Tennessee Introduces New Execution Method 2.5 Years After Last Scheduled Execution Was Unexpectedly Stopped

NASHVILLE, Tenn.—More than two years after Tennessee suddenly paused the execution of inmate Oscar Smith—acknowledging that correction officials were failing to adhere to their established execution protocols—the state has revealed a new method that may enable it to restart executions that have been on hold since May 2022. However, this will not occur immediately.

The Tennessee Department of Correction issued a brief statement on Friday, announcing it had “finalized its revision of the lethal injection protocol, which will use the single drug pentobarbital.” The Department has not yet made the new protocol publicly available or provided additional information.

Smith’s last-minute stay of execution followed a request from Kelley Henry, head of the federal public defender’s habeas unit representing many of Tennessee’s death row inmates, for the results of mandatory purity and potency tests for the lethal injection drugs intended for his execution. Documents obtained through a public records request later revealed that at least two individuals were aware that the lethal injection drugs slated for use had not undergone the required testing. An independent review subsequently found that the state has not adhered to its own lethal injection procedures since revisions were made in 2018.

Commissioner Frank Strada assumed leadership of the Correction Department in January 2023, coinciding with the termination of its chief attorney and inspector general.

In announcing the new protocol on Friday, Strada expressed confidence that the lethal injection process could proceed in accordance with departmental policy and state laws.

Henry pointed out that death row inmates are currently involved in a federal lawsuit challenging Tennessee’s former lethal injection protocol, which employed a series of three different drugs. They have placed the case on hold while awaiting the state’s review and revision of the procedure. Their agreement with the state allows them 90 days to examine the new protocol and determine whether to modify their complaint to contest it.

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Henry emphasized that no new execution dates should be scheduled while their legal proceedings are still active. Additionally, she mentioned that the U.S. Department of Justice is currently assessing the application of pentobarbital in its execution protocols.