Attorneys for a Tennessee death row inmate have expressed concerns that the state may be planning to use expired lethal injection drugs in his execution scheduled for Thursday, a growing issue across the United States as states increasingly shroud information about their execution drugs in secrecy.
Tony Carruthers' Case
Tony Carruthers, 57, was sentenced to death for the 1994 kidnappings and murders of Marcellos Anderson, his mother Delois Anderson, and Frederick Tucker. His legal team twice sought confirmation from the Tennessee Department of Correction last month that the appropriate drugs had been secured and had not expired. Assistant Attorney General John W. Ayers responded by stating that the department would adhere to its lethal injection protocol, which includes regular inventory checks to monitor expiration dates, but did not directly answer the question.
The Tennessee Department of Correction declined to answer on Wednesday whether the drugs intended for Carruthers are expired. Governor Bill Lee's office did not immediately respond to a similar inquiry.
Concerns Over Expired Drugs
Federal Public Defender Amy Harwell warned in an email that expired drugs may not reliably induce unconsciousness, potentially leading to a slow, painful death. Public opposition to executions has made it difficult for prisons to obtain execution drugs, forcing some states to expedite or halt executions due to drug expiration.
In South Carolina, executions were paused for 12 years until a shield law was passed to keep supplier identities secret. Tennessee has argued that its shield law extends to expiration dates. Before Harold Nichols' execution in December, Deputy Attorney General Cody Brandon offered to provide a declaration that the chemicals would not expire before the execution. Harwell noted that the state's refusal to offer similar assurances to Carruthers raises serious concerns.
Other States' Challenges
In 2017, Arkansas Governor Asa Hutchinson issued death warrants for eight prisoners to use a batch of drugs before expiration, executing four while four received stays. Texas inmates unsuccessfully challenged drug expiration claims in 2023. In Idaho, attorneys for Thomas Creech revealed that execution drugs were returned to the supplier because they were expired in 2024, leading to a new law making firing squad the primary execution method.
Tennessee's Troubled History
Tennessee has faced significant issues with execution drugs. In 2022, Oscar Smith received a last-minute reprieve when it was discovered that drugs were not properly tested. Executions were halted for two years for an independent investigation, which revealed that officials had incorrectly testified about testing. A new lethal injection process was released in December 2024, and executions resumed in 2025, but several inmates have sued, arguing the process does not follow investigation recommendations. During Byron Black's execution in August, he complained of severe pain, which officials have not explained.
