Writ Qyo Warranto Complaint and Exhibits, Signed by Meghan Shapiro, 2012 April 24

VIRGINIA

IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND

Meghan Shapiro, Esq., and Christopher Leibig, Esq.,
Plaintiffs,

v. Case No.

Virginia Department of Corrections,

Director of the Department of Corrections Harold

W. Clarke, Pharmacy Supervisor at the Department of

Corrections Pharmacy William Nicholson, and

Unnamed ExecutionTeam Leader(s),
all in their Official and Individual Capacities,

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Defendants.'

INFORMATION, COMPLAINT, AND APPLICATION FOR A WRIT QUO WARRANTO

Cause of Action, Standing, Jurisdiction, Venue, and Remedy

1. Plaintiffs file this application in the name of the Commonwealth for a Writ Quo Warranto
pursuant to Virginia Code Section 8.01-635 et seq. Section 8.01-636(2a) permits this
application for a writ “[a]gainst a person engaged in the practice of any profession without
being duly authorized or licensed to do so[.]”

2. Defendants the Virginia Department of Corrections (“DOC”), the Director of the Department of
Corrections Harold W. Clarke (“Director”), the Pharmacy Supervisor at the Department of
Corrections Pharmacy William Nicholson (“Pharmacist”), and the Unnamed Execution Team
Leader(s) (“Team Leaders”) are engaged in certain combinations of practices of the following
regulated professions without being duly authorized or licensed to do so: medicine; pharmacy;
and anesthesiology. As set out below, Defendants engage in these unauthorized, unlicensed

1 Addresses of ‘endants, for purposes of service of process, are listed in the coverletter to this filing, but not in this
document itself, in order to protect their privacy.


practices when they request, dispense, distribute, give, and/or obtain, and when they
intravenously administer as a general anesthetic and for other purposes controlled prescription
substances to condemned inmates in the Department of Corrections.

. Plaintiffs have standing to file this application pursuant to Virginia Code Section 8.01-637(A),
which states: “any interested person[] may apply to such court by petition verified by oath for a
writ of quo warranto. In case of an application under Section 8.01-636 2a the term 'any
interested person' shall include any attorney licensed to practice law in this Commonwealth and
qualified to practice before the Supreme Court of Virginia, or the circuit court in which the
petition in filed.” Plaintiffs are members in good standing of the Virginia Bar and qualified to

practice before the Supreme Court of Virginia.

. Jurisdiction is proper under Virginia Code Section 8.01-635 et seq., under Virginia Code

Section 8.01-620 because Plaintiffs are seeking the equitable remedy of an injunction, and
under Virginia Code Section 8.01-328.1 because all relevant acts by all Defendants have

occurred and continue to occur within the Commonwealth of Virginia.

. The Director resides in the City of Richmond. The Director's official office, the location of the

DOC, and some of the acts complained of are located, have been done, are being done, and are
apprehended to be done within the 13" Judicial District. Venue is accordingly proper in this
Court pursuant to Virginia Code Sections 8.01-261(2), 8.01-261(14)(a), 8.01-261(15)(c), and
8.01-263.

. Plaintiffs request the issuance of a writ commanding the Sheriff to summon the Defendants to
appear before this Court at a date set forth in the writ, pursuant to Virginia Code Section 8.01-
637(B) (“If, in the opinion of the court, the matters stated in the petition are sufficient in law to
authorize the issuance of such writ, a writ shall issue thereon, commanding the sheriff to
summon the defendant to appear at a date set forth in the writ.”).

2

7. Plaintiffs request, pursuant to Virginia Code Section 8.01-643, the remedy of a “judgment as is
appropriate and authorized by law” that the Defendants are “guilty” of the prohibited behavior
herein alleged, as well as “costs incurred in the prosecution of the information.” Plaintiffs also
request the equitable remedy of an injunction against Defendants from further engaging in these
practices without due authorization or license.

8. Ifpermissible in light of Virginia Code Section 8.01-643, Plaintiffs request a trial by jury
pursuant to Virginia Code Section 8.01-336(D).

9. True names of the Team Leaders are not included pursuant to Virginia Code Section 53.1-233,
which states: “The identities of persons designated by the Director to conduct an execution, and
any information reasonably calculated to lead to the identities of such persons, including, but
not limited to, their names, residential or office addresses, residential or office telephone
numbers, and social security numbers, shall be confidential, . . . shall not be subject to discovery
or introduction as evidence in any civil proceeding unless good cause is shown.”

Defendants Practice Medicine, Anesthesiology, and Pharmacy:

9. The Commonwealth of Virginia has decided that the professions of medicine, anesthesiology,
and pharmacy warrant strong regulation, as does the handling and use of controlled drugs, in the
interest of public safety. Defendants have engaged in, and continue to engage in, all of these
practices outside the bounds of the Commonwealth's laws and regulations — specifically,
without due licensure or specific authorization — when they prepare for and carry out executions
by lethal injection. A demonstrative list of specific laws and regulations Defendants are
violating can be found at Paragraph 21.

10. The following prescription controlled substances have been and are utilized by the Defendants,
without due licensure or authorization, to carry out executions by lethal injection: the short-

acting barbiturate general anesthetic Thiopental Sodium (“Thiopental,” a Schedule III

3

Controlled Substance), the short-acting barbiturate Pentobarbital Sodium (‘Pentobarbital,” a
Schedule II Controlled Substance), the neuromuscular blocking agent Pancuronium Bromide
(“Pancuronium,” which is, at least, a Schedule VI Controlled Substance); and the salt-form
mineral supplement Potassium Chloride (which is also, at least, a Schedule VI Controlled
Substance). For a photograph of the DOC's current stock of these drugs, see Exhibit A
(photographs of DOC's supply of Pentobarbital, Pancuronium, and Potassium Chloride) See
also Exhibit B (Perpetual Inventory Logs for Pentobarbital, Pancuronium, Potassium Chloride,

and Thiopental). As of February 29, 2012, the DOC had no supply of Thiopental.

. Thiopental and Pentobarbital have been and are used by the Defendants as a general anesthetic

prior to administration of the Pancuronium, which paralyzes all muscle movement and causes
agonizing asphyxiation, and Potassium Chloride, which induces cardiac arrest with excruciating
pain that has been likened to the feeling of having one’s veins set on fire. It is uncontroverted
that it would be unconscionable to inject either of these drugs into a person who was not
adequately anesthetized. For this reason, the anesthetic agent (the Pentobarbital and
Thiopental) serves and has served the exact same function in executions as it does during
surgery: to render an individual unconscious prior to an otherwise extremely painful and
agonizing procedure. The Defendants therefore engage in anesthesiology when they inject
Pentobarbital or Thiopental, something they are neither licensed nor authorized to do. As
detailed below, Defendants' practice of anesthesiology is not only unlicensed and unauthorized,

it is also incorrect and unsafe.

. Defendants have engaged and continue to engage in the following unlicensed and unauthorized

practices, in violation of state laws strictly requiring licensure or other specific authorization for
the purpose of protecting public safety:
a) the above controlled substances are requested and obtained from the Pharmacist or

4

b

c

2

d

¢€

2

g

h

his agent by or at the direction of the Director and/or the Team Leaders without due
licensure or authorization;

the substances are dispensed, distributed, or given out by or at the direction of the
Pharmacist to the Director or his agents and/or the Team Leaders or their agents
without lawful prescriptions or other authorization;

the substances are directly or indirectly dispensed, distributed, or given by the
Director or his agents to the Team Leaders or their agents without due licensure or
authorization;

the substances are measured and put into syringes at the direction of the Director or
his agents without due licensure or authorization;

the substances are administered by or at the direction of the Team Leaders, and at the
direction of the Director or his agents, to certain Department of Corrections inmates
without due licensure or authorization;

intravenous catheters are inserted at the direction of the Director or his agents into
certain Department of Corrections inmates peripherally and/or centrally without due
licensure or authorization;

the substances are administered to a person by or at the direction of the Team
Leaders and at the direction of the Director or his agents to certain Department of
Corrections inmates without due licensure or authorization;

the substances are administered through peripheral or central IV lines by or at the
direction of the Team Leaders and at the direction of the Director or his agents to
certain Department of Corrections inmates without due licensure or authorization;
Pentobarbital and Thiopental are administered by the Team Leaders or their agents,

at the direction of the Director, as a general anesthetic without due licensure or

authorization, and without the involvement of any other duly licensed or authorized
person;

to the extent the selection of the above substances for use in lethal injections can be

j
said to be a “prescription” for said substances, the Director or his agents and/or the
Team Leaders or their agents have ordered and continue to order such prescriptions
without due licensure or authorization.

13. In addition to the Defendants specifically listed in the preceding sub-paragraphs, all of the
above activities are conducted by the DOC and are under the control of the Director. Some
direction by the Director was and is made in the form of, but not limited to, a written, internal
DOC protocol that is not subject to regulation, review, or oversight by any external body or
authority, and is consistently withheld from FOIA disclosure. These specific methods and
procedures, including the selection of drugs, dosages, method of administration, and personnel
involved in the administration, are subject to change at any time without notice. The specific
methods and procedures for lethal injection complained of here are formulated, maintained and
administered at the complete discretion of the Director, who may at times delegate that
responsibility to an agent who similarly lacks proper licensure or due authorization to engage in
the professions of medicine, anesthesiology, or pharmacy.

Defendants' Practices of Medicine, Anesthesiology, and Pharmacy are Unauthorized:

14. Neither the Director, the Team Leaders, nor their relevant agents possess licenses or any other
sufficient authority to practice medicine, pharmacy, or anesthesiology.

15. The activities of the Pharmacist and his agents complained-of above fall outside those activities
permitted by their licenses or by state pharmacy regulations and laws, and are conducted at the
direction of the Director.

16. None of the above drugs are being used by Defendants for their intended purposes, nor in

6

1

7.

oo

response to any appropriate medical indication. In fact, manufacturers of Thiopental and
Pentobarbital have publicly so stated, directly corresponded with the DOC to that effect,
ultimately ceased to manufacture the drug for that reason, and/or stopped future distribution of
the drug to the DOC for that reason. Those manufacturers are Hospira Inc., which used to
manufacture Sodium Thiopental, and Lundbeck Pharmaceuticals, which manufactured
Pentobarbital and restricted its distribution to prevent DOCs from purchasing the drug.. Fora
copy of the relevant press release from Lundbeck Pharmaceuticals, see Exhibit C (July 1, 2011
Press Release from Lundbeck Pharmaceuticals)

Neither the details of the administration of lethal injection, including the qualifications of
personnel involved, nor the substances to be used in the lethal injection, are required by state
law. State law designates merely that “[t]he Director, or the assistants appointed by him,

shall . . . cause the prisoner under sentence death to be . . . injected with a lethal substance, until
he is dead. . . . Execution by lethal injection shall be permitted in accordance with procedures
developed by the Department[,]” Virginia Code Section 53.1-234, and that “[e]ach execution
shall be conducted by the Director or one or more assistants designated by him.” Va. Code Sec.

53.1-233.

. Defendants do not fall under the DOC-specific legal exemption to Title 54.1, Subtitle III,

Chapter 29 (Medicine and Other Healing Arts). Va. Code Sec. 54.1-2901(A)(25) (exemption
for purposes “working as a health assistant under the direction of a licensed medical or

osteopathic doctor within the Department of Corrections”).

19. Neither do Defendants' actions fall under the legal exemption to Title 54.1, Subtitle III, Chapter

29 (Medicine and Other Healing Arts) of Virginia Code Section 54.1-2901(A)(19), which
exempts “Any person from performing services in the lawful conduct of his particular
profession or business under state law[,]” since the complained-of actions are not otherwise

7

sanctioned by Virginia law.

20. Neither is the DOC exempt from the Virginia Drug Control Act, which provides only one very
specific and very limited exception allowing the DOC's pharmacy to include more than one
prescription in a single written prescription order. Va. Code Sec. 54.1-3408.01(A).

