection in July 1996, also had a prolonged execution, according to the DPIC. Because of unusually small veins, it took more than an hour after the execution team began sticking needles into his body for Smith to be pronounced dead. After multiple attempts, the lethal drugs were finally injected into Smith 49 minutes after the process began. It took another 20 minutes before he was pronounced dead.
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Holcomb defends Indiana’s move to carry out execution, saying ‘justice will be served’
Maher said many of the documented botched executions in recent years have occurred because the drugs being used had expired, were contaminated, or they were administered “incorrectly.”
“There are a number of ways that the executions can go wrong, and it doesn’t only have to do with the kind of drug that is used,” she said, noting, for example, that if pentobarbital isn’t stored at a proper temperature, the drug can expire and should not be used.
When asked where DOC acquired the drug — pentobarbital, which can be used to carry out executions – and how much the state paid, Holcomb said he “can’t go into those details, by law.”
Lawmakers made information about the source of the drugs confidential on the last day of the 2017 legislative session.
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Indiana Capital Chronicle has filed an official records request seeking the cost of the drugs.
“States have been hiding this information behind secrecy statutes in an effort to avoid answering difficult questions about their execution protocols. These are elected officials. They are using government funding, and they are saying they are conducting an official function,” Maher said. “And all of that means they should be honest and transparent about what they’re doing and why. The fact that they have shrouded everything in secrecy in an attempt to avoid answering these questions is not something that we should simply be accepting.”
Recent reporting by The Intercept and Last Week Tonight with John Oliver identified Connecticut-based Absolute Standards as the source of the pentobarbital used in 13 federal executions in 2020 and 2021. Reporting did not confirm if the company also supplied to specific states, including Indiana.
Absolute Standards produces materials for calibrating research equipment, but in 2018, it applied to the Drug Enforcement Administration to be registered as a bulk producer of pentobarbital. The company has since indicated this week that it will no longer produce the drug.
Maher further pointed to Idaho, which reportedly spent $100,000 earlier this year to purchase three doses of pentobarbital, the drug used in lethal injections. It’s not clear if that’s the same quantity purchased or price paid by Indiana, however.
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“What officials have said … is that they do not want to have people who are involved in the execution process — for manufacturers of a drug — to be harassed by advocates. But there are almost no real life examples of that happening unless we characterize criticism as harassment, which I don’t think we should in a democracy,” Maher said. “People who are critical of decisions the state is making, in terms of where they are finding their drugs and how they are choosing to administer them, that’s part of being a public official. Responding to those questions from your constituents — that’s part of being a public official. That comes with the territory, and there is no justifiable reason for them to avoid answering those questions.”
The Indiana Public Defender’s Office, which is providing Corcoran with legal counsel, did not reply to the Capital Chonicle’s requests for comment about pentobarbital or the impending execution.
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Larry Komp, a federal defender for Corcoran, said the legal team is still seeking clarity on the state’s lethal injection protocol.
Groups are starting to come out against Indiana’s move, including the Libertarian Party of Indiana.
“A government whose primary function is to protect life should not be in the business of ending it, especially given the United States Constitution protects the accused from cruel and unusual punishment. There is no more cruel punishment than putting someone to death,” the party said in a statement. “The state, simply put, should not be killing its citizens. The Libertarian Party of Indiana calls upon Governor Holcomb and the State of Indiana to halt all planned executions and, furthermore, upon the General Assembly to ban the use of the death penalty in Indiana.”
INDIANAPOLIS — 2023 lottery pick Jarace Walker is a different player than he was one year ago. The 20-year old forward is getting ready for summer league with the Indiana Pacers, and despite his young age, he’s taking on a leadership role with the squad.
“It’s definitely more of a leadership role with this group. Because I’ve been there, I did it, and the other guys have as well,” Walker shared over the weekend. He made sure to tell some of the younger players that mistakes happen and it’s important to move on when they do. “So just knowing that, but also knowing what to say, when to say it, who I’m talking to, and all that. So it’s definitely been a step up in terms of leadership.”
For Walker, improving how he uses his voice is just a small part of the growth he hopes to have this season. In year one, there weren’t a ton of playing opportunities for the young forward. Indiana had a deep roster, so it was tough to hand minutes to a young, unproven player.
In year two, if Walker shows off growth in a few areas, that could change. The Pacers still have a deep roster from top to bottom, but Walker is farther up the depth chart. One injury is all it will take for him to play, but he has to be ready when given chances. That’s why it’s important that he takes a step forward this offseason.
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“I feel like just the knowledge that I have, having a year under my belt,” Walker said of the differences he notices from his first summer league to now. “Just learning the concepts, learning the play calls already.”
Walker averaged 3.6 points and 1.9 assists per game as a rookie, though some short garbage time appearances impacted his numbers. In the G League, he averaged 21.9 points, 5.7 rebounds, and 3.9 assists per game. Importantly, he showed off an accurate three-point shot at that level.
This year, the Houston product wants to be better in every way. If he’s going to get on the court and be the game-changing defender his potential suggests he can be, he’ll need to take a few steps forward. Walker acknowledged that on Saturday.
