Ohio has reportedly obtained a controversial lethal injection drug that’s part of an ongoing lawsuit against Arizona’s death penalty. Citing the Buckeye State’s plans to use midazolam to resume executions in 2017, the judge overseeing the Arizona case has called a hearing for today.
Attorneys for the state have argued that part of the lawsuit is moot because Arizona can’t get more midazolam. Federal Judge Neil V. Wake wants to know if Ohio’s ability to obtain the drug thwarts the state of Arizona’s legal argument.
In June, lawyers for the state would not rule out using midazolam in future executions. But they wrote in a brief filed Monday that Ohio can’t reveal its supplier, and Arizona will “never again use midazolam in an execution even if it becomes available.”
The plaintiffs still want to review state documents on potential midazolam suppliers and efforts to obtain more. The state has said in court documents that the information is confidential and declined to release it.
Arizona has not executed a prisoner since 2014, when midazolam was used in the so-called botched execution of Joseph Wood.
