Florida death row prisoner alleges that outdated medications were used in four recent executions: lawsuit

Controversial Lawsuit Filed by Florida Death Row Inmate

A 58-year-old death row inmate in Florida is making some serious allegations against prison officials, claiming they used expired drugs and shorted doses during the state’s last four executions. This has all come to light just a week before his own scheduled lethal injection.

Frank Asen Walls, whose execution is set for December 18, is actively challenging his sentence. He’s filed a last-minute appeal with a Florida judge, not to mention this explosive lawsuit against state correctional officials.

According to details from the lawsuit, Walls’ attorneys argue that corrections officers were negligent, indicating they knowingly used expired drugs or administered less than what is legally required during the recent executions of four individuals. The state Department of Corrections has stated that Florida’s lethal injections typically involve sedatives, paralytics, and drugs that cause cardiac arrest.

In recent years, there has been a significant shortage of the drugs commonly used for lethal injections. This shortage is a result of manufacturers, including Pfizer, halting supplies for correctional facilities. Many states, including Florida, have had to adapt by finding new methods or reformulating drug combinations. In fact, Florida shifted to using a mix that includes etomidate, rocuronium bromide, and potassium acetate since 2017. However, Johnson & Johnson, the original maker of etomidate, has expressed that they don’t support its use for unapproved medical reasons, although it’s still employed in Florida’s executions.

What’s more, etomidate is currently in short supply due to increased demand and issues in manufacturing. Rocuronium bromide, previously used frequently in ICUs, also faced shortages during the COVID-19 pandemic.

The lawsuit highlights a troubling lack of proper records from the Department of Corrections intended to track how much of each drug was available. It claims that an expired batch of etomidate was used on the same days as several executions in August and September this year.

There are also alleged discrepancies concerning the removal of lethal drugs, creating additional risk during executions. For instance, the suit mentions the improper use of lidocaine—a paralyzing agent not permitted under the state’s execution protocols—during the executions of Edward James and Michael Tanzi.

The legal team representing Walls argues that conducting an execution under these circumstances would be unconstitutional. They pointed out the documented failures within the prison system, suggesting that Walls could face a horrifying execution.

In response, Florida Assistant Attorney General Jason Rodriguez has criticized Walls’ claims, framing them as an 11th-hour effort to evade what he calls a “deserved execution.” He noted that Walls had been in poor health for years but only decided to file a lawsuit right before his execution date.

Walls has been diagnosed with several significant health issues recently, including heart disease, largely attributed to his severe obesity.

A U.S. district judge has already denied Walls’ request for a stay on the death penalty, and his lawyer is in the process of appealing that ruling. Their initial appeal was based on the argument that Walls is “intellectually disabled.”

For context, Walls was convicted for the 1987 murders of Edward Alger and Ann Peterson, committing a brutal home invasion where he slit Alger’s throat before shooting both victims.