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News · Indianapolis

Braun Denies Clemency for Weisheit as Pharmacy Probation Looms

The governor rejected a request to pause the Thursday execution, citing the state's compliance with drug procurement laws despite the supplier's regulatory issues.

By Priya Marino ·

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The Indiana Department of Correction plans to execute Jeffrey Weisheit by lethal injection before dawn on Thursday, November 5. The state proceeds with the sentence less than a week after the pharmacy that supplied the execution drugs was placed on indefinite probation for safety failures.

Weisheit was convicted in 2010 of killing 8-year-old Alyssa Lynch and 5-year-old Caleb Lynch in a fire in Vanderburgh County. His legal team filed a clemency request on Monday, arguing that the governor should pause the execution until the state resolves questions about the drugs used.

The request centers on Pharmaneek, the pharmacy from which the state purchased pentobarbitol. The Indiana Board of Pharmacy placed Pharmaneek on indefinite probation on March 31, citing failed safety inspections and unprofessional practices that led to drug contamination. A hearing is set for November 9 to determine if the pharmacy's license will be terminated.

Attorneys argued that the state should source lethal injection drugs from reputable channels rather than a pharmacy that the Attorney General’s Office is seeking to shut down. They called for an independent investigation into the quality and procurement of the pentobarbitol. Joe Perkovich, one of Weisheit’s attorneys, stated in a release that it is alarming the state bought drugs from a pharmacy with major storage and management issues. He urged the governor to pause executions to ensure the drugs meet basic legal standards.

At 4:00 p.m. on Monday, Governor Eric J. Braun announced his decision to deny clemency. He stated that he is accepting the Parole Board’s unanimous recommendation. Braun confirmed that the Department of Correction will continue preparations to carry out the court-ordered sentence on November 5.

The Department of Correction responded to media inquiries by stating it is in compliance with Indiana laws governing the confidential procurement of execution drugs. The department expressed confidence in its process and its ability to humanely carry out the lawfully imposed sentence for the murders of the two children.

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