Georgia Attorney General Wants Judge To Dismiss Challenge to State Execution Drug

This morning Fulton County Deputy Chief Judge Gail Tusan continues the hearing regarding the state’s secrecy law that protects the identity of execution drug suppliers.

Earlier this week, the judge issued a stay of execution for Warren Lee Hill, Jr.

Hill is seeking an injunction from the court to get more time to challenge the constitutionality of the law.

But as WABE’s Rose Scott reports, the Georgia Attorney General’s office filed a motion asking the court to dismiss the hearing.

In the motion the state argues that Warren Lee Hill, Jr has presented nothing but speculation about what could happen and what is possible, not even probable…regarding the use of Pentobarbital causing needless suffering.

WABE legal analyst Page Pate says the attorney general’s office is right, but flawed.

“The problem with their argument is that they are basing everything on this secrecy statute and trying to uphold the secrecy statute to prevent Hill’s lawyers from having the very information they need to make this showing.”

That information according to Hill’s attorneys can only come from knowing the identity of the drug supplier or manufacturer.

Hill’s attorneys provided an affidavit to the court from a doctor that specializes in drug safety and efficacy issues.

Dr. Larry Sasich stated that compounding pharmacies pose a real or potential health hazard because the manufacturer is often unknown.

He also says compounding pharmacists do not have the ability to test chemicals for identity, potency or contamination.

This week a spokesperson for the International Academy of Compounding Pharmacists told WABE every precaution is taken to ensure compounded drugs are safe.

As for the state’s secrecy law regarding those pharmacies, this week Governor Nathan Deal said it’s needed:

“I think there are good reasons why you would not want someone to be harassed simply because they are complying with a contract that the state has, even though it may be in a distasteful area.”

It’s unclear when Judge Tusan will rule.

Warren Lee Hill Jr’s fourth execution date is Friday evening at 7.