2

. Defendants' unlicensed and unauthorized actions violate state regulations and statutes including
but not limited to the following: Virginia Code Section 54.1-2409.1 (“Any person who, without
holding a current valid license . . . (i) performs an invasive procedure for which a license or
multistate licensure privilege is required; (ii) administers, prescribes, sells, distributes, or
dispenses a controlled drug . . . shall be guilty of a Class 6 felony.”); Virginia Code Section
54.1-3310 (unlawful to “practice pharmacy, or to engage in, carry on, or be employed in the
dispensing . . . of drugs within this Commonwealth unless licensed by the Board as a
pharmacist”); Virginia Code Section 54.1-3302 (“A practitioner of the healing arts shall not sell
or dispense controlled substances except as provided in sections 54.1-2914 and 54.1-3304.1.”);
Virginia Code Section 54.1-3303(A) (“A prescription for a controlled substance may be issued
only by a practitioner of medicine . . . . The prescription shall be issued for a medicinal or
therapeutic purpose and may be issued only to persons . . . with whom the practitioner has a
bona fide practitioner-patient relationship.””); Virginia Code Section 54.1-3303(B) (“The person
knowingly filing an invalid prescription shall be subject to the criminal penalties provided in

2 “For purposes of this section, a bona fide practitioner-patient-pharmacist relationship is one in which a practitioner
prescribes, and a phi in good faith to his patient for a medicinal or therapeutic
purpose within the course of his professional practice. In addition, a bona fide practitioner-patient relationship means
that the practitioner shall (i) ensure that a medical or drug history is obtained; (ii) provide information to the patient
about the benefits and risks of the drug being prescribed; (iii) perform or have performed an appropriate examination of
the patient, either physically or by the use of instr ion and diagnostic through which images and
medical records may be transmitted electronically; except for medical emergencies, the examination of the patient shall
have been performed by the practitioner himself, within the group in which he practices, or by a consulting practitioner
prior to issuing a prescription; and (iv) initiate additional interventions and follow-up care, if nepessary, especially ifa
prescribed drug may have serious side effects. Any practiti who prescribes any 1 with the

ge that the b: will be used otherwise than medicinally or for therapeutic purposes shall be

subject to the criminal penalties provided in Section 18.2-248 for violations of the provisions of law relating to the

distribution or possession of controlled substances.” Virginia Code Section 54.1-3303(A).

k

8

Section 18.2-248 for violations of the provisions of law relating to the sale, distribution or
possession of controlled substances. No prescription shall be filled unless there is a bona fide
practitioner-patient-pharmacist relationship.”); Virginia Code Section 54.1-3408(A) (“A
practitioner . . . shall only prescribe, dispense, or administer controlled substances in good faith
for medicinal or therapeutic purposes within the course of his professional practice.”); Virginia
Code Section 54.1-3408.01(A) (stating the requirements of a written prescription, including that
it “contain the first and last name of the patient for whom the drug is prescribed”); Virginia
Code Section 54.1-3408.01(C) (stating the requirements of an oral prescription); Virginia Code
Sections 54.1-3410(A) & (A)(1) (“A pharmacist, acting in good faith, may sell and dispense
drugs and devices to any person pursuant to a prescription of a prescriber as follows: A drug
listed in Schedule II shall be dispensed only upon receipt of a written prescription that is
properly executed, dated and signed by the person prescribing on the day when issued and
bearing the full name and address of the patient for whom . . . the drug is dispensed, and the full
name, address, and registry number under the federal laws of the person prescribing, if he is
required by those laws to be so registered.”); Virginia Code Sections 54.1-3410(B), (B)(1), &
(B)(2) (“A drug controlled by Schedules III through VI . . . shall be dispensed upon receipt of a
written or oral prescription as follows: If the prescription is written, it shall be properly
executed, dated and signed by the person prescribing on the day when issued and bear the full
name and address of the patient for whom . . . the drug is dispensed, and the full name and
address of the person prescribing. . . . If the prescription is oral, the prescriber shall furnish the
pharmacist with the same information as is required by law in the case of a written prescription
for drugs[.]”; Virginia Code Section 18.2-248(A) (“Except as authorized in the Drug Control
Act (Section 54.1-3400 et seq.), it shall be unlawful for any person to . . . give , distribute, or
possess with intent to . . . give or distribute a controlled substance[.]”); Virginia Code Section

9

18.2-250(A) (“It is unlawful for any person knowingly or intentionally to possess a controlled
substance unless the substance was obtained directly from, or pursuant to, a valid prescription
or order of a practitioner while acting in the course of his professional practice, or except as
otherwise authorized by the Drug Control Act (Section 54.1-3400 et seq.); Virginia Code
Section 18.2-260 (“It shall be unlawful for any person to prescribe, administer or dispense any
drug except as authorized in the Drug Control Act (Section 54.1-3400 et seq.) or in this
article.”); 18 Virginia Administrative Code 85-20-120, 18-50-40 et seq., and 90-30-80 et seq. (in
order to insert a peripherally-inserted central catheter, a person should have the training,
qualifications, and expertise of a medical doctor, a physician assistant, a certified registered
nurse anesthetist, or a registered nurse with specific other qualifications); 18 Virginia
Administrative Code 85-20-330(B)(1) (in order to administer general anesthesia, a person
should have the training of an anesthesiologist or a certified registered nurse anesthetist).

2

v

. The above violations are noted not to assert claims of separate causes of action, but to
demonstrate that Defendants are acting without due licensure or authorization. Due to the
complexity and highly regulated nature of the professions of medicine, anesthesiology and
pharmacy, Defendants are likely in violation of additional regulations and laws not yet
identified by Plaintiffs.

Defendants Have Engaged In the Following Examples of Specific Past Unauthorized Acts:

23. Defendants have engaged in the practice of the professions of medicine, pharmacy, and
anesthesiology without due licensure or authorization, including but not limited to the following
past examples:

a) As detailed in Exhibit D (Controlled Chemical Disposition Record of November 9,
2011), on November 9, 2011, at the DOC Pharmacy in Richmond, the Pharmacist
dispensed (or directed the dispensation of) three vials (7.5 grams) of prescription

10

b

c

2

Pentobarbital, a Schedule II Controlled Substance, 15 vials (150 milligrams) of
prescription Pancuronium Bromide, a Controlled Substance that is at least Schedule
VI, and 18 vials (720 meq) of prescription Potassium Chloride, a Controlled
Substance that is at least Schedule VI. These drugs were delivered to Greensville
Correctional Center the same day. They were returned the following day to the DOC
Pharmacy. No lawful prescription existed for these drugs. At the direction of the
Director or his agents, these drugs were distributed by the Pharmacist or his agents
to the Director or his agents and the Team Leaders or their agents. The Team
Leaders and their agents, at the direction of the Director or his agents, possessed
these drugs.

As detailed in Exhibit E (Controlled Chemical Disposition Record of August 17-
18, 2011), on August 18, 2011, the following prescription Controlled Substances
were administered to inmate Jerry Terrell Jackson, without lawful prescription: 2.5
grams of Pentobarbital; 50 milligrams of Pancuronium; and 240 meq of Potassium
Chloride. These drugs were administered via peripheral IV lines by or at the
direction of the Team Leaders or their agents, and at the direction of the Director or
his agents. The Pentobarbital was administered for the purpose of inducing general
anesthesia prior to administering the highly painful and agonizing second and third
drugs to Mr. Jackson. The Pancuronium Bromide was administered to Mr. Jackson
for the purpose of generally paralyzing his body prior to the injection of the
Potassium Chloride, which stopped his heart.

As further detailed in Exhibit E, on August 17, 2011, at the DOC Pharmacy in
Richmond, the Pharmacist dispensed (or directed the dispensation of) three vials (7.5
grams) of prescription Pentobarbital, a Schedule II Controlled Substance, 15 vials

11

d

e

2

(150 milligrams) of prescription Pancuronium Bromide, a Controlled Substance that
is at least Schedule VI, and 18 vials (720 meq) of prescription Potassium Chloride, a
Controlled Substance that is at least Schedule VI. These drugs were delivered to
Greensville Correctional Center, “L Unit,” the same day. No lawful prescription
existed for these drugs. At the direction of the Director or his agents, these drugs
were distributed by the pharmacist to the Director or his agents and the Team
Leaders or their agents. The Team Leaders and their agents, at the direction of the
Director or his agents, possessed these drugs.

As detailed in Exhibit F (Controlled Chemical Disposition Record of September 22-
23, 2010), on September 23, 2010, the following drugs were administered to inmate
Teresa Lewis, without lawful prescription: 2 grams of Thiopental Sodium; 50
milligrams of Pancuronium Bromide; and 240 meq of Potassium Chloride. These
drugs were administered via peripheral IV lines by or at the direction of the Team
Leaders or their agents, and at the direction of the former DOC Director or his
agents. The Thiopental Sodium was administered for the inducing general
anesthesia administering the highly painful and agonizing second and third drugs to
Ms. Lewis. The Pancuronium Bromide was administered to Ms. Lewis for the
purpose of generally paralyzing her body prior to the injection of the Potassium
Chloride, which stopped her heart.

As further detailed in Exhibit F, on September 22, 2010, at the DOC Pharmacy in
Richmond, the Pharmacist dispensed (or directed the dispensation of) twelve vials (6
grams) of the prescription Controlled Substance Thiopental Sodium, 15 vials (150
milligrams) of the prescription Controlled Substance Pancuronium Bromide, and 18

vials (720 meq) of the prescription Controlled Substance Potassium Chloride. These

12

drugs were delivered to Greensville Correctional Center, “L Unit,” the same day. No
lawful prescription existed for these drugs. At the direction of the former DOC
Director or his agents, these drugs were distributed by the Pharmacist to the Team

Leaders or their agents. The Team Leaders and their agents possessed these drugs.

As further detailed in Exhibit F, on September 24, 2010, four vials of Thiopental Sodium and five vials

of Pancuronium Bromide were returned to the DOC Pharmacy by an agent of either a Team Leader or

the former DOC Director.

f) As detailed in Exhibit G (Controlled Chemical Disposition Record of May 19-21,

g

2010), on May 20, 2010, the following drugs were administered to inmate Darick
Demorris Walker, without lawful prescription: 2 grams of Thiopental Sodium; 50
milligrams of Pancuronium Bromide; 240 meq of Potassium Chloride. These drugs
were administered via peripheral IV lines by or at the direction of the Team Leaders
or their agents, and at the direction of the former DOC Director or his agents. The
Thiopental Sodium was administered to Mr. Walker for the purpose of inducing
general anesthesia before administering the highly painful and agonizing second and
third drugs to Mr. Walker. The Pancuronium Bromide was administered to Mr.
Walker for the purpose of generally paralyzing his body prior to the injection of the
Potassium Chloride, which stopped his heart.

As further detailed in Exhibit G, on May 19, 2010, at the DOC Pharmacy in
Richmond, the Pharmacist dispensed (or directed the dispensation of) twelve vials (6
grams) of the prescription Controlled Substance Thiopental Sodium, 15 vials (150
milligrams) of the prescription Controlled Substance Pancuronium Bromide, and 18
vials (720 meq) of the prescription Controlled Substance Potassium Chloride. These
drugs were delivered to Greensville Correctional Center, “L Unit,” the same day. No

13

lawful prescription existed for these drugs. These drugs were distributed by the
Pharmacist to the Team Leaders or their agents. The Team Leaders and their agents
possessed these drugs.On May 21, 2010, four vials of Thiopental Sodium, five vials
of Pancuronium Bromide, and six vials of Potassium Chloride were returned to the
DOC Pharmacy by an agent of the former DOC Director, at the direction of either

the former DOC Director or a Team Leader.

h) Substantially similar occurrences took place in March 2010, November 2009, July
2009, February 2009, and will continue to take place in the future.
Defendants’ Unli d Activities Cause Intolerable Degrees of Risk and Indignity, Proving the
Public Policy Basis for the Commonwealth's Regulation of Medicine, Anesthesiology, and

Pharmacy:

24. Defendants' actions have caused, and continue to cause, safety risks and indignity. This is
unsurprising, as they are engaging in highly regulated professions without licensure or due
authorization. For example:

a) The batch of Pancuronium administered to Mr. Walker on May 20, 2010 had been
recalled by its manufacturer over two months earlier, on March 16, 2010. See
Exhibit G (Controlled Chemical Disposition Record of May 19-21, 2010),
indicating Pancuronium Lot Number 07P132, and Exhibit H (DOC Documents
Pertaining to Recall of Pancuronium Bromide Lot Number 07P 132).

b

The Pancuronium administered to Ms. Lewis was obtained by the DOC Pharmacy
from the University of Virginia Hospital Pharmacy on August 23, 2010, without full
knowledge by the University of Virginia of its intended use. See Exhibit I
(university of Virginia Hospital Pharmacy Department Pharmaceutical Loan/Borrow
Record dated August 23, 2010), and Exhibit B (Perpetual Inventory Log for
Pancuronium Bromide with entries of receipt of Pancuronium on August 23, 2010,

14

and dispensation of Pancuronium on September 21, 2010)

c

2

The DOC injected Mr. Walker and Ms. Lewis with Thiopental manufactured by
Hospira, Inc. despite receiving a letter from Hospira on April 12, 2010 stating that
capital punishment procedures are not the intended use of that drug. See Exhibit J
(Letter from Hospira, Inc., to DOC dated March 31, 2010).

d) The Team Leaders and their agents have spent significant amounts time during
designated training sessions planning events such as barbeques, picnics, and the
collection of money for activities such as the creation of hats reading “One Team
One Mission.” See Exhibit K (Execution Team Log Entry, likely from May 2004).
In one session a rule was enacted that no “horseplay or talkings [sic]” were to occur
during execution simulations. See Exhibit L (Execution Team Log Entry dated
September 8, 2004).

e) The Director selected, and continues to order the use of, Pentobarbital as a general

2

anesthetic despite the fact that hospitals in the United States virtually never, if not
never, use Pentobarbital to induce anesthesia in a conscious person, that induction of
general anesthesia is not an indicated use of Pentobarbital, and that little to no
medical literature exists on the use of Pentobarbital for that purpose.

f) The Director selected, and continues to order, the dosage of Pentobarbital at an
amount 50% less than other states' departments of corrections use for the same

purpose;?

g) The Director has designated a “waiting period” after injection of the Pentobarbital,

presumably to allow the general anesthetic to take effect prior to the rest of the

procedure, but has chosen a time period of only 30 seconds — a period significantly

3 Although other states’ lethal injection procedures are not part of this pleading, Plaintiffs note that other states also
engage medical personnel, such as licensed nurses, in their lethal injection procedures.

