NASHVILLE, Tenn. (WTVF) — Since May 2022, Governor Lee has paused executions of death row inmates in Tennessee, after an independent report showed the state Department of Correction wasn't following its own rulebook by not properly testing lethal injection chemicals that could be contaminated.
In the nearly two and a half years since, TDOC says it's been working on re-vamping its lethal injection protocol, but it hasn't said much more.
It's told a federal judge every three months essentially the same thing:
"The process of revising the protocol is a priority, is active, and is ongoing. The Commissioner of TDOC is currently not prepared to provide a date when a new lethal injection protocol will be finalized."
Attorney David Raybin helped draft the state's death penalty laws.
"The governor's office keeps saying we're going to bring executions back online, but there's no explanation about why there is this delay," Raybin said. "I suggest that this delay is because they don't have the appropriate medication or drugs to execute people that wouldn't be subject to some sort of challenge."
Over the past several years, it's become harder for states to obtain the drugs they use to execute death row inmates because the companies who make those drugs, which have other medical purposes, say they don't want their drugs used to kill people.
But the state Attorney General's office hasn't told a judge if that's the reason the Department of Correction hasn't sent out a new lethal injection protocol.
"I suggest the court should ask, 'What is it you're doing? Why is there a delay? You tell us there's a delay, but we don't know when it'll end,'" Raybin said.
For now, all that the families of crime victims and those convicted of killing those victims can do is wait.
Gov. Lee has said he suspects the Department of Correction is "closer than further" from having a new lethal injection protocol in place.
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