The state of Tennessee is scheduled to execute death row inmate Tony Carruthers by lethal injection on Thursday morning at 10 a.
m. at Riverbend Maximum Security Institution in Nashville.
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Defense attorneys have repeatedly questioned the potency of the state's pentobarbital supply, but the Tennessee Department of Correction and Governor Bill Lee's office have refused to confirm the expiration dates of the chemicals.
Federal Public Defender Amy Harwell warned that using compromised drugs could result in a slow, painful death without reliable loss of consciousness.
State prosecutors argue that public disclosure of drug details is blocked under confidentiality laws. The defense team has requested transparency three times since mid-April.
Assistant Attorney General John W. Ayers responded by stating the department would follow standard protocols without answering the specific drug status query.
Financial records show the state recently spent $625,000 on execution-related services. Harwell noted that previous testing failures led to a multi-year pause in executions starting in 2022.
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Beyond drug concerns, supporters point out that Carruthers was forced to represent himself at trial despite undiagnosed mental health issues.
His conviction relied heavily on jailhouse informant Alfredo Shaw, whose testimony has been criticized by former jail workers.
Earley Story and Bernard Kimmons stated that documents later proved Shaw was a paid informant, a fact previously denied by the local district attorney's office.
Both maintain that Shaw has a history of fabricating claims.
The trial narrative that the three victims were buried alive was later retracted by the medical examiner, and DNA tests from the scene showed an unknown male profile.
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Governor Lee announced Tuesday that he will not grant clemency.