“I just want to continue to grow and develop my game. And I feel like this is the perfect opportunity to do it,” he said after a summer league practice. “Being able to showcase what I can do with players who are hungry, coming into the league, ready to hoops, ready to get after it. So it’s definitely a fun experience. My mindset is just continue to grow, develop, get better.”
Walker pointed at his ball handling as something that has improved. During his exit meeting with Pacers coaches and the front office, he was asked to get better at defense and rebounding, two things Indiana desperately needs on the roster. “Do little things better too,” the young forward recalled of that meeting.
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“It was just a lot of learning. A lot of picking up concepts, learning things about the league. Language, terminology,” Walker said of his first NBA season. “I feel like it was a good preparatory year for my second year coming up.”
Year two is important for almost every young player, which is something that Pacers summer league head coach Jannero Pargo noted on Saturday. “It’s a big growth period from year one to year two,” he said. Pargo added that Walker’s communication has been much better this season and that he’s more knowledgeable across the board.
“Now, he understands defense. He understands offense. He understands concepts,” Pargo said. “He’s not just yelling and talking, he’s talking with a purpose. And he’s helping his teammates.”
While the summer league sideline leader did note that the modern NBA is effectively positionless, he said that Walker is starting at the three position with the summer league squad. That is a possibility because of Walker’s improved shooting — his foot speed allows him to stay in front of almost any matchup, but he will be on the perimeter more offensively as a wing.
There have been hints that Walker would play on the wing more going forward. The front office has shared opinions on how he could fit in the role, and Walker even slotted to the spot during his rookie season at times. While he is a natural four man who has the bulk to slide up to the five, Indiana wants to see him at even more positions.
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At small forward, Walker thinks he’ll be able to run the floor well and cause chaos, in a good way, on offense. The Pacers describe their offense as random, so that is a productive role in the blue and gold’s system. When going into more detail about what that will look like, Walker mentioned several different types of screens and cuts.
He’s ready to be a small forward in summer league. And if it works well, it could lead to more opportunities during the regular season with the Pacers. “I feel like continuing to crash. Always be a presence on the boards. And also staying in front of smaller guards,” Walked said of the keys to playing the three spot. He knows that moving his feet on defense will be critical, and he’s been getting better at that.
It’s an important season for Jarace Walker. The Pacers would love to see him get better and be a rotation mainstay, and Walker certainly wants that too. Long term, his player type is an important missing piece on the blue and gold. If Walker is going to have a successful second season, it’s all going to start at summer league.
The week begins on a tranquil note tonight, with mostly clear skies as temperatures settle into the mid-60s. A gentle west-northwest wind will gradually become calm, setting the stage for ideal radiational cooling, perfect for a peaceful night’s sleep.
TOMORROW
A sunny start to the week with highs surging to a warm 90 degrees under the influence of a light southerly breeze in the afternoon. The day promises ample sunshine with a calm atmosphere, inviting everyone to enjoy the outdoors before the weather shifts.
TOMORROW NIGHT
The scene shifts slightly as clouds gather, hinting at a 20% chance of showers and thunderstorms after 2 AM. The night air will hold at a comfortable 72 degrees, with south-southwest winds easing as the evening progresses.
TUESDAY
Clouds continue to build through the day, with a 50% chance of showers and thunderstorms mainly after 2 PM. Despite the cloud cover, temperatures will peak at a pleasant 83 degrees, with winds shifting from calm to a gentle northerly breeze in the afternoon.
TUESDAY NIGHT
Evening brings a 30% chance of lingering showers and possibly a thunderstorm, with mostly cloudy skies and temperatures dipping to a cooler 69 degrees. Light northeast winds will settle down, wrapping up the day with a calm finish.
WEDNESDAY
Midweek marks a significant shift as the remnants of Beryl approach, bringing a 50% chance of showers and thunderstorms, particularly before 2 PM. It’s a cooler day with a high near 77, and winds will be more noticeable, shifting from east to northwest at 10 to 15 mph, potentially gusting as high as 20 mph.
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WEDNESDAY NIGHT
The chance of showers continues into the night, though lessening to 30% before 8 PM under partly cloudy skies. Temperatures will cool to about 65 degrees, with winds tapering off from the west-northwest at 8 to 11 mph.
8 DAY OUTLOOK
Over the next week, expect the remnants of Beryl to bring heavy rainfall and potential flooding on Wednesday. As the week progresses, conditions will improve with a gradual return to typical summer warmth. By the weekend, temperatures will climb into the upper 80s with mostly sunny skies prevailing. Early next week will be warm with highs near 90 and a slight chance of showers on Monday.
Indiana Secretary of State Diego Morales is telling over 120 federal agencies to stop providing voter registration services in the state.
Morales sent a letter in response to an executive order from President Biden in 2021 that mandates federal agencies to look into ways to encourage people to vote.
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Biden’s order said options need to be “consistent with applicable law.”
Morales says states know best how to run elections and adds “we don’t need federal government overreach to run safe, secure elections.”
