Texas executes Wesley Ruiz despite ongoing fight over state’s use of old lethal injection drugs.
, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.surrounding the state’s use of drugs long past their original expiration dates to kill prisoners.
In an active legal battle, Ruiz and other condemned prisoners argued the state prison system should not be allowed to continue extending the expiration dates of its execution drugs. They claim the use of old drugs violates the U.S. Constitution’s prohibition of cruel and unusual punishment. The prisoners’ attorneys and the district court judge assumed, based on the most recently publicly released records from November and TDCJ’s silence, that the only execution drugs the prison had in stock were years past their original expiration dates.Nowhere in repeated court filings or an hourslong hearing did TDCJ attorneys inform courts that the agency recently obtained new drugs, as waslast week.
Hernandez did not explain why the agency and the Texas attorney general’s office failed to disclose the new drugs in court or correct the stated belief that TDCJ had only old vials. In any case, the shipment of new drugs likely could not have been used to execute Fratta, or be available for Ruiz’s execution Wednesday, if the appeals court hadn't tossed out the temporary injunction issued by state District Judge Catherine Mauzy.
“You’re making an assumption that the new drugs meet the requirements of the Texas Pharmacy Act,” she said. “That is just an assumption.”
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