In a recent development, lethal injection has been declared a viable mode of execution for Spartanburg’s Richard Moore. The announcement was made by the director of South Carolina Department of Corrections (SCDOC), Bryan Stirling, according to a filing in the South Carolina Supreme Court. In addition to lethal injection, Stirling declared that the firing squad and electric chair are also available for Moore’s scheduled execution on Nov. 1.
Documents filed on Tuesday revealed the choice of drug for the execution. Pentobarbital, confirmed Stirling, would be used for the lethal injection, having been tested for potency by the South Carolina Law Enforcement Division. This drug was also used in the recent execution of Freddie Eugene Owens on September 20th.
Stirling, in the filed documents, indicated that after a comprehensive review of various pieces of data, including those provided by the National Institute of Health and the test results from SLED, the dosage of pentobarbital as dictated by the department’s lethal injection protocol is amply potent to result in death when administered accordingly.
In a surprising turn of events, Moore’s execution, if taking place, will be the second to occur in South Carolina in just five weeks, following a silence of over a decade in regards to executions in the state. Moore was handed the death sentence back in October 22, 2001 after being found guilty of the murder of 42-year-old James Mahoney. His planned execution in April 2022 via a firing squad was subsequently put on hold due to a lawsuit that temporarily halted all executions in the state for more than two years.
A noteworthy point in Moore’s case is that he holds the unfortunate distinction of being the only person on South Carolina’s death row convicted by a jury that did not include any members of the African American community. This fact has ignited a fiery response from Justice 360, a Columbia-based non-profit, that has petitioned the Inter-American Commission of Human Rights (IACHR) to probe Moore’s case further, alleging racial bias in the jury selection, disproportionate and excessive sentencing, and racial discrimination in the prosecution. Investigations of the claim are still underway. Justice 360 has opted to withhold their comments on the recent Stirling’s motion.
South Carolina experienced difficulties procuring drugs for lethal injections in 2013, due to companies ceasing to supply them, following public backlash. In an attempt to overcome this hurdle, the state legislators passed a law to protect the identity of pharmaceutical and drug manufacturing companies involved in providing lethal injection drugs in 2023. This has made it easier for the state’s Department of Corrections to obtain the grave drugs.
The South Carolina Supreme Court, earlier this summer, gave the green light to resume executions, ruling it constitutional for inmates to select between lethal injection, electrocution, or firing squad for their executions. The court decreed that executions could be held at five-week intervals, making Owens the first person to be executed in South Carolina since 2011, when Jeffery Brian Motts also met his end through lethal injection.
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