By Rick Green
The Oklahoman
OKLAHOMA CITY — A doctor who presides over lethal injections was the one who noticed a drug discrepancy that caused Gov. Mary Fallin to grant a stay of execution to Richard Glossip, the governor said Thursday.
One of the three drugs used to perform executions in Oklahoma is potassium chloride, which stops the heart. It was noticed in the run-up to Glossip’s execution, which was planned for 3 p.m. Wednesday, that the drug wasn’t present and that potassium acetate was there in its place.
“My understanding is that the drugs, the chemicals, were delivered late morning to the Department of Corrections,” Fallin said when she was questioned by reporters after she announced a yearly food drive.
“A doctor who does the execution comes in, put the drugs out, noticed there was a difference in the type of potassium that was there and did the right thing.
“He told the legal counsel of the Department of Corrections, who called the attorney general’s office. Then they notified my office and I made the decision not to go forward.”
The pharmacist who supplied the drugs could not obtain potassium chloride and instead provided potassium acetate as a medically equivalent drug without notifying the department of the change, the governor’s office said in a news release.
Fallin said it was too early to assign blame.
“I don’t think we should be pointing fingers right now because we’re not sure who did what, but what we do need to make sure of is that we have protocols in place and we follow those protocols and make sure we uphold the law,” she said.
Alex Weintz, the governor’s spokesman, said there was never any doubt that potassium acetate would have worked in the execution. The concern was that officials were following the letter of the execution protocol, which had been the subject of litigation and called for potassium chloride, not potassium acetate.
“There was never any question of whether this drug was effective or whether it would achieve the same outcome,” Weintz said.
Scott F. Long, professor of pharmacology and toxicology at Southwestern Oklahoma State University, said that although potassium acetate and potassium chloride are slightly different drugs, they would both stop the heart in a high dose.
He said potassium chloride is a common drug used routinely for patients with potassium deficiency, but it would not be unusual for there to be a lack of supply on occasion.
Glossip, 52, was given a 37-day stay at 4 p.m. Wednesday. He was convicted of orchestrating the 1997 murder of Oklahoma City motel owner Barry Van Treese.
Glossip was to be executed Sept. 16, but the Oklahoma Court of Criminal Appeals granted a two-week stay to consider a late legal filing from his defense team. The drugs that were assembled before that execution was called off were never removed from a sealed box, corrections officials said.
Fallin said she did not know if those drugs also contained potassium acetate.
Questions and answers from the governor’s office:
Q. When did the Oklahoma Department of Corrections realize it had potassium acetate instead of potassium chloride?
A. DOC’s execution chemicals were received on the day of the execution, Wednesday, Sept. 30, in a sealed package. DOC staff became aware they had potassium acetate instead of potassium chloride in the early afternoon and immediately began the process of notifying both the office of the attorney general and the office of the governor.
Q. Why does DOC receive execution chemicals the same day as the execution is carried out?
A. DOC is not authorized by state or federal law to store or possess execution chemicals other than on the day of the execution.
Q. Does that same-day delivery contradict the execution protocol?
A. No. The protocol for “obtaining chemicals and equipment” does not include a timeline. It is available here: http://www.ok.gov/doc/
documents/040301ad.pdf
Q. Why did DOC receive potassium acetate instead of potassium chloride?
A. The pharmacist used by DOC could not obtain potassium chloride and instead used the medically appropriate equivalent (potassium acetate) without notifying DOC.
Q. Why was the execution stayed if potassium acetate can be substituted effectively for potassium chloride?
A. The decision to delay the execution was made because of the legal ambiguity surrounding the use of potassium acetate. Out of an abundance of caution and acting on the advice of the attorney general and her legal staff, Gov. Fallin delayed Glossip’s execution so any legal ambiguities could be addressed. The state of Oklahoma has an execution protocol which has been heavily litigated and approved by federal courts.
Q. Did the state try to acquire potassium chloride after realizing it had received potassium acetate?
A. Yes. It was determined the state could not receive potassium chloride in a timely manner.
Q. What is happening now?
A. The offices of the governor, the attorney general and DOC are working to address any legal ambiguities regarding DOC procedures and execution chemicals. Executions will resume once those issues have been addressed to the satisfaction of all three parties. In the meantime, the attorney general has requested an indefinite stay of the executions for Richard Glossip, Benjamin Cole and John Marion Grant.
Q. Is the state considering using Nitrogen Hypoxia for executions?
A. No. Execution by nitrogen hypoxia becomes legal Nov. 1 as an alternative to lethal injection. Oklahoma’s method of execution will continue to be lethal injection unless a court rules that the state’s current protocols are unconstitutional.