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Oklahoma pharmacy won't sell drug for Missouri execution

Execution Drug-Lawsuit

OKLAHOMA CITY (AP) -- An Oklahoma pharmacy has agreed not to provide Missouri with a made-to-order drug for an inmate's execution scheduled for later this month, according to court documents filed Monday.

According to the documents, The Apothecary Shoppe, of Tulsa, will not prepare or provide pentobarbital or any other drug for use in Michael Taylor's execution. The documents ask a judge to dismiss the case that Taylor's lawyers had filed against the pharmacy seeking to stop it from providing the execution drug.

Taylor's attorney, Matt Hellman, said that as part of the deal, the pharmacy acknowledged it has not already provided any such drug to the Missouri Department of Corrections for the execution, which is scheduled for Feb. 26.

The Missouri Department of Corrections and the attorney general's office did not immediately return calls Monday night seeking comment about the agreement or the status of Taylor's execution.

Missouri Gov. Jay Nixon indicated last week that the state has drugs to carry out Taylor's execution. Nixon, speaking at a news conference Thursday, did not directly answer "yes" or "no" when asked about availability of the execution drug but said, "In order to complete that ultimate responsibility, that's necessary. The Department of Corrections is prepared to carry out that execution."

Taylor pleaded guilty to abducting, raping and stabbing to death a 15-year-old Kansas City girl in 1989.

The Apothecary Shoppe has not acknowledged that it supplies a compounded version of pentobarbital to Missouri for use in lethal injections, as Taylor says, and says it can't because of a Missouri law requiring the identities of those on the state's execution team to be kept confidential.

In his lawsuit, Taylor alleged that Missouri turned to The Apothecary Shoppe to supply compounded pentobarbital because the only licensed manufacturer of the drug refuses to provide it for lethal injections. That company, Illinois-based Akorn Inc., agreed to that condition when it bought the exclusive rights to the drug in January 2012 from a Danish company that had produced it under the trade name Nembutal.

Taylor contends that several recent executions in which compounded pentobarbital was used showed it would likely cause him "severe, unnecessary, lingering and ultimately inhumane pain."

Within 20 seconds of receiving his lethal injection on Jan. 9 at the Oklahoma State Penitentiary, 38-year-old Michael Lee Wilson said: "I feel my whole body burning." This statement describes "a sensation consistent with receipt of contaminated pentobarbital," Taylor alleges.

The lawsuit also cites the Oct. 15, 2012, execution in South Dakota of Eric Robert. Robert, 50 cleared his throat, gasped for air and then snored after receiving the lethal injection, which included compounded pentobarbital. His skin turned a purplish hue and his heart continued to beat for 10 minutes after he stopped breathing, the lawsuit contends. It took 20 minutes for authorities to finally declare Robert dead.

"These events are consistent with receipt of a contaminated or sub-potent compounded drug," the lawsuit says.

Taylor's lawsuit questions whether the Tulsa pharmacy can legally produce and deliver compounded pentobarbital. It says the pharmacy is not registered as a drug manufacturer with the U.S. Food & Drug Administration and alleges that it violates federal law each time it delivers the drug across state lines to Missouri corrections officials.

© 2014 THE ASSOCIATED PRESS. ALL RIGHTS RESERVED. THIS MATERIAL MAY NOT BE PUBLISHED, BROADCAST, REWRITTEN OR REDISTRIBUTED. Learn more about ourPRIVACY POLICY and TERMS OF USE.

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Gracie GirL February 18 2014 at 9:08 PM

It's no wonder our Country has gone down hill. When a high percentage of Citizens want to take over the prison's job and murder an inmate on death row, just for the glory of seeing him suffer as the victim did. I think every one that would like to shoot, drown, beat, electrocute, shoot him up with anti freeze or the new designer Heroin, Hell just submit a Murder application to the State of Missouri and save the state tax payers money. I'm stunned at the amount of wanna be murderers that are amonst us and not in prison. It's no surprise we have so many murders, there are a bunch of potential applicants right here on this site. So no shortage any time soon, scary, very scary thought and I sure wouldn't want to pis* any of you off.

