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MISSOURI (USA): GOV. JAY NIXON HALTS THE EXECUTION OF ALLEN NICKLASSON
October 11, 2013: Gov. Jay Nixon Halts the execution of Allen Nicklasson that would have been 1st US execution by Propofol, following threats from the European Union to limit the drug's export if it were used for that purpose.
Nixon also ordered the Missouri Department of Corrections to come up with a different way to perform lethal injections without propofol, the leading anesthetic used in America's hospitals and clinics. Nearly 90 % of the nation's propofol is imported from Europe.
"As governor, my interest is in making sure justice is served and public health is protected," Nixon said in a statement. "That is why, in light of the issues that have been raised surrounding the use of propofol in executions, I have directed the Department of Corrections that the execution of Allen Nicklasson, as set for October 23, will not proceed."
Nixon, a Democrat and staunch supporter of the death penalty, did not specifically mention the EU threat in his brief statement. Nixon was Missouri's longtime attorney general before he was first elected governor in 2008. During his 16 years as attorney general, 59 men were executed. The leading propofol maker, Germany-based Fresenius Kabi, and anesthesiologists had warned of a possible Propofol shortage that could impact millions of Americans if any executions took place. In a statement, Fresenius Kabi applauded Nixon's move. "This is a decision that will be welcomed by the medical community and patients nationwide who were deeply concerned about the potential of a drug shortage," said John Ducker, CEO of Fresenius Kabi USA. The company said Propofol is administered about 50 million times annually in the U.S.. A spokeswoman for the European Union declined comment.
Missouri altered its execution protocol in April 2012 to use Propofol. Nixon's decision also leaves uncertain the execution scheduled for next month for Joseph Franklin. Soon after Nixon's announcement, Missouri Attorney General Chris Koster filed a motion with the Missouri Supreme Court to vacate the Oct. 23 execution date for Nicklasson and to set a new date "soon after" Franklin's execution date of Nov. 20. The corrections department on Wednesday agreed to return a shipment of propofol to Louisiana-based distributor Morris & Dickson Co. The company distributes propofol made in Europe by Fresenius Kabi and told the corrections department in November that its shipment was a mistake. Corrections spokesman David Owen said Wednesday that Missouri had a remaining supply of propofol, all of it domestically made. But Fresenius Kabi spokesman Matt Kuhn said even the use of domestically produced propofol in an execution could prompt the EU to impose export controls. Meanwhile, Mercer Medical, a Kent, Wash.-based third-party vendor, said Friday in a news release it has asked for the 400 milliliters of Propofol it sold to the corrections department in June be returned at the request of the manufacturer, Hospira. The website for Hospira says it is headquartered in Lake Forest, Ill.
Nicklasson, 41, is on death row for the 1994 killing of Richard Drummond, who stopped to help when a car used by Nicklasson and 2 others broke down.
Another man in the car, Dennis Skillicorn, was executed in 2009. (Source: Associated Press, 11/10/2013)
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