"Death penalty delay looms," is the Sioux Falls Argus Leader report by Peter Harriman.

A federal judge’s ruling in March that the Food and Drug Administration allowed unapproved tranquilizing drugs into the country might delay an execution in South Dakota. But it is not likely to ultimately imperil the death penalty here or in 33 other states. South Dakota Attorney General Marty Jackley acknowledged the planned September execution of Rodney Berget might be postponed as the state and federal government work their way through the ramifications of U.S. District Court Judge Richard Leon’s ruling regarding the drug sodium thiopental. Berget was sentenced to death after he and two other inmates were convicted of killing prison guard Ron Johnson during an escape attempt last year at the South Dakota State Penitentiary. South Dakota is among the states that administer thiopental as a tranquilizer in a series of lethal drugs that also paralyze the lungs and stop the heart. However, U.S. drug companies stopped making thiopental several years ago, leaving an Italian company as the only source for the drug. The Italian government this year barred the thiopental made there from being used in executions, so American states that use the drug are forced to rely on their existing stockpiles. Now, though, the FDA, is being forced to go after those state stockpiles. In a federal lawsuit brought by death penalty opponents, Leon ruled the FDA disregarded its responsibility to ensure the safety of imported drugs when it allowed Italian thiopental to be brought into this country. In response to that, the FDA sent South Dakota a letter April 6 telling it “to make arrangements for the return to the FDA of any foreign-manufactured thiopental in its possession.” Jackley has refused. He sent a letter back the following day saying the state’s thiopental already has cleared customs and been independently tested to ensure it was pure and adequately potent. He invited the FDA to work with the state on further testing if it has concerns about the thiopental in South Dakota’s hands.

The Mitchell Daily Republic carries the AP post, "AG Jackley: SD won't hand over execution drug to FDA."

Attorney General Marty Jackley says South Dakota will work with the U.S. Food and Drug Administration to alleviate concerns over the state's batch of a lethal injection drug but has no plans to turn over the drug. Jackley wrote a letter to the FDA on Tuesday after the agency requested earlier this month that the state hand over its sodium thiopental stock. Sodium thiopental is an anesthetic used to put inmates to sleep before other lethal drugs are administered. South Dakota obtained a stock of the drug from a foreign supplier after the drug's U.S. manufacturer announced last year that it would no longer produce it.

"FDA requests lethal injection drug used in SD," by Courtney Collen for KSFY-TV.

South Dakota Attorney General Marty Jackley is fighting back against the Food and Drug Administration about the state's lethal injection drugs. Both the FDA and the Drug Enforcement Administration say the substance used for lethal injection does not meet necessary standards. But Marty Jackley disagrees. Now, it's the FDA that's pushing to get any foreign-manufactured Sodium Thiopental back that the state has in its possession. Tuesday night, one of South Dakota-based organization against the death penalty is speaking out about Jackley and the FDA. Jackley says these drugs have tested positive for safety and they are currently property of the state. So, until any court rules the state has to give them up, Jackley says they're staying in South Dakota. South Dakotans for Alternatives to the Death Penalty spoke with KSFY. They oppose any death penalty case and when it comes to these drugs and Attorney General Jackley, they're siding with the FDA. The FDA was notified about an issue with a foreign manufacturer that produces lethal injection drugs. Over the phone, we talked with a member of the South Dakotans For Alternatives to the Death Penalty who believes, after hearing this news, Sodium Thiopenthal is useless. "In particular, we're pretty amazed with this case that Attorney General Jackley would refuse requests by the FDA considering a federal judge has ordered the FDA to collect all of these doses," Travis Schulze said.

"Battle Over South Dakota's Lethal Injection Drug," by Tom Hanson for KDLT-TV.

Another federal agency is after South Dakota's lethal injection drugs. Last year the Drug Enforcment Agency ordered South Dakota to hand over its supply of drugs. Now the food and drug administration has issued a similar order. But South Dakota's Attorney General has no plans to hand over the drugs.



The state and federal agencies are fighting over the state's supply of Sodium Thiopental; a quick acting barbiturate sometimes used as anesthesia and in higher doses lethal injections. South Dakota has one case of 500 pieces. It bought the drug from a manufacturer in India, after state officials realized there was a major shortage. Some say U.S. Companies stopped making the drug because of pressure from anti death penalty groups. They say since the drug was not manufactured in the U.S. it is not safe for use in executions.



Without the drug supply from India, death row murderers like Donald Moeller and Charles Rhines could possibly delay their executions. Something Jackley pointed this out in his response to the FDA. Jackley also says the state went through proper channels to get the Sodium Thiopental and even has the FDA paperwork, signed by Prison Warden, Doug Weber, to prove it.

Earlier coverage of last month's federal court ruling is at the link.

The Memorandum Opinion in Beaty v. FDA and the District Court's Order are available in Adobe .pdf format.

A recent Center for Public Integrity report examines related issues.

Earlier coverage of South Dakota lethal injection and legislative issues is at the link.