BOISE, Idaho (CBS2) — Thomas Creech and his attorneys filed a memo asking the court to delay his execution scheduled on Feb. 28 until it answers questions about where it got the drugs, how they were tested and erecting a cinder block wall between the chemical room and death chamber that could prevent Creech's executioners from detecting distress.
Deborah A. Czuba, Supervising Attorney for the Capital Habeas Unit of the Federal Defender Services of Idaho, wrote in a press release that state officials have only said the drugs the court obtained for the execution are manufactured and have an expiration date of February 2025.
Additionally, the court handed over test results, but they do not show who did the work or when it was done, and the way they are written suggests the wrong methods were used.
The release says state officials also will not confirm or deny the following:
- Whether Akorn Pharmaceuticals is the supplier, which went out of business in February 2023 and recalled its drugs.
- Whether a veterinarian is the supplier.
- Whether the drugs were provided from a different country.
The release adds that 73-year-old Creech could suffer a cardiac event due to his documented heart issues that include a recently discovered large aneurism.
Creech's attorneys are asking a court to order the state to turn over the drugs' information and for a judge to tour the execution chamber to determine whether it needs to be modified.
The full memo can be read below:
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