15

shorter than other states' departments of corrections employ for that purpose,‘ and
half the length of time noted in the documents upon which the DOC apparently
relied in choosing its waiting period. See Exhibit P (document from WebMD
labeled “Monograph — Pentobarbital, Pentobarbital Sodium,” which reads: “The
onset of action is within 1 minute following IV administration.” Highlighting in
original received from DOC)

h

The Director has failed to direct that the Team Leaders nor any of their agents
engage in activity designed to determine whether the Pentobarbital has taken effect
prior to continuing with the procedure. In other words, during a lethal injection by
the DOC, no person performs any sort of “consciousness check” whatsoever prior to
injection of Pancuronium or Potassium Chloride. Injections of Pancuronium and
Potessium Chloride would be excruciatingly painful and agonizing to an un-
anesthetized person. The DOC has admitted in prior litigation that no member of
the execution team measured anesthetic depth of the inmate after injection of
Pentothal. See Exhibit O ( Excerpt from Responses to Requests for Admissions,
Walker v. Johnson, 1:05cv934 (E.D.Va. Alexandria 2006), at 37).

i) During an execution, the Team Leader is the only member of the execution team that
has a view of the condemned inmate's body. The execution team stands behind an
opaque curtain. The Team leader may look through a small porthole in the curtain,
or through small holes cut in the curtain through which the IV lines run. The Team
Leader essentially has a view of the sites where the IV lines are attached to the
inmate's body, as well as the top of the inmate's head, and cannot (and does not)
adequately gauge whether the inmate is unconscious after injection of the anesthetic.

4 Other states’ departments of corrections designate waiting periods between 2 and 5 minutes long.

16

Jj

k)

See Exhibits M and N (Deposition Excerpts of Secret Witnesses II and IV from
Walker v. Johnson, 1:05cv934 (E.D.Va. Alexandria 2006)). A past team leader has
stated that he did not look at the inmate during the injections, because he chose to
focus on the order of the syringes he was injecting. See Exhibit M (Deposition of
Secret Witness IV, page 23, lines 6-9: “I did not peek through the hole and watch the
inmate and the drugs. I concentrated on making sure I gave my syringes in order the
way they should be.”). Another team leader has stated that he was the only team
member with a view of the inmate from behind the curtain, that he could not see the
inmate's eyes, that he was never trained by nor had even spoken to a doctor about his
responsibilities as team leader, and received no training in assessing whether a
person is anesthetized. See Exhibit N at pages 38-39, lines 20-8; page 36, lines 13-
18; page 55, lines 19-21.

Prior to the execution of Mr. Jackson, detailed above, the DOC was asked by Mr.
Jackson's attorney to increase the dosage of Pentobarbital, to increase the waiting
period, and to perform a “consciousness check” on Mr. Jackson prior to injection of
the Pancuromium and Potassium Chloride. The DOC declined the request.

The Team Leaders and their agents have made careless and mathematical errors in
documents intended to record the amounts of drugs administered during past
executions. See Exhibit M (Deposition of Secret Witness IV), at pages 129-141
(describing oversights, mistakes, miscalculations, and “goofs”: “Q: Okay. Page
2710, in this case, it says that five vials of pentathal were destroyed. A: That's a
mistake in the form[,]” “Q: And does this indicate to you that five containers of
pentathal were destroyed? A: It says either four or five. There's two umbers mixed

together[,]” “A: On the pentathol, it signifies to me that they didn't write the right

17

numbers down. Q: Okay. A: Two grams of pentathol, that's four syringes, one gram
—it doesn't match. Q: Okay. A: They must have wrote the wrong numbers down on
destroyed. On the amount given — the correct amount was given, but on the amount
destroyed, he just wrote down | gram. Q: And normally — A: It's only — he wrote
down that there were 4 grams. If you look at this, you would think it was 4 grams
that was destroyed, when it was only 2 grams that were destroyed. Q: Okay. So
someone — whoever wrote this, wrote under amount destroyed 1.0? A: Yes. Q:
Which you don't think is the number of vials that were destroyed? A: No, ma'am. I
think that's the grams — because I think this is delivered — this chemical is delibered
in half a milligram — 500 milligram containers. And if you destroy four 500
milligrams containers worth, that's 2 grams. I think he just got confused when he
filled it out[,]” “Q: 2721, this one wasn't filled out. A: Correct. Q: Do you know
why that would be? A: Overlooked when we were doing the — afterwards[,]” “A: No
ma'am. It's showing that two syringes were destroyed. That's just a goof[,]” and “Q:
Okay. On the next page, again, here it says six vials of Potassium Chloride, but only
one syringe? A: Six vials of Potassium Chloride would not fit into a syringe, so it's
two syringes. Q: Okay. And 2729, again, it's not filled out. Just oversight? A: Just
oversight.”

In the past, when desiring to increase drug dosages to accommodate an inmate's
weight or other concerns, the Director has directed that additional doses of
Pancuronium and Potassium Chloride be administered — but not additional doses of
the barbiturate anesthetic. This is extremely dangerous, because (as stated above),

improper dosage of the anesthetic will mean that the prisoner remains conscious and

suffer an agonizing and torturous death.
m) Some Team Leaders and their agents who have participated in lethal injections in the
DOC have not held degrees higher than a high school diploma.

n

The Pharmacist releases controlled lethal injection drugs without designating, in
required forms, the person to whom they will be administered. See Exhibit Q
(DOC Controlled Medication Administration Count Sheet for Pentobarbital with no
inmate name specified).

oO

The DOC's last supply of Thiopental expired in October of 2010. See Exhibit B
and Exhibit F. The DOC's current supply of Pentobarbital will have completely
expired by November 2013, see Exhibit R (Chart Created by DOC with Chemical
Expiration Dates), and the Director will likely select a new controlled anesthetic to
take its place, or has already done so, because the DOC's previous suppliers of
Thiopental and Pentobarbital have ceased manufacturing and have prohibited

distribution of the drugs to the DOC due to their improper use in lethal injections.

Specific Remedy Requested:

25. Plaintiffs request the issuance of a writ commanding the Sheriff to summon the Defendants to
appear before this Court at a date set forth in the writ, pursuant to Virginia Code Section 8.01-
637(B) (“If, in the opinion of the court, the matters stated in the petition are sufficient in law to
authorize the issuance of such writ, a writ shall issue thereon, commanding the sheriff to
summon the defendant to appear at a date set forth in the writ.”).

26. Plaintiffs request, pursuant to Virginia Code Section 8.01-643, the remedy of a “judgment as is

19

appropriate and authorized by law” that the Defendants are “guilty” of the prohibited behavior

herein alleged, as well as “costs incurred in the prosecution of the information, including a

reasonable attorney's fee to be prescribed by the court.”
27. Plaintiffs also request the equitable remedy of an injunction against Defendants from further

engaging in these practices without due authorization or license.

The undersigned affiants swear and affirm that they believe the contents of this Information, Complaint

and Application to be true.

Respectfully Submitted,

Aube. LW

AZ
Meghan Shapiro, & | Christopher Leibig, Esq-
Law Office of Megh: apiro Law Office of Christopher Leibig
903 S. Washington St., #123 114 North Alfred Street
Alexandria, Virginia 22314 Alexandria, Virginia 22314
Ph. 703.915.9594 Ph, 703.683.4310

Fax. 703.349.1118

20

EXHIBIT A

25 X 10 ML Mutipte-dose Fiptop Vials BY only NDC 0409-4646-01

PANCURONT Fe
‘1 mg/ml] roniy use. rericerare UM imc/m LOTO1611-EV

i Mick | Bs only 173-6933
Pancurenium Bromide Injection :
[1 mg/ml] Te0307. EXP 1JUL2012

WARNING: Pancurontam injection say causa respiratory 47.58
depression, Facies for articia respiration sox: be immediatsly 2083111

HT
Hospira, Inc., Lake Forest, IL 60045 USA Hospira HCOC i i | |

ee ad

i Si " 3¢ 0409-4545-01 173-6933 |
"_ Mutiple-dose Aiptop Vials only NDC 0409-4545-01
romi 2. Fe LOTO1-811-EV
ronium Bromide injectio ANCUR:

jium bromide injection may cause respi 47.58 IPE
ities for artificial respiration must be immediates at Nil


[42 Potassium €hioride|~ ~

25 Units NDC 0409-6652-05
"729-3489

; %2q [for Inj. Concentrate, USP (2 20 mL Single-dose TUM
L ! {2 mEq/L} For LV. use. POTAS EOM

CONCENTRATE ian 5095236
BH prsc

IST BE DILUTED BEFORE USE.

HOSPIRA, INC., LAKE FOREST, 1L 60045 USA

. Tp] —- -25 Units/ NDC 0408-8853-45 —-—----—-
otassium Chioride

For LV. use.

B only

mEq for Goncontrate, USP (2 mEq/mL}| 20 mL Single~dese “129-3489
== 2MEQM

= HOSPIRA, INC, LAKE FOTEST, P. 60045 USA

LOT 89-600-DK
EXP IMAY2012

LOT 04-038-DK
EXP 1APR2013



E IT


ae ad Tah

i SB wpa SI OS TipEfn ST Sb rar np
A
<7 Sb we TS Sh ae ee Sh 07 wpe
—»y Sh om — Sh TOTS S) te) ye) nape
Sa | OF ee |S Sa rs
<> 39 epeey Ss oF RATS S) St ro apres
—<_™ Set on] r]e OS oy Sz — — Sz 107 OE TB
AMOLNAANI G3NUNLSY daNyNigYy GaSNadSIG GASNadSId ANOLN3ANI zis
STVILINI WLOL ava 4ANNOWY  ‘“WLOLans ava 4NNOWY =ONINIDAG §=—-3OWNOWd auva
dO | 390vd , =

pg, UY a ACINOUS WNINOYNONVd =:FONVLSENS GATIONLNOD
S@Z2z VINIDUIA ‘GNOWHOIN ‘VZZ-e WOO “SAIC SYOWLV 0069

AOVINYVHd SNOILOFYYOO - SNOLLOSNYOO dO LNSWLYavdaa

9507 AMOLNAANI IWNLaddad FONVLSENS GATIONLNOD


~ aid ee RA
Sort Behe aa wep | ere
Z : 5 | Fhrary — = fe
—LEN bE — — be Wee 3) as prox fu fe
a) cS Weel a rey | oS n Pare 0 207 rto-e ORY
—Vn 90) —_ — 307 Wank 3) At} rou orb
AYMOLNAAN! GSNYNLaY GANUNLaY GASN3dSId GASN3dSIG AYOLNSANI azis

STVILINI WLOL avd LNNOWY WLOLENS aLlva LNNOWY ONINIDRS B39OVWOVd alvd
do thaovd

FQIMOTHDWNISSVLOd §=‘FONVLSENS GATIONLNOO

S2Z€Z VINIDUIA ‘GNOWHOIY ‘WZZ¢ WOON ‘JAING SNOWY 0069
AOVINVHd SNOILOZYYOD - SNOILOAYNYOO JO LNAWLYVdad

907 ANOLNAANI WWNLaddad SONVLSENS GATIONLNOS


pal Tees, nye

Py) ei Wfufu € @ nyo [si el ys Npe/2
—zf" ol = | By ofeye [|S | res lid
= 9 a a7FPF |S = = er | 0s Wikia
~v =) u fai]? ay A mae! — Eye & res Dis €
=" G apr Ty S —_ — 7 7 7705 ae

: a
yn 9 a ek — —_— EF £ mos nfeipe
pYs PR wy IS Xe 9 W/Sy7
AMOLNSAN| G3NUNLSY GaNaNLgYy GasNadsid iebedad x ound azIs ONT
STVILINI WLOL aLva ANNOWY Wi0Lsns = alva ANNOWY 6 ONINIDZG = 3OWOWd ava
dO /:30vd

IIA [wos “ful 1W1/BwWog WNIGOS IVLIGUVEOLNSd :3ONWLSENS GAaTIONLNOD
S@ZEZ VINIDUIA ‘GNOWHOIY ‘WZZL¢ NOON ‘SAIN SYOWLV 0069
AOVINEVHd SNOILOZYYOS - SNOLLOAYYOO JO LNAWLYVdaG

907 AMOLNAANI IWNLaddad JONVLSENS G3TIONLNOD


=o= =o = a 1 Lad
|= 0 =| SEE ue ho
~y an isis BE on a3 a SS ees UpRES z
—~ 3S Ors A TS wipers “TT 29 wa ofa
7) €9 of OE t) Ts EE “o) ego 998 bya
are pst ya TS | ym | TT =9 pros bei
ay £9 = — 27 | bo/el =21 SL Pa Se SEE
—— Sy) Se bof ars ST seq oS = — OS | 008 60/7
~”) os bopae a] ae dofeye tT os 005 bop a[P
mM Os Py Bey eeu eye as bO/3]h 3S IS FW 90S Vi
V9 98 bys [es my Te bopafx = 3H agus Fiz]
an gh ae = Bh | 30 ez 7] a9 Ie Sify]
—epr - A — _ AD 30/6/e UY be ™ OOS Sapte]
AMOLNAANI GSNYMLaY GaNuNLaY QASNSdSIG GSSNSdSId |“ ANOLNSANI 3zis
STVILINI WLOL awa 4nnOWY ‘WLOlans  3iva ANNOWY SNINIDSZE = DOW aLva
HO Lovd = : :
WNIGOS IVINAdOIHL §==3ONVLSENS GATIOWLNOD

$7Z€z VINIDUIA ‘GNOWHOIY “WLZb¢ INOOY ‘SAIC SYOWLY 0069
AOVINEVHd SNOILLOAYYOD - SNOILDAYYOO JO LNFWLavdad
5071 AMOLNAANI IWN.Laduad JONVLSENS GATIONLNOD


IT.

