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Inmates' Lawyers Ask Mo. Board Of Pharmacy To Act Before Execution
By stlpublicradio.org
Published: 01/03/2014

Lawyers representing death row inmates have filed a complaint with the Missouri Board of Pharmacy, citing St. Louis Public Radio and the Beacon’s investigation from earlier this week.

On Tuesday, we reported that the Department of Corrections has been obtaining its execution drug from an out-of-state compounding pharmacy that isn't licensed to do business in Missouri. Under normal circumstances, the pharmacist could be guilty of a felony.

"The St. Louis Public Radio story makes clear that the Department of Corrections and its chosen pharmacy are violating (Missouri law)," Joseph Luby, an attorney for the inmates wrote in a letter to the board. "We ask that you take immediate steps to prevent this illegal importation of compounded pentobarbital, which not only violates binding law, but which places Mr. Smulls at risk of suffering an excruciatingly painful execution."

Herbert Smulls is set to be executed on Jan. 29.

Before our investigative piece aired, we asked the Missouri Board of Pharmacy if it would be looking into the compounding pharmacy. Members of the board did not respond then and did not respond to new requests Thursday.

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