July 9, 2015
A. David Robinson
Chief of Corrections Operations
Virginia Department of Corrections
P.O. Box 26963
Richmond, VA 23261-6963
Dear Mr. Robinson:
Iam writing to request records from the Virginia Department of Corrections
(VDOC) pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et
seq.).
As you may be aware, the Virginia Freedom of Information Act embodies
the express policy of this Commonwealth that “[t]he affairs of government
are not intended to be conducted in an atmosphere of secrecy since at all
times the public is to be the beneficiary of any action taken at any level of
government.” Va. Code § 2.2-3700. While certain records may be withheld
when “an exemption is properly invoked,” the Virginia Freedom of
Information Act “shall be liberally construed to promote an increased
awareness by all persons of governmental activities and afford every
opportunity to citizens to witness the operations of government.” Jd. Asa
result, “[aJny exemption from public access to records or meetings shall be
narrowly construed.” Id.
“When a portion of a requested record is withheld, the public body may
delete or excise only that portion of the record to which an exemption
applies and shall release the remainder of the record.” Va. Code § 2.2-
3704(B)(2). Therefore, if an exemption applies to only a portion of a
document, VDOC cannot withhold the entire document, but must instead
produce a redacted document.
I seek copies of all records in the VDOC’s possession, regardless of who
wrote them, regarding the following:
Requests
1. Documents or records in any form (including but not limited to labels on
drug bottles, packaging, or inserts) containing the name of the drug,
manufacturer, concentration, expiration date(s) and lot numbers of any
and all drugs intended or considered for use in executions currently in
the possession of VDOC.
2. Any and all documents or records in any form from the last one (1) year
pertaining to requests from any VDOC employee to the VDOC pharmacy,
Page 1 of 4
or documents or records in any form pertaining to the transport from the
VDOC pharmacy, of any of the following substances: thiopental sodium,
sodium thiopental, pancuronium bromide, potassium chloride,
pentobarbital, pentobarbital sodium, phenobarbital, nembutal, nembutal
sodium, rocuronium bromide, midazolam, hydromorphone, brevital, or
any other substance requested from the VDOC pharmacy for use in lethal
injections or L-Unit execution practice-runs at Greensville Correctional
Center or elsewhere in the Commonwealth.
. Any and all chain of custody documents from the last one (1) year,
relating to the following substances: thiopental sodium, sodium
thiopental, pancuronium bromide, potassium chloride, pentobarbital,
pentobarbital sodium, phenobarbital, nembutal, nembutal sodium,
rocuronium bromide, midazolam, hydromorphone, brevital, or any other
chemical or substance acquired for the purpose of anything relating to
lethal injections by the VDOC.
. Any and all Controlled Chemical Disposition Record(s) sheets from the
last one (1) year for the following substances: thiopental sodium, sodium
thiopental, pancuronium bromide, potassium chloride, pentobarbital,
pentobarbital sodium, phenobarbital, nembutal, nembutal sodium,
rocuronium bromide, midazolam, hydromorphone, brevital, or any other
chemical or substance acquired for the purpose of anything relating to
lethal injections by the VDOC.
. Any and all Controlled Substance Perpetual Inventory Log sheets, or any
other kind of inventory or usage log sheets, with entries from March
2015 to the present, for the following substances: thiopental sodium,
sodium thiopental, pancuronium bromide, potassium chloride,
pentobarbital, pentobarbital sodium, phenobarbital, nembutal, nembutal
sodium, rocuronium bromide, midazolam, hydromorphone, brevital, or
any other chemical or substance acquired for the purpose of anything
relating to lethal injections by the VDOC.
. Any and all U.S. Official Order Form Schedules I & II sheets from the last
one (1) year for the following substances: thiopental sodium, sodium
thiopental, pancuronium bromide, potassium chloride, pentobarbital,
pentobarbital sodium, phenobarbital, nembutal, nembutal sodium,
rocuronium bromide, midazolam, hydromorphone, brevital, or any other
chemical or substance acquired for the purpose of anything relating to
lethal injections by the VDOC.
. Any and all invoices of purchases from, or checks or other forms of
payment to, Cardinal Health or any other pharmaceutical company,
pharmaceutical distributor, pharmacy (including compounding
pharmacies), or company from March 2015 to the present for the
following substances: thiopental sodium, sodium thiopental,
pancuronium bromide, potassium chloride, pentobarbital, pentobarbital
Page 2 of 4
10.