H. Lundbeck A/S. '

i
Ottiliave] 9 Tit +45 36 30 13.11 E-mail information@lundbeck.com. bys
DK-2500 Valby, Denmark Fax +45 36 43 82 62 www.lundbeck.com —

Press release
Valby, 1 July 2011

Lundbeck overhauls pentobarbital distribution program to
restrict misuse

New ii drop ship prog will deny distribution of ital to
prisons in U.S. states currently carrying out the death penalty by lethal injection.

Lundbeck today announced that the company has moved to alter the distribution of its
medicine Nembutal® (pentobarbital sodium injection, USP) in order to restrict its application as
part of lethal injection in the U.S. Going forward, will be supplied

through a specialty pharmacy drop ship program that will deny distribution of the product to
prisons in U.S. states currently active in carrying out the death penalty by lethal injection. The
company notified its distributors of the plan in late June.

The new distribution program ensures that hospitals and treatment centers will continue to
have access to Nembutal for therapeutic purposes. Under the program, Lundbeck will review
all Nembutal orders before providing clearance for shipping the product and deny orders from
prisons located in states currently active in carrying out death penalty sentences.

Prior to receiving Nembutal, the purchaser must sign a form stating that the purchase of
Nembutal is for its own use and that it will not redistribute any purchased product without
express written authorization from Lundbeck. By signing the form, the purchaser agrees that
the product will not be made available for use in capital punishment.

“Lundbeck adamanily opposes the distressing misuse of our product in capital punishment.
Since learning about the misuse we have vetted a broad range of remedies — many
suggested during ongoing dialogue with external experts, government officials, and human
rights After much i lion, we have determined that a restricted distribution
system is the most meaningful means through which we can restrict the misuse of Nembutal,”
says Ulf Wiinberg, Chief Executive Officer of H. Lundbeck A/S and continues: “While the
company has never sold the product directly to prisons and therefore can’t make guarantees,
we are confident that our new distribution program will play a substantial role in restricting
prisons’ access to Nembutal for misuse as part of lethal injection.”

Lundbeck has initiated a thorough i igation of the distribution of to assess ways
of restricting prisons’ access to the medicine. Based on the initial findings, the company
believes its new distribution program is the best way to achieve this. The investigation will be
completed, and any possible further options that may be discovered will be evaluated.

Prior to the implementation of the drop ship program, Nembutal was sold through a more
standard process utilizing several distributors to fulfill orders based on whether customers
held the appropriate federal and state licenses for ordering controlled substances.

1 July 2011 Press release Page 1 of 2


Meets important medical need

Nembutal represents less than one percent of Lundbeck’s global sales but the company
chose not to withdraw the product from the market because the product continues to meet an
important medical need in the U.S. Nembutal is used to treat serious conditions such as a
severe and life threatening emergency epilepsy.

In a recent survey of more than 200 U.S. icians and is by
independent third-party research companies, 90 percent of the respondents stated that
options for treating patients requiring emergency control of certain acute convulsive episodes
would be compromised if Nembutal were no longer available for use. Furthermore, 95 percent
of respondents reported that it is very important for their institution to have access to
Nembutal for potential use in the medical care of patients. All survey respondents were from
academic institutions, large community hospitals or epilepsy centers in the U.S.

Contacts

Mads Kronborg, Media Relations Manager Simon Augustesen, Media Relations
Telephone (direct): +45 36 43 28 51 Telephone (direct): +45 36 43 49 80
About Lundbeck

H. Lundbeck A/S (LUN.CO, LUN DC, HLUKY) is an international pharmaceutical company
highly committed to improving the quality of life for people suffering from central nervous
system (CNS) disorders. For this purpose Lundbeck is.engaged in the research and

der i ‘ing and sale of i across the world, targeted at
disorders such as depression and anxiety, schi ia, insomnia, Hunti ‘Ss, i

and Parkinson's diseases.

Lundbeck was founded by Hans Lundbeck in 1915 in Copenhagen, Denmark, and today
employs 5,900 people worldwide. Lundbeck is one of the world's leading pharmaceutical
companies working with CNS disorders. In 2010, the company's revenue was DKK 14.8
billion (approximately EUR 2.0 billion or USD 2.6 billion). For more information, please visit
www.lundbeck.com.

4 July 2014 Press release Page 2 of 2

EXHI


ex VirGiINIA DEPARTMENT OF CORRECTIONS Effective Date: April 1,
Bo, (Controlied Chemical Disposition Record) Operating Procedure#460 (Attachment #17 )

‘ONTROLLED CHEMICAL DISPOSITION RECORD - VIRGINIA DEPARTMENT OF CORRECTIONS

x DISPENSED BY CORRECTIONS PHARMACY .
NaME OF CHEMICAL - AMOUNT DATE ISSUED LOTNO. EXP, DATE NUMBER OF VIALS
ENTOBARBITAL — 7.5 GRAMS uyayy £IOTORE 3f3 =
ODIUM THIOPENTAL — 6 GRAMS Ah —
ANCURONIUM BROMIDE - 150 MG ule[y of Yas. EV Wik A LS
OTASSIUM CHLORIDE - 720 OTE] oy Tseterb [89-600 afirt sia [- ig
iTAZEPAM — 20 MG “far Ub Sore | fie = 2
DEPT/LOCATION
Dec
? hanna oy
LOCATION OF CHEMICALS
LOC. 2- UN)
SODIUM THIOPENTAL A
PANCURONIUM BROMIDE. (ehtG — 2 oh,
POTASSIUM CHLORIDE GLO? Cg
g OC. ~ ti F
DEPT/LOCATION
GECa
Z tlh 7x
CHEMICALS ADMINISTERED AMOUNT
PENTOBARBITAL,

——s
3HEMICAL DESTRO NO. OF SYRINGES | DATE DESTROYED __| DEPT/LOCATION
'ENTOBARBITAL
‘ODIUM THIOPENTAL — ==

'ANCURONIUM BROMIDE

‘OTASSTUM CHLORIDE
WAZEPAM __. {

estRovEDBY: 7 [7]

is

DEPT/LOCATION

Lut
iATE RETURNED: CHEMICALS RETURNED AMOUNT RETURNED NUMBER OF VIALS
[PENTOBARBITAL 3
| SODIUM THIOPENTAL —
CIA | PANCURONIUM BROMIDE is is
POTASSIUM CHLORIDE Kd ra

Revision Date


EXHIBIT E

VIRGINIA DEPARTMENT OF CORRECTIONS. Effective Date: April 1, 2011
(Controlled Chemical Disposition Record) Operating Procedure#460 (Attachment #17 )

CONTROLLED CHEMICAL DISPOSITION RECORD - VIRGINIA DEPARTMENT OF CORRECTIONS
aos

[CALS DISPENS! R HARMACY
| NAME OF CHEMICAL - AMOUNT DATE ISSUED LOTNO. [__ EXP. DATE NUMBER OF VIALS
| PENTOBARBITAL — 7.5 GRAMS gfiy[ii $7i06S3F | 3/13 3
SODIUM THIOPENTAL - 6 GRAMS bf a ——s 1 : —s =
fapu Hie OEV ME aja fie L
fof Sb. Yor~ DK | afi 1f
giayn qiess ie | of z

I LOCATION OF CHEMICALS
be une

DEPT/LOCATION

L- unit
CHEMICALS ADMINISTERED AMOUNT,
PENTOBARBITAL BS. cyeems
SODIUM THIOPENTAL 2
PANCURONIUM BROMIDE 50 Mm Sane
‘POTASSIUM CHLORIDE AY Men,
DIAZEPAM. C 16 mags ns

AMOUNT DESTROYED | NO. OF SYRINGES DEPT/LOCA’ PION
3S Some a 3 “Une

SODIUM THIOPENTAL Nig
PANCURONIUM BROMIDE. [ast 2 L-uUnert
POTASSIUM CHLORIDE Pes =18" SOU b= unt
DIAZEPAM = 1k Sort Late t SD |
ESTROVED BY. : DEPT/LOCATION
L-unid
19
DEPT/LOCATION
ts
[(SIGN AND PRINT NAME nt Un t
CHEMICALS RETURNED. AMOUNT RETURNED: NUMBER OF VIALS
PENTOBARBITAL RR Aa
SODIUM THIOPENTAL NTR
PANCURONIUM BROMIDE, ” i
POTASSIUM CHLORIDE
DIAZEPAM ! i
SDTBNED | = DEPT/LOCATION |
Pa DOE Pharneny |
""*GN AND PRINT NAME) |

lof! Revision Date



—_—

CONTROLLED CHEMICAL DISPOSITION RECORD

F CORRECTIONS

IDATEISSUED LOT NO. EXP. DATE INUMBER OF VIALS
HOPENTAL SODIUM - 6 GRAMS at Th~ S92 -DE Jo i
IPANCURONIUM BROMIDE - 150 MG afzrfio $%~ Sig -EV atta eS
[POTASSIUM CHLORIDE - 720 MEQ. Brihe \re-4s¢ - DE afi a
DIAZEPAM - 20 MG_ thrfio AES So et (210 ~
RECEIVED BY: E) DEPTILOCATION
of
beac uy
DATE Ss JAMOUNT LOCATION OF CHEMICALS
G Fe 0 FRIOPENTAL SODIUM 1 Lttent
IPANCURONIUM BROMIDE is— TF a
POTASSIUM CHLORIDE JS Z a
[DIAZEPAM CE
(SIGN AND PRINT NAME) BY: (SIGN AND PRINT NAME) IDEPTALOCATION
Z wor #
CHEMICALS ADMINISTERED |AMOUNT
PTHIOPENTAL SODIUM 2 ayemns =
IPANCURONIUM BROMIDE
POTASSIUM CHLORIDE me a
DIAZEPAM _.
7

BY: (SIGN AND PRINT.

