A Texas killer says a prison fire damaged injection drugs. He wants a judge to stop his execution

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Attorneys for a condemned Texas killer say drugs he is to be injected with next week were exposed to heat from a fire and have asked a federal judge to stop his execution

This photo provided by the Texas Department of Criminal Justice shows Jedidiah Murphy. The mugshot was provided by the Texas Department of Criminal Justice. Attorneys for Jedidiah Murphy, a condemned Texas inmate have asked a federal judge to stop his execution, alleging the drugs he is to be injected with next week were exposed to extreme heat and smoke during a recent fire, making them unsafe, Wednesday, Oct. 4, 2023.

In a lawsuit filed Wednesday in federal court in Austin, Murphy’s attorneys allege that during an Aug. 25 fire that caused “catastrophic damage” to the administration building of a prison unit in Huntsville, the execution drugs the state uses were exposed to excessively high temperatures, smoke and water.

When pentobarbital is exposed to high temperatures, it can quickly degrade, compromising its chemical structure and impacting its potency, the lawsuit said. In responding to Murphy’s lawsuit, the Texas attorney general’s office submitted a laboratory report of test results completed in late September of two pentobarbital samples. One sample had a potency level of 94.2% while the other was found to be 100% potent. Both samples also passed sterility tests and had acceptable levels of bacterial toxins, according to the report.

 

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