After five years with no executions in our state, the Tennessee Supreme Court has set execution dates for four men on Tennessee’s death row.
The dates set by the court are:
Oscar Smith, May 22
Byron Black, August 5
Donald Middlebrooks, September 24
Harold Nichols, December 11
Now is the time to ask Governor Lee to stop these executions.
The new lethal injection protocol recently announced by the Tennessee Department of Correction is more secretive than the previous protocol, despite the governor’s insistence that the process be transparent. The new protocol also relies on pentobarbital, a drug that has been shown to cause unconstitutional suffering in those who are executed.
TAKE ACTION NOW and let Governor Lee know that resuming executions does not make us safer. The resources Tennessee spends on executions should instead go to support those harmed by violence and on violence prevention initiatives.
BACKGROUND: In 2022, prior to the release of the findings of an independent review of Tennessee’s problematic lethal injection protocol, Governor Bill Lee stated, “To ensure continued transparency for Tennesseans, we will publicly share the report and any additional action when our internal assessment is complete.” In a press statement about the release of the report, the governor went on to say, “I have thoroughly reviewed the findings in the independent investigator’s report and am directing several actions to ensure the Tennessee Department of Correction adheres to the proper protocol.”
On January 9, 2025, after initially refusing to release the new execution protocol to the media, the Tennessee Department of Correction released a redacted version. The new protocol is noticeably shorter than the previous one and includes only a single page on the lethal injection chemicals with no specific directions for testing of the drugs. The new protocol also removes a requirement that the drug, pentobarbital, come from a licensed pharmacist and authorizes the state to deviate from the protocol whenever the commissioner deems it necessary. The protocol is supposed to act as Tennessee’s own official set of rules governing its execution process, so by its very nature it cannot be open to deviation on a whim.
Then on January 16, the United States Department of Justice (DOJ) announced that it was withdrawing the federal government’s lethal injection protocol based on concerns that execution by pentobarbital may cause unconstitutional pain and suffering. The DOJ’s review of the use of this drug for lethal injection confirms what medical experts have said for years: pentobarbital causes excruciating pain when used to carry out executions and violates the Eighth Amendment. The use of pentobarbital in executions also creates a serious risk of trauma to the correctional staff who are charged with carrying out executions. The greater the secrecy around this protocol, the greater the risk of harm to TDOC employees.
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