RETRIEVED/

IDATE RETURNED |CHEMICAL RETURNED

AMT RETURNED

|NUMBER OF VIALS
THIOPENTAL SODIUM 74
aay /h 0 |PANCURONIUM BROMIDE i“
POTASSIUM CHLORIDE oO
fl DIAZEPAM ri
iA

RETURNED BY: _(SIGNAND PRINT NAME) | RECEIVED/ (SIGN AND PRINT DEPTILOCATION

es

EXHIBIT G

CONTROLLED CHEMICAL DISPOSITION RECORD

VIRGINIA DEPARTMENT OF CORRECTI

IONS

oH : SED BY: or
INAME OF CHEMICAL - AMOUNT IDATEISSUED LOT NO. EXP. DATE {NUMBER OF VIALS
ITHIOPENTAL SODIUM - 6 GRAMS Shafi 76~S¥2-D 1o[re tz
IPANCURONIUM BROMIDE - 150 MG £hayin s mi fi
| [POTASSIUM CHLORIDE - 720 MEQ. higfig O61 Slo fi
| [DIAZEPAM - 20 MG SATIN ial oct pero zx
|
| IDEPTALOCATION
Dec
Phar nt
| mm
DATE Ss |AMOUNT LOCATION OF CHEMICALS
6 IOPENTAL SODIUM TE
5-19- 208 PANCURONIUM BROMIDE. Aa Twa \
POTASSIUM CHLORIDE zy
DIAZEPAM w]
(SIGN AND PRINT NAME) IDEPTILOCATION
Lua
- DATE ME INMATE NAME/NUMBER ICHEMICALS ADMINISTERED AMOUNT
B-aod-acie gis THIOPENTAL SODIUM Dam:
|PANCURONIUM BROMIDE be
POTASSIUM CHLORIDE 240 MiEC
DIAZEPAM 10 Me
>
ICHEMICAL DESTROYED JAMOUNT DESTROYED INO. OF SYRINGES [DATE DESTROYED IDEPTILOCATION
THIOPENTAL SODIUM ms CHT a 5-30-16 be unit
IPANCURONIUM BROMIDE 70 mals) {
POTASSIUM CHLORIDE. QUO MIER TG) a
—Zi_
DESTROYED BY: (SIGNAND PRINT NAME) WITNESSED BY: (SIGN AND PRINT NAME) IDEPTILOCATION
L-unt
GCC
11n92E¥
(SIGN AND PRINTNAME) — |RETRIEVED/ (SIGN AND PRINT NAME) IDEPTILOCATION

DATE AMT OF VIALS
THIOPENTAL SODIUM ¢

Ku / 10 PANCURONIUM BROMIDE =
POTASSIUM CHLORIDE ra
DIAZEPAM l

Ri A AND PRINT NAME) RECEIVED! (SIGN AND PRINT IDEPT/LOCATION

ini aii |:


EXHIBIT H

MESSAGE GRAM

CardinalHealth

FROM: CARDINAL HEALTH

PHARMACEUTICAL DISTRIBUTION

4 CARDINAL HEALTH CT 3/16/2010
GREENSBORO, NC 27407

FAX :1-336-834-5353 ; Recuyed recall afer fi

** URGENT PRODUCT RECALL ***
* Retail Chains: Please follow your standard corporate policy for recall items. **

Dear Valued Customer: Notice - Please sign and return this form to Cardinal Health.
According to our records you have purchased an item that has been recalled by tha manufacturer. Please
examine your stock to determine if you have the following products with the affected lote on hand. see
below for product disposition instructions. If you have any questions please contact Cardinal Health
Customer Service.

TTEM: 1229210 PANCURONIUM 2MG/ML 25X5Mb NDC#: 00703282304

MANUFACTURER: TEVA PHARM USA
LOT NUMBERS; 072128 07P132

REASON FOR RECALL: Unclassified retail level xecali. Manufacturer recall because aome vials do

not meet specification for related NDC#s on single vials of
affected Teva product are 0703-2812-01, 0703-2623-01 & 0703-2804-01. Return
product to Cardinal Health RCL#H01-964

Signing this form provides Cardinal Health regulatory documentation that you received this recall notice.

* Please sign and return to Cardinal Health, indicating the amount of Product you are returning, even if it
is zero. :

* Tf you are returning product to Cardinal Health, include a Return Authorization (using return code 60) in
order to receive credit.

* Partials of recalled Controlled substances must be returned dixectly to the manufacturer to receive credit,

* Partials of recalled Non-controlled substances may be returned to Cardinal Health. Partials of less than
25% of the original package quantity will not receive credit from Cardinal Health,

, WEY -— nr RETURNED:_ {5 Recall# 006015

Qt At, & 637073
TO: Cust#: 384436 245-935
CORRECTIONS PHARMACY
6900 ATMORE DRIVE ROOM 3127A

RICHMOND, VA 23225


DEPT OF CORRECTIONS Fax 8046743684

Pl

*x*k Transmit Conf.Repo

Jul 21 2010 02:13pm

Fax/Phone Number Node [Start Trne_[Page le sutt-}—Tote

913368345353 Normal —|21:02:12pm) 1°90 2 |* 0K

CardinalHealth

FROM: CARDINAL HEALTH
PHARMACEUTICAL DISTRIBUTION .
4 CARDINAL HEALTH CT srter2nig Lon
GREENSBORO, NC 27407 -
FAX 1-336-834-5353

* URGENT PRODUCT RECALL **
* Retail Chains: Please follow your standard corporate policy for recall items. *

Doar Valuad Custonec: Wotice - Please sign and retusa thie fora to cardinal Health.
‘According to our zecords you have puschawed au item that hee bean recalled by the aaayfacturer, Please
‘examine your stock to determine 4f you have tha following products with the affactad lots on hand, Bee
below for product disposition {etructions, Zf you have any questions please contact Cardinal Health
Customer Service.

‘YEN: 1229210 PANCURONTUK 2uG/ME, 25x5ML Nock: 00703282508
MANUPACTURER: TEVA PEARN U5A,
‘OT NUMBERS: 075128 077232 *

‘EASON YOR RECALL: Unclassified retail level reoall. MaauEacturer necell because sone viale do
not moet apecification for velated aubstances, NOCHs on wingle viele of
affected Tova product are 0703-2522-02, 0703-2823-01 & 0703-2804-01, Retwn
Product to Cardinal Health on¥oa-964

Signing thiv fora provides Cardinal wealth regulatory docungntation that yon seceived this xecall notice.

* Please eign and return to Cardinal Wealth, indicating the anount of product you axe returaiog, even 4€ de
ig aero,

+ K€ you are xeturniog product to Cardinal Mealth, inclede a Return Authorization (using xetura code 60) io
order to receive oredit.

+ Partials of reca}ied Controlled substances must bo returned directly te the manufacturer to receive eredit,

+ Partials of xecsliea Non-Contiolled Substances aay ba roturned fa Cardinal weulth, Partials of les# than
454 of the original package quantity will act receive eradit Erom Cardinal Wealth.

eA ———~Frounr reunven. 1S

Ret AR & 637073
TO: Cust#: 384436 245-935
CORRECTIONS PHARMACY
6900 ATMORE DRIVE ROOM 31274,

RICHMOND, VA 23225



- Check One:

UNIVERSITY OF VIRGINIA HOSPITAL
sy PHARMACY DEPARTMENT
PHARMACEUTICAL LOAN/BORROW RECORD

Date shafio —_—

O Loan To O Borrow From x Sell To

Hospital Name: Coree Ds Pharm y Telephone #6. 5/- 6 7.366)
pete,__¢/23 fra ____Contact person: &) | ( $6

Price: 47 FO

Price:

Price:

Price: P
Price: :

Price:

Price:

UVAH Pharmacist:

Method of Transportation:

Received by: _ YeN a ~ :
All loaned items should be returned in thirty (30) days or please remit payment. If you have any ques-
tions, please call (434) 924-9945. .

Items should be returned to: Pharmacy Department

University of Virginia Hospital - University of Virginia Hospital
Loading Dock — Lane Road Pharmacy — Box 800674
Charlottesville, VA 22908 Charlottesville, VA 22908

; ° (U.S. Mail)

(UPS or FedEx)


EXHIBIT |


RECEIVED

; APR 12 2010
' Deputy Director, Operations
March 31, 2010
Virginia Depattment of Corrections ‘
P.O. Box 26963
Richmond, VA 23261-6963
To Whom It May Concern: ~

Out company is aware that thtee prescription drugs - Pentothal’, (thiopental sodium for
injection, USP), Pancutonium Bromide Injection and Potassium Chloride for Injection, USP
—have been used by some cottectional facilities in the United States to administer the lethal
injection in capital punishment cases.

As a manufacturer of all three agents, 1 am writing to inform you about Hospita's position on this
tnatter. Hospita provides these products because they improve ot save lives and markets them
solely for use as indicated on the product labeling. As such, we do not support the use of any of
our products in capital punishment procedures. ‘

We realize yout cottectional facility is able to acquire most products through a vatiety of soutces
without ordering ditectly from Hospira. Nonetheless, we felt it was imp to cc
our position to you.

_ Youts sincetely,

KeéS Gioenhout, MD ©
Vice President, Clinical Reseatch and Development
Hospira, Inc. =
. 1 )- QS ake,
bo wee Oe fy eee. pe
Hospira Inc.

275 North Field Drive

Lake Forest, IL 60045
vaw hoapire.com
Kees,Groenhout@Hosoira.com_
+1224 212 4829
aie 4 Phe



om + gh és SF Tal.

->. DAG Correctzonal Lit; Frage ea

Received: 12/23/05 S:43PMi -

CY) 12/29/2085-_ 18:34 PAGE 24/23

valle oo,

on een A é woper

4 By wri gt Lee fiom.
I 4 oS oe ae ‘Ukr dues be
@

tno One Learn. Ont mi steen Me en
x neo om +

~ Name on Vee
- Drom conch om SUE Btchi wte WA lee, She

— yok Ons = . a ue
+k crane nn foz- Gere Cea dwt

Aoi Z ‘ ;

$00 pS Palas *

Bee ont eae



: 5 ee ume wurreBnaoras Laty THUe <r

GRCC WARDENS OFFICE PAGE 27/2
; ‘ 2

7 aes wate ere anak
Fb OO LL teres. Gome

.

ein, cee | an Stave.
E ” Q

ee Yen a . a”
fi . fact Train 125 a Pree, eS *K
é Mo ore Planks ete Lene teas CA ere Dram un Aa rps §
: Pact ass *

a. Bveryerd. needs

: "q fox cael Armas ' . ; <u
: ‘ : le WoO par beige
O Z- Darra treme Sessserys Cer gles «ae fore pr

Fe Ae ow hb since ae ae Apes y eng

Dasearey Arp iey siemualatiors S

get fed br gSa 7
; y ¢ Le BPP ek el Lh tad thr in,


EX!

C

NO a-R wo tw

Direct Examination Secret’ Witness IV
f

making sure that everything's done right., Now, if
the assistant tear Inader is it the executioner,
and it's somebody else, they're going to be~
whoever the executloner is for that execution will
be watching the drugs be drawn up. .

Q > Okay. And is that person also the
person -- whoever is actually administering the
drug, is that also the person that's looking through
the port hole? J

A. Looking through the ~~ when would =

Q We've been told that In the curtain --
there's a curtain that goes ~ that goes across the
room, and the prisoner's on one side, and the
execution team ~ or the |.V. team is on the other
side?

A. Yes.

Q_ And that there's a port hole In that
curtain?

A Yes.

Q_ And that the person -- the team leader
Jooks through the port hole at the prisoner while
the drugs are being administered; is that correct?

A. If that's how the executioner wants to do
that, yes, He can look through the port hole if he
wanis to while he's administering the drugs.

JA523


N

© @ AN oO om &® wD

Direct Examination Secret Witness IV

23

Q > Okay. Allright. Does that always
happen?

A ican only speak about the three times |

was the executioner. 5

Q_ And what happened in those cases?

A The three times | was the executioner, 1.
did not peek through the hole and watch. the inmate.
and the drugs. | concentrated on making sure | gave
my syringes in order the way they should be. Which
we do have somebody -- an 1.V. team member normally
standing right with the executioner handing them
syringes in the order that they're supposed to be
given. And we always have a backup.

Q_ Soin the times when you weren't the
person that administered the drugs, what were your
responsiblities as a member of the |.V. team? ,

A When | wasn't the person giving the
medications, my dutles Included the day before the
execution we would have training. We would train
on — we have mannequins back there if we need to
use a mannequin.

But when we would do a run-through, we'd
actually tape an ~ we'd tape an |.V. tube to the —
after we put the member of our team down on the bed,

after he was strapped down, we would tape parts of

JA524


|
|
|
|
[

a mR wo ow

Direct Examination Secret Witness IV-.--

* 25

educational background? You don't.need to identify
the institutions, but just — like do you havea |
college degree?

A No, ! donot have a college degree.

Q Doyou have any kind of post-high schoo!”
degrees? .

A No, ma'am. | was in the United States.
military after high school, where | was a combat
medical specialist,

Q And.whatis a combat medical specialist?

A. It's equivalent to a Navy corpsman. It's
the same training. The only difference is we
were ~ half of us end up going to field units, and
I got lucky enough during my five years in the
military spending a lot of time in hospltals.

Q ‘And as part of your military training, was
there a school that you attended?

A Yes, ma'am.

Q And was that a military run school?

A_ Yes, ma'am.

Okay. And what was your specialty? [

2

mean, just describe -- you know, how long did it

last, for example?
A twas aboutthree months long. We

learned a little bit of everything, We spent a good

A526


y
&

* * *
Direct Examination Secret Witness IV

31

MR. VORHIS: Do you want to take just a
short break? ee
MS, ENGLUND: Sure.
, (A recess was taken.)
BY MS. ENGLUND:

Q_ So! just want to ask one follow-up
question, which is in your time In the mllitary, did.
you havevany experience administering intravenous
anesthesia?

