Legal Battle Over Lethal Injection Drug Information for Inmate Freddie Owens

Attorneys representing Freddie Owens, who is slated to be executed later this month, claim that state prison officials have not shared enough information regarding the lethal injection drug, pentobarbital, which complicates their client's ability to make an informed choice about his execution method. Although the state provided a summary indicating that the drug is stable, pure, and is likely effective based on other jurisdictions, his lawyers are demanding access to the complete report from state scientists who conducted the testing.

The issue is compounded by a legal shield law established in 2023 that keeps many details confidential, citing concerns that such information could reveal the identity of the compounding pharmacy responsible for producing the drug. South Carolina has refrained from executing inmates since 2011 due, in part, to difficulties in acquiring the necessary execution drugs without facing public scrutiny.

As Owens’ execution date draws near on September 20, the state Supreme Court is confronted with several questions about how much information should be disclosed to a condemned inmate. This includes a recent motion from Owens' attorneys seeking to halt the execution based on new evidence suggesting that his co-defendant may have provided misleading testimony about plea deals that could have influenced the jury's verdict.

In addition to these legal challenges, Owens has expressed that physically signing the execution method form would contradict his Muslim faith, equating it to an act of suicide. He faces a critical deadline to select between lethal injection, electric chair, or firing squad, with the implication that failing to choose would result in the electric chair. His attorney has stated that a fair decision on his execution method cannot be made without further transparency regarding the potency and stability of the lethal injection drug, arguing that key details remain undisclosed.

A pharmacy professor from the University of South Carolina has also indicated that the information provided by prison officials is inadequate for Owens to make a reasoned choice, noting the absence of specifics on testing methods, results, and storage conditions for the drug. The professor expressed concerns that an unstable drug could lead to severe pain or potentially fail to fulfill its intended purpose during the execution.