The prisoner’s death was preceded by a dramatic day of back-and-forth court decisions on whether the state could continue using lethal drugs long past their original expiration dates.
, claiming the testing is done incorrectly and that old drugs have caused painful deaths that violate the U.S. Constitution’s prohibition of cruel and unusual punishment.
saying that the prison’s stock of pentobarbital “is probably illegal to possess or administer because it is more likely than not expired.” She noted that TDCJ offered no evidence to contradict prisoners’ claims that the expired drugs could cause “torture, ill treatment, or unnecessary pain” in violation of state law.
The prisoner maintained his innocence throughout his nearly 30 years on death row, arguing that almost all of the evidence against him relied on a single witness who testified in exchange for immunity from prosecution. In Fratta’s final appeals, the prisoners’ request to prohibit the use of previously expired execution drugs set off a jurisdictional dilemma between civil and criminal courts. Texas’ attorney general deemed the motion a criminal one seeking to stop an execution, which would make it ineligible for review in Austin, where the murders did not occur. But the prisoners viewed it as a civil matter regarding state laws regulating pharmaceutical drugs and controlled substances.
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