A No, ma'am,

Q And then in your Job in the department of

corrections, other than on your ~ with respect to

your role as an execution team member, do you have

any
A. | didn't administer Intravenous anesthesia
in the department of corrections, | don't consider
what we did on the execution team as anesthesia. —
Administering anesthesia implies you're going to put
aomebody to sleep and bring them back. That's not
the purpose of what we were doing on the execution
team with the pentathal ar Pavulon. It wasn't to
bring the person back. We were making sure that the
person wouldn't come back. ‘
Q Sol canask an overall question, which is

have you ever had -- do you have any experience


ee Oe
Direct Examination Secret Witness IV
35

A_ As far back as,! can remember doing them.

Q Okay. And it was always — by standard
dosage, | mean the one prescribed in the protocol?

A Yes. ; -

Q_ And to your knowledge, has anyone ever
recelved.a different amount of Sodium Thiopental
during an execution?

A Everyone -- all the inmates that ! was
involved with received - should have received the
same amount,

Q Okay. And then the next drug Is Pavulon?

A Ub-huh.

Q_ And the dosage here is 50 milligrams? :

A Yes, ma'am.

Q_ And to your knowledge, has that always
been the standard dosage?

A There was at least one inmate that |
remember that received more than 50 milligrams of
Pavulon. That was something decided prior to his
execution. :

Q Was that Lem Tuggle?

A That was Lem Tuggle.

Q_ Do you know why it was decided to give him ©
more? :

A The folks that decided ~ Mr. Tuggle

JAS31


Direct Examination Secret Witness IV --,

36

+ weighed about 350, 400 pounds. He was a really big

_2 fellow. We wanted:to make sure he had no problems.
3 So they decided beforehand to incraase the dosages

4 on that.
5 Q Okay, And you're refetting to folks at

Atmore?

~ oO

A Yeah, the director, the deputy director
8 and the physician involved.
9 Q Do you know specifically who those people
40 were at that time?
11 MS. TEWOLDE: With the exception of the
OC) 12 physician, you -- fo the extent that you
13 know -- objection. : ; _
14 ‘To the extent that It identifies anyone, |
415 instruct you not to answer with the physician,
16 but you may answer with the other staff .
“47 members.
48 A That would have been Ed Mortis, who was
19 the deputy director at the time, and Ron Angelone,
20 who was the director,
21 BY MS. ENGLUND:
22 Q Okay, And without giving us his name, do
23 - you know who the doctor was?
24 ; A Ubshuh, Yes, ma'am,
25 Q And was it the chief physician of the

O

JA532


©

Direct Examination Secret Witness IV

37

1 Virginla Department of Corrections at the time that

2 would have been involved in that decision?

3
4
5
6
7
8
9

MS, TEWOLDE: Objection.
instruct you not io answer that
question,
| think the question is was there a
physietan that made that decision, and you've .
asked that, and he said yes. Interms of who
. itwas, | think we'll object to that and I'l ‘
instruct him not to answer,

MS, ENGLUND: Okay.

” BY MS, ENGLUND:

Q Do you know what information they had in
front of them when they made that decision?

A_ | know they had his medical record.

Q Okay. And do you know if they consulted
with anyone outside of the Virginia Depariment of
Corrections? .

A [have no idea,

Q_ Was anyone at Greensville involved in.
making that decision?

A No, ma'am,

Q_ And you said that they were worrled about
problems?

A He had --he was extremely heavy. And we

JA533


Direct Examination Secret Witness IV

38

1: just wanted to make sure that the medications were
adequate for his weight. : : . oa
Q Okay.

A Is what they wanted to make sure. Not

ee
3
4
5 “we.” At Greensville, we just did as we were told
6 todo. But they were worried about his weight, and

7 wanted to make sure thathe was given-enough sohe.

8 wouldn't have any pain or problems at all.

9. Q Okay, Allright. And then the third

(0 drug ~ so other than Lem Tuggle, are you aware of

4 anyone who received a different amount of Pavulon?

12 A Notthat I'm aware of

13. Q_ Okey.

14 A While | was a member of the team.

15 Q = Okay. Do you know why they decided to

6 double the dose for Lem Tuggle of Pavulon, but not

7 of the other drugs?

8 = AT have no idea.

9 —@ Allright, So the third drug Is Potassium

0 Chloride?

21. A Yes, ma'am.

22 MS. TEWOLDE: Excuse me, we have found the .
23 document. And so for the record, Witness 4

24 will be using the DOP 426, which Is the current

25 version and was initialed at previous

JA534


129

(© Socan yovtl tom his how many vals
the parson actualy reohed?
‘A. would naedto eo time cur ont
wwobovelk,
IMs, TEWOLDE: Were workng on.
‘THE DEPONENT: Otay, Insony.
MS, ENQLUND: Well stip that one,
MS. TEWOLDE: Hors,
MS. ENGLUND: Those
words.
BY MS, ENGLUND:
2 You neve thet card or Mi lon?

amito.be fhe magia,

A Yge.maam,

And what does that Indica o you?

‘A By ooking atthls time car this
execution wet on wihout any exe mediate,
Evartlngloks ke vas van athe roma
tine reme.

© Okay, And sod youtink he aneuns en
hase forms shoud be ills adnnistred,
and vials. desoyod?

‘A. Yes, rata, i! as}st an aor onthe
‘eum, Which would have Been cauph and coracies
‘whan he ook thé meeallon back,

8 Sopage2712, does this form nto to

you thal Mr, bls rated 12 isl Potssium
Chien?

A Yosumavem,

© Andinat’s 480 ilfoguvalonis?

A Yes, mean,

(© Andinen the provious pape, 2741, does
‘his inlcateto you that Ns West rowed 12
as of Potassium Ghote?

A Yoo mate.

Andina’ 480 mileguvelems?

‘A Yos,me'em.

© Ang be, Wright thin when we save hls =
the ormthal shows Whar tho LV.s are ineatad,
you thought he night have haen the pareen whore ne
‘tthe nes weet and? *

‘A. Gores, |thinkcne was he gentleman
‘hat-vet, ne ne worked itty, but
somating mis havo =the way he moved his am or
vhatver, nt lore we slated, must Mave
‘lar gone up agenst a vel or sematting. Wt
‘wasn working ~ was wortng just wasnt
woidng wal enough fr uslo~ forthe exgeulonar
tobe comionabie enough a use

1MS, ENGLUND: Ory, Banel oan we have
thanenerones back agen?

Pro Bono\Walker

Secrat Witness IV 2/17/2008 10:09:00 AM

13

BY MS. ENGLUND:

© Sothose ste mora recenlenes, And you
turn fo pages Betos Numbar 12%

‘A. Yos.mam,

(© Does ths Inloate ta you that
Me. Parson rcolved 12 Vis of Potassium
chide?

A Corres,

© And a's 480 ienuveants?

A Yos;matam

@Soctharshan the ones that we've jst
one through, are you aware end this isa @
meriory ts, 0 dort fee! ~ ol enyone who pot more .
than the presorbad dosage of Potassium Chloride?

‘A. Notthat oan remember,

Q Okay, Alright. 80 beet that ~
‘vats boon markad as Ex F, On page2705,
thats Mr, Quesinbony, Ti cites that no
Poinsslum Chloride was dasvoyecisthal ight?

‘A. Thats whattho shest shows, yes, ma'am.

2 Doyou know why tral would be?

‘THE DEPONENT: Gon leoe tha card on hen

byehenes?

‘A Ma'am here's the cord,
BY MS, ENGLUND:

"Okay. Great,

‘A. Bythe.ardil appears tobe a normal
procedure being flowed, | woud say har would be
‘an sror onthe shast thal would bs caught when they
took the mediation beck. beoause we aivaye crew up
two sats, Andby tis ead he only recalved ane
sa that gan ee,

@ Ane sobetwoen the sheet and ie card,
‘which one s more Thslyobe rela?

‘A. On this inmate ner, the on ight hare,
the card,

Andis that posauee you ed thal out?

A. ciel, tls snot my handling,

So why do you think thal that's more
hely obo rela?

‘A. Because we would have given a sscand
ol potesslum, we would have documenta i

@ Ilyou desttoyes potassium, woul you avo
leoumaniad that?

‘A. Normalyt would have been documented,

‘yea, ma'am, x
Q. Okay, Page 2710, In his ease, pays
‘hat live late of pentathal were destroyed,
A. Thatls a mistake in the form.
@ Okay, So do you thinkihet should be

Page 129-132


O

‘at that’s ove I nomaly 7
‘A. Will hat and ha the amount hal he was

10 administered bul tacking atthe amount

114 edrnistrou dung the xecaton, he was

12 echinlstared 9 normal encun of ~ ora presotbad

39 smnount of macleatonfortha of he dhuus = and

“14 this was ust somabetiy wes probably ~ we wera balng

18 rushad or something to gs the form out to ~

18 thay cen take he Ima lothe morgue, and they But

17 down the wrong aumber.l would have been corrected

18" when thoy went lo central pharmacy,

9 MS, ENGLUND: Otay. These documents, ara

20 these contieriar?

a MS, TEWOLDE: Letralooi. 1906 that

22 thore's something else aah to?

a

Py

5

1 toure
2 A Nshould be fou ro, sty, and 212,

8 Q Doyou have any momary ofthis partcular
4 expoutton?

6 A No,ma'am,

6" QAndso tha baslaloryour conclusion that
7 Itshould bo tour vials ad no syringes isjust —«
8

8

‘MR. COLUMBUS: Its ust the Xerox of
ie C
MS, TEWOLDE: Oley. No, thats tna,

1 MG. ENGLUND: Olay, Sots mercthese
2 as Exh H. Ands0 Bint wa Just do one

8 ehibilforine te eaesandhave them all be
44

5 {Dacument make for Mdentitestion
8 purposes as SH4 Exit H)

7 BYMS. ENGLUND: :

8 Soyauhave ntrontot you whats been,

9 marked as Exhibit H, Andere you amir with

40 these kinds of documents?

1A Yesymaom,

42 Wholere hey?

48 A. Whonwe destoyedto ponlatha, whichis
114 conto, we have todo afeimon it forthe DEA.
18: @. Andeothio~ te anounts hore ~so this
48 rfleots dasiscton ol palatal ol returning

a7 we

18 A Dorrct, This Is when we destroy this

19 Se forthe penta when we desir tho penta,
20 0 Okay. Sofmodingtadieet~ first rm

21 going to divest your anenion~sthis asworpage
22 tormoris te one-page wih wrtng on bot sidas?
28 A. Ms e.wo-page~8.en-paye with ang

24 onboth front end beck

25 Ando you know whan was in your fa

Pro Bono\Walker

Secret Witness IV 2/17/2006 10:09:00 AM

135,

sid you copy t twa sidad, or you have lt In
‘ere tho way te now, tn this exile?

‘A. Wo baal te way Hisnow, bocauss wo
‘nad a cheep sopy machine,

@_ And fm going to direct you towards tha
‘bark of hs ext, Oo you sxe pages ~ starting
‘on page 2783, {think = no, 2758 through 2778, Do
you 306 how those ara ai jusl the sscondkie?

A Yes, vem, A we a

 iethathow thoy worain your records,
too?

A. Normally we copied only ona side, wat
copy the font sie, tmnot sure why theyre
ustthe backside, :

(© And do you ecallin the past wo weeks ot
so whan you ~ dd you raviaw those parcular
‘dooumens tn the pas wo Weke oF 307

‘A. Hooked ata few ol them. And once |
naw wat they were, ita ke, okey, goed, you
know what they were,

© Okay, Solimgcing todireet your
attention io pages 2761 end 62, Arclsthis the
record of wien the pennahel was desioyad for
Mr. Flzgeraldsoxecullon, the one we ware lectin
atbetore~ t's page2710 of tat document,

136,

Esai
‘A. The dates te up.
@ Olay. Andes nis Indtoate to youthat
‘ve contsiners ol pantathal wera destroyed?
‘A. saya etter fourof tive, Tara's > 3
numbers rx i together,
<Q Olay. And do you have any independont
‘marary ol dasiraying he pentathal on that date?
A Mo porsonoliy, | didnt destroy ne
pectatha on that dete,
@ Obey,
'A. sory, but Ihe parson who destroyed
tho pantatal wouldbe the porson who tila the
form out. And that's why lean say | ddn' destroy
on hel day, because that's note,”
© That not yourhendwllng?
“A. Ro,notat a
Q Youcan setthat aside for ight now So
‘book to Exhibit F, 2717, Here # gaye in the arrount
doslroyed, for pentatha, what does ~ what do thes
‘numbers sigaily to you?
‘A Onthe pontatha, it egnlties to me that
thoy edn waa tho ight numbers don,
@ Okay,
A. Two game of pemtatal thats fout

Page 138-136


rn

4. yfnges, one gram t coesnt mach,
2 Q Obey.