11.
12.
sodium, phenobarbital, nembutal, nembutal sodium, rocuronium
bromide, midazolam, hydromorphone, brevital, or any other chemical or
substance acquired for the purpose of anything relating to lethal
injections by the VDOC.
. The manufacturers and/or distributors of any and all drugs intended or
considered for use in executions, including any correspondence in any
form to manufacturers and/or distributors of any and all drugs intended
or considered for use in executions from the last one (1) year. This
request includes, but is not limited to, correspondence from
manufacturers and/or distributors recalling drugs or asking that drugs
not be used to carry out lethal injections/executions, and any related
correspondence.
. Any and all DOC Controlled Medication (CII-CV) Administration and
Count Sheet forms from the last one (1) year for the following
substances: thiopental sodium, sodium thiopental, pancuronium bromide,
potassium chloride, pentobarbital, pentobarbital sodium, phenobarbital,
nembutal, nembutal sodium, rocuronium bromide, midazolam,
hydromorphone, brevital, or any other chemical or substance acquired
for the purpose of anything relating to lethal injections by the VDOC.
Any records and/or documents in any form from March 2015 to the
present reflecting any activity by VDOC to purchase or acquire any drugs
for use in executions, including but not limited to purchase orders, email
or fax correspondence, or written notes from phone conversations, about
attempts to purchase or acquire such drugs, and internal
communications about such attempts, purchases, or acquisitions. This
request includes, but is not limited to, requests or inquiries to companies
both domestic and international, to the governments or departments of
correction of other states, to hospitals and pharmacies in the
Commonwealth and in other states, and to federal agencies such as the
FDA.
Any correspondence, in any form (including notes from phone
conversations and emails) between any VDOC employee and any party
from the last one (1) year regarding drugs intended or considered for use
in executions (including both internally within the VDOC and externally,
including but not limited to persons in other states' departments of
corrections).
Records evidencing the provision to or receipt of any drugs, intended
or considered for use in executions, to/from other persons or agencies,
including but not limited to departments of corrections in other states,
hospitals, pharmacies, and state and federal agencies from the last one
(1) year.
Page 3 of 4
13. The current lethal injection and electrocution protocol. To the extent
an exemption is claimed under § 2.2-3705.2(6), please produce redacted
documents, or provide a detailed explanation of, and any records
supporting, how disclosure of any part of the document “would
jeopardize the security of any governmental facility, building, or
structure or the safety of persons using such facility, building or
structure,” after sensitive information is redacted. If documents are still
withheld in their entirety, detail their contents to the extent possible,
including the total page volume, and provide any table of contents or
index.
14. All documents concerning the decision of whether to use a single-
drug, two-drug, three-drug, or other formula to carry out executions by
lethal injection, what drugs to use to carry out executions by lethal
injection, the doses or amounts of drugs to use to carry out executions by
lethal injection, and the procedure by which an execution by lethal
injection would be carried out. To the extent that the responsive
documents are subject to the attorney-client or other applicable
privilege, please provide the facts disclosed in the responsive records
that are not communications protected by attorney-client privilege, and
records attached and/or incorporated into the responsive records that
are not otherwise exempt. If these facts and/or records are withheld,
state what exemption applies and specifically explain why the exemption
extends beyond the privilege to be accorded to also cover underlying
facts and records about which the communication might pertain.
15. All communications between the VDOC and other states, hospitals,
pharmacies, and state and federal agencies concerning the use of a
three-drug formula to carry out executions by lethal injection.
16. All communications between the VDOC and other states, hospitals,
pharmacies, and state and federal agencies concerning the use of a
single-drug or two-drug formula to carry out executions by lethal
injections.
17. All communications between the VDOC and other states, hospitals,
pharmacies, and state and federal agencies concerning what drugs to
use to carry out executions by lethal injection, the doses or amounts of
drugs to use to carry out executions by lethal injection, and the
procedure by which an execution by lethal injection would be carried
out.
Page 4 of 4
If the VDOC does not maintain these public records, please let me know
who does and include the proper custodian’s name and address.
As provided in Va. Code § 2.2-3704, I will expect the VDOC’s response
within five (5) business days.
Thank you for your assistance.
Sincerely,
Michael E.Stone
2507 Semmes Ave
Richmond, VA 23225
Page 5 of 4
