Oklahoma used wrong drug in January execution: local newspaper

Charles Warner is seen in an undated picture from the Oklahoma Department of Corrections. REUTERS/Oklahoma Department of Corrections/Handout

By Heide Brandes

OKLAHOMA CITY (Reuters) - Oklahoma, which last week put on hold planned executions due to a mix-up with lethal injection drugs, used a drug not included in its official protocol in a convicted murderer's January execution, the Oklahoman newspaper reported on Thursday.

The state used bottles labeled potassium acetate to execute convicted murderer Charles Warner when it was supposed to have used potassium chloride, a drug used to stop the heart that is part of Oklahoma's protocol for lethal injections, the newspaper reported, citing state Department of Corrections records.

Warner, who was convicted of raping and killing a baby, said in his final words "my body is on fire," according to witnesses in the death chamber. Lawyers for Warner had tried to halt the execution, saying Oklahoma's drug mix could cause undue pain and suffering.

Governor Mary Fallin said medical officials with the Department of Corrections have informed her the two drugs are interchangeable. She also said troubles with a drug mix-up in a September execution indicated possible troubles in the January execution.

Oklahoma halted the scheduled Sept. 30 lethal injection of Richard Glossip when it discovered two hours before the execution it had received potassium acetate, which experts said is not on the lethal injection protocol of any state, instead of potassium chloride.

"During the discussion of the delay of the execution it became apparent that DOC may have used potassium acetate in the execution of Charles Warner in January of this year," she said in a statement.

The Oklahoma Court of Criminal Appeals on Oct. 2 granted a state request to halt three upcoming executions so state officials can examine the drug mix-up.

"The state has a strong interest in ensuring that the execution protocol is strictly followed," Attorney General Scott Pruitt said earlier this week.

Oklahoma has overhauled its death chamber protocol after a lethal injection last year led to widespread criticism.

"We cannot trust Oklahoma to get it right or to tell the truth," said Dale Baich, one of Glossip's attorneys.

Warner was the only inmate executed in the state since the troubled lethal injection of convicted murderer Clayton Lockett in April 2014.

Lockett could be seen twisting on the gurney after death chamber staff failed to place the intravenous line properly in a vein. The execution was called off but he died about 45 minutes after it started because lethal injection chemicals had accumulated in his tissue.

(Reporting by Heide Brandes; Writing by Jon Herskovitz; Editing by Will Dunham and Eric Beech)