3A. They mus! have wre be wrong nub
4 down on destroyed. On the amount glven = tho
5 correct erqunt was given, but onthe amount
6

7

8

o

destroyed na ust wrote dou 1 gram,
And normally
‘A. tsonly-rhe wrote down that there wars
4 rams, If you lok at hia, you weld thi
40 was 4 prams that was destoyed, when i was only 2
44 grame thal were destroyed, .
Okay, Somameons--whosver irate this,
‘wrote undor amount desioye 1.07

2
a

uA Yes.

18 @ Which you don! thinks the numbor cf
16 vlels tal ware destroyed?

47 Nevmatam, think tha’ tho grams-»

48. because !shink this Is dlivered~ his chercal
19s dolvered in half a riligram 600 raligram

20° containers. And if you desta four S00 niles,
21 conteinate worth thats-2 grams. think ho jus

22 golcanlused when he filsit ut,

23 @ 2721, 1nisonp wasted ut,

2h A Correcl,

2 © —@_Doyou knowwhy that would bo?

4A GQveriooked wher wo were doing tha ~
2 afterwards, It would have been eaught when we went
‘Sto pharmacy.

4 Q Okey.

BOA hin wa

6 “THE DEPONENT: Do we think there's a Ume
7

3

2

|A. Wien woud showihal te coectduge

40 wore olven during the executlon,
11 BYMS, ENGLUND:
2 Q Okey, And you have in ironl of you the
43. ttme card tor-- I don't jon hovr to pronounas
4 that
ts A Mata,
48. What does that Indinate to you?
17 A Tomaltinoates hl wo started he
xenon ile lt, shih would mon tho cours
wmeinvlve, trwatsaoxoeuton oy tok
‘vo rinuls. two thre nes. It shows that
was =i went by nom procedure.

(Okay, You seid that wat ie the
cxceuton stot?

‘A. Onis axacuton was polonad st
994, and ihe econe aul arog a 08

Pro Bono\Walker

18

Secret Witness IV 2/17/2006 10:09:00 AM
199
pm
{@- Ands0 hich one of nove tines Indcatas
loyoutnat ht stanad aia?
‘A. Because nermally tho inmates are
‘postloned around 00, We carry oul ha order al
the course 9:00, And 9, 02, 8:58, someuhere
‘around there is when wa position the Inmale to the
lable ie 834, that mens tt the couns may
‘pave been invcvad wih I, Supreme Cou, nat . .
‘hearing beck fram them In timo,
{2 Sota te that he person a potionad,
wha coastal medn or sll?
‘A Twepperson ~ the time the masa
posiioneds the tm that he's brouph trough tho
or tno tho exseuton chamber and poslioned onto
‘he exaéuton table
Q_ Solnthis case belore 8:84, ho would not
‘have aven basn in the executlon chamber?
'A. Novmtam, He veld have boon sin
the ete.
O Okay, Tuming to 2725, does this Indicate:
to yu that 12 las of Potassium Chora were
asvoyoa?
‘A. Thate what ouys down ther, But thet
‘would mesn we desttoyed all of it, And that would

nave beon caught when we took the drugs back (f
‘you look ero the rubar ol syringes, we only
destroyed two syringes, That's only six vials.

Q Wasttevarthe case that the thi sot
‘was desiroyed lor eny fenton?

A. No,maam, The third sel never got davis
up the ent ine | was on the ~ sight years [was
‘onthe executon loam, We nevar touches! the thd
sot,

Have you decided not avan to use carisin
vials because they ware crackad or expired or
anyling ke that? id thet evar happen?

‘A. No,matam, First ot all thoy wontent
send us any expired drugs. They would ivays send
us~ everthing wahad was within dale. Whey ;

‘hae somalhing that was geting loss to being
explrad they would gond ito us so t would be
used bolore I's explrad.
‘And hey've sent us some thal It says, Use
fst, galing close to date, We'd une that a5 th
primary ofthe boclup sel. depending Ithe .
‘exeputioner pled
‘Wenevarhad a viel core dav that was:
tampered or damaged. li we él, we would not have
‘used Rand wo would have documented I.

Page 137-140


181

ves ut astagt nats pease tn
this case iat are wore set that war dsiroyed
‘but naver dra ino eygos?
‘A Nocmaram, ite shoving that wo syngee
‘wore destroyed. That Wet .900h
2 oay, On rene page, agin hart
sys ox sais of Potasslum Chorde, tony one
syinge?
A. Sixes of Potastuih Cictds Would not
40 ftIntow syringe. eo thats two sylnges,
11 Q Otay, An 2729, nol, Wena
Yule Just ovorsig? °
18 A dustoversght {rememberths inmate,
44 @ Teal, Hla, sonono we teed abot
18 boloe to.
18 ATs was dung tine toma whore we ad
17 thos mses at she same tien thp exelen
48 chamber, {romeer this geileman,
48 Andapein, 2791, noted au. Andee
‘tonly ss ana syringe ofPotassium Cherise

ee sens an a

20
24 being—
22 A _Oh,wormight have sroady ~ thnk wo
23 lroady lated about this one, ‘em,

24 Yeah, Thal was he fret one wo talked
25 shout, |think, Sony aboutthal. Yeah, wo cht,

‘80 wo jalted about how when editions
PPotesslum Chloride ws administered, that docslon
was made bythe doctor?

A Conca,

‘©. What information does the dostorhave:
“avallabetohimg =”

A. Anaan monitor thats shoning the cage
rhythm otha nate,

@ Doyaviave anyltea how he makes tat . :
cect

‘A No,me'em,

MS, ENGLUN
short brook ght now,
(Arecese vos token)

BY MS, ENGLUND:

Q_ How does a perscn pal selected to be a
‘amber ol LY, team?

‘A. Iwas ecrvtad onlat because atthe
‘ine that was brought onto he team wn he olor
1. tears meniber who was brought on, the parson =
tore wes two members aha me, and ana of ham
hhad got int 0 vehisle acldent and had to ratio
fromthe daparimanl

nya known == tho meclcaladrinistator

Okay. Wald to teke &

RBRERMRESSIRAR SRE eer ]|a

Pro Bono\Walker

EBRBESSst sss sPtseoraoanun a

25

Secret Witness IV 2/17/2008 10:09:00 AM
143

tthe ima know mo, knaw my LV. shits, 20d
‘thought that | could ba a cetimant (ee) to bring
{othe team, us well asthe ther ailemen they
‘brought on atthe same time,

‘So we were pleked because ol our skits,
because ol our backgraund, They knew both 0! us
‘vere itary trained! ord both of us had tons of
ilkary experience, end iltery eyrienca doing
tha LV.8, 50 ws ware brought on, :

Plus that administrator vaed 10 be Our
tratloe| administrator a he nlitulon we wore al
‘bore hal, and knot us, knew We gould be Kind of
trustworthy, And we were brought down and
Interewod, But we were picked fr the team
‘because ol our skis, because Wahad sills,

And who rected you the team teacor?

MS, TEWOLDE: Otjoction in terms of

entty. But general, you oan answar

without giving Idontiy.
YS, ENGLUND:

Q Without rovaaling the name, ust what was
the positon ofthe person thst recmited you?

‘A. Tho porson thet recruited me atthe time
‘yas tha was 2 medal adninisuatorfor the
‘separa of corrections,

+ ae

2 moveriiern Mehmet
MS, TEWOLDE: Objection, Inelevart,
sulyeucen ner ison

A rset,

7 us ENGLUND:

 Doyou know anything about the currant
ent tein elie hy a
selected?

1 Onsctihom mening ene LV.

Jom andne otras hate ee.

Q Okay. And.as part of the sslecilon -
‘precase, Is there any sort of testing, particulier
‘psychological testing?

A Ne tum, Thetesparaine
ccen protests aro yocan tna
the poople on the team, You're Inierviewad by the:
tam, Yoel gn ob tomboy nab &
_mambor ol the team who Is somebody who Is a loose
caren, bese we denen ena in
fom Wo wart have haba os
presi peopl wom elem tae

Q. Allfight. Is everyone ~ when you're
lobo oes bo mantra oxsion ean
do youtue wail eet

A tht stn of ye

Page 141-144


EXHI

O

nos

Direct Examination Secret Witness IL

35

third one,

Q Okay, And about how long does this take . :
from the first syringe to the last syringe?

A No more than about maybe two or three ”
minutes. :

@ Okay, And while the drugs ara being
administered, is anyone behind the curtain looking. - .
at the prisoner?

A. No, justme.

Q > Okay, And are you looking for something?

A Looking for, you know, a sign maybe the
flow of the drugs ~ maybe it's swelling, maybe the
drug is not going through the correct vein, so |
have to stop and switch lines. But that has never
happened,

Q > Okay. So you're looking for signs in the
LV. site of whether there's —

A Right,

Q_ -- the drugs aren't going in for some.
reason?

A Right, the pressure of the syringe, you

know, you can always tell whether the drug's not

going because It's hard to push, But if it just
flow, and it's going in

Q = Okay. And other than in connection with

JA412


Direct Examination Secret Witness I

36

executions, do you have any experience pushing drugs
into an 1LV. line?

A No. Just from training.

Q Okay. So the training that you've done, -
what does that consist of in terms of actually
pushing the drugs?

A Itconsists of showing ~~ | was trained on
what to feel for, what to look for, how stow and how
fast to push it.

Q Okay. And the person that trained you was
the previous execution team leader?

A Yes. . .

Q Was therea doctor ‘that ever trained you
in that?

A No.

Q: Have you ever talked to a doctor about
that process?

A. ‘No, ItJust comes from experience.

Q And do you have— someone mentioned that
there was a dummy. Have you ever used a dummy?

A. Yeah, We practice on a dummy. The dummy
Just indicate a real body ~- like | sald, we tape a
dummy hand, like we do on real reel individual.
“Then we just go with the same format.

Q So the dummy is something that's used to

JA413


eo

Direct Examination Secret Witness IT

37

practice the inserting of the |.V. lines?

A Right. .

Q Is the dummy used to practice the actual
administration? Do'you practice how It feels to
push the drugs onthe dummy?

“A Well, it comes with experience. Like |
said, you now when It's not flowing in, not going
in, because like | sald, you know when you be
pushing it, you know, Because if you do it on the
dummy, It Just gives you like a false reading.

Q Has there ever been an Instance where
youve ried to push the drugs in, and they haven't
gone in?

A No. No.

@ When you administer the Sodium Thiopental,
do.you observe any effect that ithas on the ,
prisoner? That's the first drug.

A. Itjust puts them to sleep. ‘The first
two, they're asleep.

Q And how can you tell that he's asleep?

A. Most people snore, So, that's what they
do. . :

Q Andafter the second drug, do you observe
any effect that that has on the person?

A No.

JA414


-Direct Examination Secret Witness I

38

aq MS. ENGLUND: Okay. Do you mind itwe
2 . -take a short break? -

3 (A recess was taken.)

4 BY MS. ENGLUND:

5 _ Q We're back on the record, We're back on
6 page 5 of thé lethal injection checklist. That's

7 actually towards the middle ofthe document, -

8 where -- after page 19. And then the checklist is
@ the next thing that doesn't have Its own —
10 So actually to backtrack a little bit, you
41 sald before that you're able to look out the
42. porthole and see the prisoner?
43° A Thats right.
14 Q And you can see the injection site?
15 A Yes. Because, you know, you can see the

6 line through the porthole all the way through, |

47 Q Soyou can see the entire LV. line

48 through the porthole?

19 A Yes, :

20 Q Can you see'the prisoner's face?

21 A. [fl move around to look, yes.

22 Q Can you see the prisoner's eyes?

23 A Not ‘really, because he's -- I'm Just

24 seeing the back of the head, top of the head. And |

25 can see whether his eyes are opened or close.

JA415


Direct Examination Secret Witness II

39

Q So the way the table is oriented, the
pflsoner's had Is towards the curtain, and his feet
are towards the witness viewing area?

A. Right. -

Q And you'te standing behind the curtain?

A Right.

Q So you'te looking at the top of his head?

A_ Right.

On this page, it talks about after the

oa

chemicals are administered, that the designated tearm
member keeping time, who is also posted in advance
behind the back curtain, will start a stopwatch once
the lethal chemicals have been fully injected.
Is that a member of the |.V, team that

does that?

A Yes.

Q Ifthe heart monitor does not indicate a
flat line reading within ten minutes after
completing the first set of chemicals, then a second

set of lethal chemicals should be administered using

_ an alternate LV. line.

A Right.
Q  Pavulon and Potassium Chloride only, using
the alternate L.V. line.

A Yes.

JA416


O

0 Fromother sistas?

‘A Fromodhar sales

(0. And do peopl rom outed al ho
execuog teem over coma ln an valn the Virginia
xezuilon eart?

‘A. No,not tony nowt,

(© Okay, And do membare oho yin
exocuion team evar got cher stales dnd got
along tera?
oA No
At @ Okay, Are you snare of memiera of the
12 LV. team beng observed by Vira physctens
+18 connexon wth ther waning?

