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Secrecy of Georgia's lethal injection drug challenged as execution nears
By al.com
Published: 01/29/2016

Lawyers for an inmate set to die in days are asking a conflicted federal appeals court to weaken Georgia's law that keeps secret the source of the state's lethal injection drug. It's the toughest of a number of secrecy laws passed in recent years by death penalty states eager to stabilize their execution drug supplies.

States say the laws protect companies that fear retaliation for their association with the death penalty. Most were enacted after drug manufacturers, many of them in Europe, stopped selling their products for executions, citing ethical concerns.

"There are certainly secrecy laws in other states, and some of them create extraordinary secrecy, but nothing reaches the level of Georgia," said Megan McCracken, a death penalty expert at the University of California at Berkeley.

Georgia stopped a lethal injection in March because of a problem with the drug, the barbiturate pentobarbital made by a compounding pharmacy. A Department of Corrections video shows solid white chunks falling against the syringe's plunger in a solution that should be clear. Citing this example, some 11th U.S. Circuit Court of Appeals judges have expressed concern about Georgia's secrecy law.

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