Missouri recently executed its fourth inmate this year, providing a federal appellate court judge to once again raise disconcerting aspects about the state’s process of carrying out those executions. Earlier this year, The Atlantic’s Andrew Cohen noted that on more than one occasion Missouri had carried out executions of inmates before the appeals process had run its course. State officials have also come under criticism for continually shrouding its means of executing inmates in secrecy.
The latest inmate to be executed, William Rousan, also raised constitutional concerns about Missouri’s execution process before the U.S. Court of Appeals for Eight Circuit. The entire Eighth Circuit declined Rousan’s appeal. But Circuit Judge Kermit E. Bye lodged a dissent blasting the Court for not hearing the appeal, noting the “viable constitutional claims” raised by Rousan. Circuit Judges Diana Murphy and Jane Kelly joined Bye’s dissent.
This was not the first time that Judge Bye raised concerns about Missouri’s procedure for executing inmates. In a fall 2013 case, Bye said Missouri has a “well-documented history of attempting to execute death row inmates before the federal courts can determine the constitutionality of the executions." In another death row appeals case, Bye noted the opaque nature of the state’s drugs used to kill the inmates was not helpful in deciding constitutional challenges.
In his April 23 dissent in the most recent case, Judge Bye again noted the state’s ongoing work to “frustrate the efforts of inmates such as Rousan to investigate the method of execution the State plans to use to end their lives. Missouri shields these shadow pharmacies – and itself – behind the hangman’s cloak by refusing to disclose pertinent information to the inmates.”
He continued, “So long as Missouri insists on carrying out executions, it is fundamentally important the State is sufficiently transparent about its protocol to allow adequate review of the constitutionality of its chosen method.”