The Indiana Supreme Court has ruled against death-row inmate Roy Lee Ward over execution drugs. Ward had argued the state’s lethal injection “cocktail” was unconstitutional because it added Brevital to the mix. He stated there wasn’t enough oversight to add the drug. In his decision, Supreme Court Justice Christopher Goff ruled adding Brevital to the three-drug lethal cocktail is “not subject to the Administrative Rules and Procedures Act.”
The ruling comes after arguments for and against the drug were held last year, following the June ruling by the Indiana Court of Appeals ruling in favor of Ward. In that ruling, the Court of Appeals felt that the Indiana Department of Corrections is a state agency and has to adhere to the Act. Brevital had never been used in any state or federal executions before Indiana added the drug to the three drugs that are used in lethal injections. The Appellate Court ruling stayed his execution.
The Supreme Court ruling paves the way for another judge to set another execution date.
In July of 2001, Ward broke into a Dale, Indiana home and killed 15-year-old Stacy Payne. Ward was still in the home when police arrived. He was convicted for the Murder and Rape of Payne and was sentenced to death.