AI23 Blog Season 1 Episode 3 Lethal Drug Dealers

The battle rages on between death penalty states determined to continue their executions and anti-death penalty groups leaning on suppliers not to supply the necessary drugs.  Texas Department of Criminal Justice successfully obtained 8 2.5 gram doses of pentobarbital, enough to execute 4 people, by telling their source, a compounding pharmacy in The Woodlands it was unlikely that anyone would discover his company supplied the drugs.

Here is how that worked out for him.

Dear Sirs and Madam,

I am the owner and pharmacist-in-charge of the Woodlands Compounding Pharmacy, the pharmacy that has provided TDCJ with vials of compounded pentobarbital. 

Based on the phone calls I had with Erica Minor of TDCJ regarding its request for these drugs, including statements that she made to me, it was my belief that this information would be kept on the "down low" and that it was unlikely that it would be discovered that my pharmacy provided these drugs. Based on Ms. Minor's requests, I took steps to ensure it would be private. However, the State of Texas misrepresented this fact because my name and the name of my pharmacy are posted all over the internet. Now that the information has been made public, I find myself in the middle of a firestorm that I was not advised of and did not bargain for. Had I known that this information would be made public, which the State implied it would not, I never would have agreed to provide the drugs to the TDCJ.

I, and my staff, are very busy operating our pharmacy, and do not have the time to deal with the constant inquiries from the press, the hate mail and messages, as well as getting dragged into the state's lawsuit with the prisoners, and possible future lawsuits. For these reasons, I must demand that TDCJ immediately return the vials of compounded pentobarbital in exchange for a refund.

Please contact me immediately to arrange for the return of the drugs. Otherwise I may have to ask the Court in the prisoners' lawsuit to consider my concerns.

Sincerely,

            Jasper Lavoi

            The Woodlands Compounding Pharmacy

Notice that, unlike many of the pharmaceutical companies that refused to sell the drugs to prison systems on the basis of their opposition to the intended use, this particular supplier’s only concern was his confidentiality, and the negative effects that discovery would have on his business.

Texas Department of Criminal Justice has refused his demand of the return of the product, pointing out that the sale was totally legal. This product will most likely be used for the first time to execute Michael Yowell Wednesday, October 9.  Apparently they have amassed  some alternative drugs, including propofol, from other sources.

Posted by Nancy Bailey