MA Noto,
48 @. Okey, Sowo talked before about a dure

18 thatls used.
7A Yos, ator. “

18 Q Iettum part ofthe eunthrount
1A Yes.

20 @_ Sols adurmy that's used In place of 8
21 pisoner?

22 A Alght.

2 Q Is Ka epootal dummy thal baa & way 10
24 Ingo LV. Ino? '
25 A No, itelust simulator,

1 Bunfalta mata stafatroris
= doss thave aspect ely to ba used

2 jas
3 tolnsert LV. fines, orl it usta dummy?
4A Wall tie gummy ean - youn nee ho
5 1V,asttaras finding the veins and stult in thera,
{5 Bull dont know what you call mecal orwinat—
7
a
8
0

nie ns
seth denaytasay oho Ls
satenott
Maoh
4h esto tsmost ay arg wal
dolla scoot?
oA Yo, Mtl ine edb)
4 ‘was doing the administration, Himow when 3 vein
* 45 collapse,
16 QO Okay. How would you know that?

18 know, woulda hard ta push he drugs in Or
19 the top ofthe skin, would swat up where {know
20 Wsnot going in, Bul dus by te pressure oft
21 knowits not golno.

22 © Bulthalsneverheppenes?

A No

24 —@_ Sohowrde you~havo you aver observed
25 thatheppering?

Pro Bono\Walker

BRBRESSESSAReRe ABO
Bets eevee rsone

+ WNeteam?

Secret Witness I! 1/31/2006 12:05:00 PM
. 5

A No
Q. Otnerthan= does he actual LV. oar,
do they heve any iaing In wht todo t= vain
ccolepsse? | moan, youve talked about what Your
cexportancals, tl =
‘A Ihave an assisanl that's telned.
(The aasiotens that a mernber of the

‘A. tohos momborot ho LV. tsant?

°

A No

© Andie LV. tam, ater shon practicing
con the dur, do you know whet rari ty have
Anseing LV? .

A NO :

{@ Bo you know they have anyiaining in
assessing wnathor a person isanesihoized?

A No

©. Ando you have any training in assessing
‘whether persar's anesthetized?

A No,

{ Onine protocol which i 18, whloh Is
‘pofora where you are now its actully 8 {847
1s backin the anginal at,

pages balora th
Sorry.

A Obey,
Okay, Undorwnorataays C0,
‘Supenvaon, Tae wardon wf appoint en appropiate
sorrel Hs sil howl ba response or eam 7
sporinaion, soperaon and lng.

“A Yes. : 2

tothe your

A Thateme |.

1 Andwhat do you doo oary out your
responafttles io frm el arog?

‘A. Wel ako he protoel and ust ake
sure osch merber ol he tema doing wna no
provoool~ hee Insite to. they oom,
then wo wll stop and meet and seuss I”

“Then wal go beck and make sure everbody
‘mows hele) and thelr poston, Wall ttwo
‘tas, you know, whatevar, uni avenyoody Sats
aight -

‘© Hava there everboonprobiems dung those
practice seston wit rang the Wit
sling to LY, Hes that you've hat stop 8
sous?

A No, Hub

© Okay, Se whan tere we probloms thal you
‘nave sop ad eacus, do shows cal wh

Page 53-56


1A Twotrays, yaa
2 © Sothero.aroswo ees?

3A Yes.

4 Q And 30 mse weve covered this, but
5 justo clarly, whontho Sosun THapentat Is

{6 propared fs the ono abled 1 put on one tray and
7 Ahaonolebolad 1-Apul en nether ray?
8A Welsthavowottye, thay both have the
9.- = ptson them.

10 @ Solor Sodtum THlopenal, thaco would bo 4

41 and 4-A0on one trayand {and 4-A on the second
12 tray?
43 A. Ion understand, .
48 You sed for Sodium Thiopental,thoro's
15 wo dllerent syringes,

A. Okay, That's on the fet tray.

@ Andone lahaled 12

Okay, Ad then tho oferty, how are
the syringes labeled ~ .
'A- Howaver its ot up on he iat ay,
te not up the sas tng onthe sacar ay.
28 Andtheyhavo the sme bled —

18
v
®
19
20 A. Rigi, onthe same ay,
a
22
ey
24

A Biot,
Q = Tend t-A?
A Bight,

Okay, And you sald that you sometimes
hese snbsing ater = a .
A Usually Lprobably adrnister the tet
syringe thay usuety be snoring right ear
(©. Howlong oes the snoring hast?

‘A Untill eciniser lhe rest ofthe =»
40 tho second drut.
41 Okay, lasts unil you administer the
42 second chug?
13° A Yash.
414 Otay, Youseld hal aphysictanWains
“45 _ with tho LV, team every moh?

contour en a

16 OA Yon
47 Forthetl elght hows?
1B OA Yeu.

48 Whol doss the physian do?
20 +A. dustobsere ane make sure that tha LV.
‘21 teemistaseringllrighl, and make sure, ou know,
22 isbelag dono coreniy, Ho more orless

29 suparvses and ei.

24 Sowhanthe WV. loam ls serving tha
‘25 electrocution racine, wha ls the phyalclan doing?

Pro Bono\Walker

oeNVonorone

BBREBsatsaakawsea

Secret Witness Il 1/31/2006 12:05:00 PM

7

MS. TEWOLDE: Objecllon, Electoculton,

We notpet ol his caso, | dott understand

tha quoston,
BY MS, ENGLUND:

© Youoaid before tha whan you do the
raclce you prclln both olesvoaution and foal
Injection?

A You

And that during the elecacuton
recto, the LV. teams ust observing?

A Right,

(©. And hats he physctan datng doving
tho=

A Same,

© Solhuyfra no oltina seperate oom
doing training?

A Wo

‘© Okay, Do you trln wih he phystetan?

1. ltny youkow, just observe realy,
Adonitwain, ust obaorve,

(© Doos the physician --okay, No futher

(© Just one question, dung tha training

recess, Ihe LV team on accason spt up to
‘wor ith th physician?
‘A. Yosh, Uke once wa dots fst wo

‘walkanroughe, then they goon intr own and

practes on the durreny for s0 meny hours and siutt

tio, Because we do two dlerant ining,

‘one ortho LY, warm, an one fr, you Know, Me

saatual~ tho ono thal escort eo
M6, TEWOLDE: Orgy. No more quastons.
MS, ENGLUND: Otay, Thankyou.
1S, TEWOLDE: Thankyou,

‘nd further, this deponent sath not.
(The deposition concluded al 1:86 p.m)

Page 77-80


EXHIBIT O

F nt py: Usb Lorrectipims Lat pus rodent, voswisUE IMT eam yur ARE

: 2 IN THE UNITED STATES DI STRICT COURT
| . FOR THE EASTERN DISTRICT OF VIRGINIA.

ALEXANDRIA.DIVISION
DARICK DEMORRIS WALKER, |
| _ "plaintiff? fare
. Case No. 1205¢v934
“GENE M, JOHNSON,
| j GEORGE M. HINKLE, - = . :

and a
WILLIAM PAGE TRUE,

Defendants. .

/ . 7 . DEFENDANTS" RESPONSE TO REQUESTS FOR ADMISSIONS -

ss : . we come Now the. Defendants, by comnsel, and, wuss waiving the previously
| : ¥ ? ‘fled objection, responds to the Plaintiff's Request for Adinissions as follows:
Ay Virginia uses a sodium thiopental, panguronium bromide, and soa
: | . chlotide to execute prisoners by lethal injestion,
| © 7 Admit.
a2 Virginia never considered using chemicals other than sodium thiopental,

| a , Pp ium bromide, and potassium chloride to exevine prisoners by lethal injection.

: Defendants do not bave sufficient information to either admit or deny this *

| 3 . statement, The Virginia lethal injection process was created under a
different Af yearsago. The
current administration bas searched for Written materials and made

! inguiries-with current-employees who may hnve been involved in the protess |

i ‘ put have not been able to discover many particulars. Those employees who
haye been involved were only tangentially involved and therefore cannot

JA660


me py! UM VOrrecisonat Lit pus so04 doy} vosuijup tut rAmsgenax_estugrage esti!

Admit.

34. | Nomember of the execution team is a certilied registered nurse

anesthétist. *

Admit.

35, No member of the execution team has training in anesthesiolopy.

Admit in part and deny in part, Admit to the extent that no member of the
execution team bas training in the administration of anesthesia fur surgical
purposes, Denied in the extent that the members of the TV team have been

trained to administer an anesthetic drag to an inmate for the purposes of 2 |
lethal injection.

36. No member of the execution team has eaperience administering

hetics, except during by iethnl injection.

QO Aamit. ate . :
. 37. After the sodium thiopental is administercd, no member of the uxeeut fon |
jeam assesses the prisoner to determine anesthetic depth,

Admit.

jum bromide is d, no member of thé

38, Afterthe p

execution team assesses the prisoner to determine anesiltic depth.

Admit.

39.  EBachmember of the execution team does nol receive at least eight hours

* of execution training each month,

Admit in part, denied in part. The protocol culls for the current members of

the execution team to receive at least 8 hours uf execution training per
¢ been some team members

month. To the extent that in the past, there ha
who have been unable to attend the training session on a particular day’,
Defendants admit that there have been limitud orcasions when not all
members have received at least 8 hours training per month, Prior to any


IBITP


" jgmbutal Sodium inj; AHFS Detailed Monograph

Wee

Medscape \ MedscapeCME

‘About Nv
emt Onew Dus Seateh R

Nembutal Sodium Inj

Monograph - pentobarbital, Pentobarbtal Sodium

Class: Barbiturates General Statement
Sections: s | ge and Administration \ Cautions | Pharmacology i pharmacokinetics \

Uses | Dosa!
Chemistry and Stability \ preparations

Nearly or

administration of pent

minutes. Plasma pentobarbital concen!
i 5-15

plasma concent ions of 5~ mcg! prot
than 10 meg!

yA otic

concentrations of greate' 4

megiml are potentially Jethal.

When pentobarbital it

minutes. st F ‘ith i W

minutes follc ing IM a inistration. Like set al, pentobal
effect of 4-4 hours following oral or rectal
istration.

spistribution

Approximately 35-45% of pentobarbital ig bound to plasma proteins.

Elimination
Plasma concentrations of pentobarbital decline ina biphasic manner with @ half-life of
hours for the first phase and 36-50 hours for the second phase.
pentobarbital is metabolized by the liver chiefly bY penultimate oxidation of the 4-methyloutyl
substituent toa secondary alcohol, 5-e' chet yanyarony-t mets parbituric acid
(ryaroxypentobarbite) hich is an inactive metabolite. ‘Approximately 40-50!

i ntobarbital. The

about 4

substituent of pentobarbital can also xidized to nt
i ve bet sn urine. Less than 4% of an oral hypnotic dose of
fi ir

2 in urine.
the drug is excreted in urine unc! i: Glucuronide conjugates of alcohols along with furthet
oxidation products not yet identified Mey account for the remainder of the dose. increasing the

sane iragia-7 794 0BATUEDAIIE NE 1/2011



(wD

‘VIRGINIA DEPARTMENT OF CORRECTIONS

Effective Date: June 1, 2009
Controlled Medication Administration and Count Sheet Operating Procedure #720.5 Attachment #3
oer a
DOC Controlled Medication (CII-C V) Administration and Count Sheet - Pg. No.
Facility: Ca vee te ms m8
Offender Last Name : Offender First Name Offender Number
bebe Sa. SOmg Jml Tom! wal (Soul = a, 1)
Nembutal Medication Name. Gichgth Dosage Form 1 7

XQ
Ww

f EWAD

RxNo. Dispense Date

i}a if
2y ty
o/¥]u
sill
3fulu :
du Opn 4
s T . 1

Baie G3 \
Reva vad (3)

diy | YT Rear 113
eeu Recrvioa) | yg oe k= (4
ffir UES

Spend tb YC ——
rz] Spend tb Wey],
ayn Wl te gece G3) 13 : A YJ Co
Mt Ope, 13 he Ride
ofa tt | Opus 13 bRsyt C——
t 7 Opeanra cd i : fe
i Beet ee ESTE
[sof Fri C8ce 743) | 1 ~
fr | Opus < i3 Weyer
L pa
WEViS 0 fuel
'Balduce ¥orwa Nos
. UNUSED MEDICATION RETURN
Date Medication Discontinued: Balance Remaining:
‘Date Medication Retumed: ‘Signature of Person Preparing Retum:
‘Tracking Number / Pharmacy retuned to: Signature of Person Verifying Retum.

Dedatan Roo Ae


EX!

VaDOC Eff. 9/26/11

ite

Exp. Date Lot #
Pancuronium 1/12 91-435-EV
7/12 01-611-EV
Pentobarbital 3/13 870703F
9/13 921353F
11/13 941853F
2/12 86-461-DK
5/12 89-600-DK
4/13 04-039-DK