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Attorneys for condemned prisoner Herbert Smulls want Oklahoma to take back the drug Missouri uses for its executions
By pitch.com - Steve Vockrodt
Published: 01/20/2014

Lawyers in Kansas City representing death-row inmate Herbert Smulls say the Missouri Department of Corrections not only obtains its lethal injection drug illegally but also handles the drug improperly.

What's more, according to a complaint that Smulls' attorneys filed on Friday with the Oklahoma Board of Pharmacy, the Missouri Department of Corrections plans to use a lethal dose of pentobarbital on their client that's beyond its expiration date.

Smulls is scheduled for execution on January 29.

His attorneys, as well as others representing other death-row prisoners, are trying to shine light into Missouri's shadowy, secretive execution methods.

Missouri wants to keep its death-penalty protocol obscured from public view, including where it obtains its drug. While Department of Corrections officials were not immediately available to comment to The Pitch regarding Friday's complaint, it has said in court that secrecy is necessary to protect those involved in an execution.

But Missouri has had a difficult time obtaining drugs for its lethal injections. Drug makers don't want their products, developed for therapeutic purposes, used to end someone's life. Pharmacies and doctors generally don't want to participate in executions, either, given their medical duty to improve a person's health rather than destroy it.

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