Lethal Injection protocol meeting notes and communications (Department of Corrections)

Adanya Lustig filed this request with the Department of Corrections of Montana.
Est. Completion None
Status
Fix Required

Communications

From: Adanya Lustig

To Whom It May Concern:

Pursuant to Montana Public Records Act, Article II, § 9, I hereby request the following records:

All emails and meeting minutes for members of a lethal injection protocol committee, or equivalent regulatory body, regarding the lethal injection protocol and/or lethal injection drugs from 2010 to present. If there is not a lethal injection protocol committee, then any and all meeting minutes and communications within the Department of Corrections that mention the lethal injection protocol and/or lethal injection drugs from 2010 to present.

If any clarification is necessary, please feel free to call the MuckRock Office at 617-299-1832.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Adanya Lustig

From: Department of Corrections

To Adanya Lustig:
The Montana Department of Corrections is not currently in a position to carry out an execution since District Court Judge Jeffrey Sherlock issued an Order in October 2015 in Ronald Smith, et al v. State of Montana, et al Lewis and Clark County Cause No. BDV-2008-303. In that case, after a bench trial, Judge Sherlock ruled that pentobarbital is not an ultra-fast acting barbiturate, and enjoined the use of pentobarbital in any executions. Under the existing statute, Mont. Code Ann. Sec. 46-19-103(3), the punishment of death must be inflicted by administration of a continuous, intravenous injection of a lethal quantity of an “ultra-fast acting barbiturate in combination with a chemical paralytic agent . . .” As that language exists, the Department of Corrections is unable to carry out an execution in compliance with the statutory requirements. As such, the Department would have no records responsive to any of your requests.

For the policies prior to that period, see the Montana Execution manual online at: http://cor.mt.gov/Portals/104/Resources/Policy/ETManual.pdf.

The Montana Department of Corrections has no lethal injection protocol committee, or equivalent regulatory body.

Judy Beck
Director of Communications
Montana Department of Corrections

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