OFFICE OF ATTORNEY GENERAL
STATE OF OKLAHOMA

 

 

 

 

 

 

May 2, 2014
Dbautrv44@hotmail.com sgattonni@hallestill.com
David Autry sdav@hallestill.com
1021 NW 16th Street Susann M. Gattoni
Oklahoma City, OK 73106 Seth Day

Hall Estill Hardwick Gable

dean.sandeford@fd.org Golden Nelson, PC
Madeline 100 N. Broadway Ave, Ste. 2900
0. Dean Sandeford Oklahoma City, OK 73102-8865
Madeline Cohen
Asst. Federal Public Defender lanita.henricksen@coxinet.net
Of?ce of the Federal Public Defender Lanita Henricksen
Districts of Colorado and Wyoming 600 N. Walker, Ste. 200
633 17th Street, Suite 1000 Oklahoma City, OK 73102-3035
Denver, CO 80202

Dear Counsel,

The Oklahoma Department of Corrections preserved the syringes of drugs to be used in the execution
of Charles Warner. Because these drugs came from the same manufacturers. as the drugs used in
Clayton Lockett?s execution, had the same expiration date and were purchased at the same time, we 
have asked Commissioner Thompson to make sure these drugs are tested to the extent possible by
an independent laboratory as quickly as possible.

We have also asked that if not all the drugs are required for the testing, the remaining drugs be made
available to appropriate representatives of Clayton Lockett and/or Charles Warner. If you all as
defense counsel are interested in obtaining any remaining drugs and can provide authority from a
client with a legal interest in these drugs, this of?ce will strongly encourage Commissioner
Thompson and the Governor to release these drugs to you for testing by a lab of your choice. i

The Attorney General will take this step to assure that the State continues its efforts to remain as
transparent as legally and practically possible, in light of the law and very real challenges Oklahoma
faces in assuring that all lawful sentences, including the death penalty are carried out. Of course,
this access is in addition to the information provided by this of?ce before the execution, which
includes:

313 NE. 218T STREET OKLAHOMA CITY, OK 73105 (405) 521692] - FAX: (405) 521?6246
10/07/2015 ResponseRORR re: Lethal Injection/ Inmates C. Lockett,C. Warner, R. Glossip,G. Allen, B. Davis

Page 32049 of 41 697 g; recycled paper

 

 

 

Counsel

May 2, 2014

Page Two (2)

- the protocol used in the execution of Clayton Lockett, as well as any and all changes thereto;
- the speci?c drugs used in the execution including the exact amount to be used;

0 the fact that all drugs used in the execution were manufactured, as opposed to compounded;
- the fact that the source of the drugs was one approved by the 

- the fact that the drugs were intended for human use; and,

- the expiration dates of the drugs.

Given this of?ce?s candor about the information it can and cannot provide, which repeatedly
included the identi?cation of the drugs to be used in the execution, we were surprised by the
misstatements made to the press about not knowing What drugs were being used in the execution.
This information has never been withheld and still none of you challenged the protocol. Now, the
Attorney General is offering his assistance to assure even more information and access is available.

Please let me know if any or all of you are interested in pursuing access to excess drugs, if they are
available and we can discuss the logistics. Also, please note, time is of the essence. We expect the
drugs in the syringes to degrade as time passes.

Sincerely,

MW

Kindanne C. Jones
Assistant Attorney General
Chief, Litigation Unit

 

10/07/2015 Response to ORR re: Lethal lnjection/ Inmates C. Lockett,C. Warner, R. Glossip,G. Allen, B. Davis
Page 32050 of 41 697