A compounding pharmacy in Oklahoma won't be the one providing Missouri with a made-to-order drug for an upcoming execution. Court documents filed Monday show that death row inmate Michael Taylor has reached an agreement with The Apothecary Shoppe in Tulsa. Under the deal, the pharmacy won't prepare or provide pentobarbital or any other drug for use in Taylor's execution.
Taylor's attorney, Matt Hellman, says the pharmacy has not already provided any such drug to the Missouri Department of Corrections for Taylor's execution which is scheduled for February 26.
Missouri Corrections officials have said Taylor's execution will go on as scheduled, but it's not clear where the state will get the necessary drug for lethal injection, or if the state already has enough pentobarbitol on hand for the task.
Taylor has pleaded guilty to the 1989 abduction, rape and murder of a 15 year old Kansas City girl.
It's unclear when or if Missouri death row inmate Herbert Smulls will be executed.
The U.S. Supreme Court has granted him a stay of execution. Justice Samuel Alito signed the order and it was sent out Tuesday night, just hours before Smulls midnight execution date.
The 56 year old was convicted of killing a St. Louis County jeweler and badly injuring his wife during a 1991 robbery. His juvenile accomplice, now 37, is serving a life sentence.
Smulls' lawyer says the stay is temporary while the high court reviews the case. She had made last-minute pleas to spare Smulls' life, focusing on Smulls "due process" rights, since he still has appeals pending that challenge Missouri's execution method. Attorney Cheryl Pilate is arguing that Missouri's refusal to disclose the name of the compounding pharmacy that makes the pentobarbitol used in executions makes it impossible for Smulls' advocates to know whether it could cause pain and suffering.
Earlier on Tuesday, Pilate revealed the name of the company she believes is making the drug. She told The Associated Press that her research indicates the drug is made by The Apothecary Shoppe, based in Tulsa, Okla. She says an Oklahoma City-based lab tested the drug.
The fate of Missouri death row inmate Herbert Smulls is in limbo. The 56 year old is scheduled to die by lethal injection at 12:01 a.m. Wednesday.
On Friday, a federal appeals court in St. Louis ruled 7-3 against death row inmates arguing that the state's use of an Oklahoma compounding pharmacy to make the lethal injection drug pentobarbital without disclosing the name of the pharmacy was unconstitutional.
Then on Monday, a federal judge in Kansas City denied Smulls request for a 60 day stay of execution so he can continue to appeal Missouri's execution method. His attorneys claim denying the stay violates his "due process" rights and they've appealed again.
Smulls has also asked Governor Jay Nixon for clemancy. A spokesman says the governor hasn't reached a decision yet.
Smulls was convicted of killing a Chesterfield jeweler during a 1992 robbery.