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Tom Gracie GirL February 18 2014 at 9:16 PM

You make an excellent point. I'm betting that plenty of individuals posting here would love to pull the trigger, push the plunger or what ever it takes to end the life of an individual and legally, of course.

During the Vietnam war it was discovered that many individuals joined up so they could act out their fantasy of killing and killing anyone. John Kerry spoke of this shortly after he returned from his second (that's right, second) tour in Vietnam. Long before Kerry testified before Congress about the atrocities Vietnam vets committed on Viet Cong, former combat veterans were talking about doing the very same thing or knew someone who killed for the sheer joy and/or excitement of the kill. Karl Marlantes in his book "What It Is Like to go to War" which some of his personal experience as a combat officer in the USMC during the Vietnam war.

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Rob February 18 2014 at 10:19 PM

Call Texas. They probably have some they can spare.

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kellikellikay February 18 2014 at 7:07 PM

How much pain did he inflict on his victims? Really? An eye for an eye as far as I'm concerned. Why should he get special treatment?

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d.carns February 18 2014 at 5:19 PM

What is wrong with our justice system if there is one anymore. This Bastard should of been executed by now. OK give them the choice of death by injection, hanging, electricution or firing squad then they make up there minds. Just get it done.

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David February 18 2014 at 5:30 PM

I think the guillotine is more sutible, the pain sensory or receptors will be cut off. Time of death is improved. And the POS can look around for a secound - hopefully viewing the photos of the ones they destroyed..

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Bill Vollmer February 18 2014 at 5:10 PM

"Taylor pleaded guilty to abducting, raping and stabbing to death a 15-year-old Kansas City girl in 1989" For 25 years the family has paid taxes that supported this guy. he has a room 3 meals a day and free medicaland now they want to claim inhumane. they should drown him in the famlies tears

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tmspitrow February 18 2014 at 5:32 PM

WHY DO YOU ALLOW ADVERTISEMENTS,IN COMMENTS?

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1 reply
Tom tmspitrow February 18 2014 at 9:02 PM

They, HuffPost and Aol. probably allow advertisements for the same reason they allow individual to type their messages with the caps lock key engaged. HuffPost and Aol. both know as does most everyone else, that typing in all caps is considered yelling and/or shouting, rude and offensive and very impolite.

Now you are among those who know about the caps lock key.

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mary jo February 18 2014 at 5:02 PM

what a sick world, frankly just let the VICTIMS family take care of this person, I am so sick of these prisoners worrying about if it is going to hurt, what a joke!

Shame on our legal system1 Also how do the attorneys who are assisgned these cases sleep at night. doesn't really matter the still have to face GOD.

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1 reply
patsbest1 mary jo February 18 2014 at 5:08 PM

lawyers money hungry once a person is convicted the lawyers should mind their own business right

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d.carns February 18 2014 at 5:23 PM

I see the jerk is still allowed to wear his gold chains and BS

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aabmhbetty February 18 2014 at 5:03 PM

I am so sick of all the complaints about the lethal injection to get rid of vermin that does not deserve to live one more minute on this earth. What this vicious animal did is beyond comprehension. He abducted, raped and stabbed a 15 year old girl to death. Was that SOB concerned about her pain or how long it took her to die at his animalistic hand? NO, he was not. Now who in the hell is concerned about his? I am not. This creep has been allowed to live on this earth another 24 years after the heinous crime he committed while the little girl he viciously killed is in her grave. Anyone who has any sympathy for this creep needs to take a look at themselves. I say bring back the rope, the guillotine or whatever need be to get rid of this crap. Do I sound like an angry person? Yes, I am. So sick of the consideration and sympathy for these vicious animals that should have been eliminated a long time ago. Enough already.

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2 replies
patsbest1 aabmhbetty February 18 2014 at 5:06 PM

right you are and get rid of these stupid lawyers

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meditrans aabmhbetty February 18 2014 at 5:22 PM

I agree!

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