No New Execution Protocol As Election Nears In Oklahoma

With just two weeks to go before Oklahoma enters its second year of a halt on executions, the state's board of corrections isn't any closer to making a decision on protocol.

The board did not take up the protocol in Tuesday’s meeting. According to agenda minutes, it was never up for discussion.

Attorney General Scott Pruitt said in a statement, “I want to assure the victims’ families who continue to await justice that this review process will continue to be both deliberate and empirical. I am confident that the Department of Corrections, under the leadership of Director Allbaugh, is taking the appropriate time needed to ensure the execution protocols are fully in place and without error in the most efficient way possible.”

It was Pruitt’s order in October of 2015 to halt all future executions after it was discovered the state nearly used the wrong drug on Richard Glossip and that same drug was then used to execute Charles Warner. The debacle forced a months-long, mutli-county grand jury investigation which eventually lead to a scathing report accusing former Department of Corrections Director Robert Patton and execution staff of shirking responsibility and breaking protocol.

“I can promise the Oklahoma public that when the next execution is scheduled it will be done in an effective humane way without any incident,” newly hired DOC Director Joe Allbaugh said in March. “I am satisfied if we had to do an execution tomorrow that we could do that without any hitch whatsoever.”

Wednesday, DOC spokesperson Alex Gerszewski said there's no timeline for the protocol saying "it's a very important issue they don't want to rush." Which includes having protocol set before voters decide on state question 776.

The question makes the death penalty a part of the state's constitution. Saying if there's a legal way to put someone to death, Oklahoma must use it. 

In the meantime, five inmates’ executions have come and gone, with several others up for execution in the coming months. All have halted as they wait for protocol to be approved.

Gerzewski added the DOC may not have to be involved in approving new protocol, it may be possible for Pruitt to approve the protocol on his own. However, Gerszewski said it’s unlikely Allbaugh would allow the board to be removed from the approval process.

Should a protocol be approved, Pruitt’s order of an additional five-month stay would still apply, potentially pushing the next Oklahoma execution out another year.