The execution drugs that were going to be used on Charles Warner following the Clayton Lockett execution are now going to be tested, according to a press release from the State of Oklahoma Office of the Attorney General.
The Oklahoma Department of Corrections preserved the drugs that were going to be used on Warner prior to the Lockett execution being botched. The drugs will now be tested by the State at an independent laboratory to the fullest extent as quickly as possible.
The Office of the Attorney General has made access to the drugs used in the execution available to the defense attorneys for their own testing at laboratories of their choice if any are left over after the state's analysis is complete.
The Attorney's General's office expects the quality of the drugs in the syringes to degrade as time passes.
Warner received a 14-day stay of execution after the Lockett execution failed. Today President Obama weighed in.
"I think we do have to, as a society, ask ourselves some difficult and profound questions around these issues," said President Obama.
The lethal drug injection of death row inmate Clayton Lockett was disrupted when he started convulsing. Oklahoma's handling of the execution is still drawing responses days later. Today during a news conference, Obama said the government will be looking at death penalty procedures around the country.
"So I'll be discussing with Eric Holder and others to get an analysis of what steps have been taken, not just in this particular instance, but more broadly in this area," said President Obama.
And here in Oklahoma, the state attorney general's office notified defendant's legal counsel that the department of corrections has preserved the syringes of drugs that were to be used in the second inmate, Charles Warner who was scheduled to be executed that night. The state AG office is offering defendants counsel the chance to test the lethal drugs pending approval from the governor and an investigator looking into the matter, whom the governor defends.
"It is an independent person outside Department of Corrections. It's a state matter. It is someone who is not in the department of corrections it is a person who is over OHP so we think that is outside of my office, outside of the department of corrections," said Governor Mary Fallin.
The attorney for the next inmate to be executed Charles Warner issued the following statement:
Madeline Cohen, attorney for Charles Warner, requesting, again, for complete disclosure of the following critical information regarding the drugs the State plans to use to execute Mr. Warner, including:
The company that manufactured each and every drug that was used or intended to be used in Mr. Lockett's execution or was intended to be used in Mr. Warner's execution.
The lot number or batch number for each such drug.
Proof of FDA approval for each such drug.
Proof of lawful and unrestricted purchase of each such drug.
Proof of the expiration dates for each such drug.
Any reports, test results, certifications, or statements regarding any drug used or intended to be used in Mr. Lockett's execution or intended for use in Mr. Warner's execution.
Copies or photographs of all packaging and inserts for each and every drug used or intended to be used in Mr. Lockett's execution or intended for use in Mr. Warner's execution.
Proof of the DEA registration for the manufacturer, distributor, and / or other supplier of the midazolam, as well as the Department of Corrections' DEA registration number authorizing its possession and use of midazolam.