Missouri's Execution Drug Supplier Pleads To Stay Anonymous

James A. Finley / AP

Missouri's execution drug supplier, which the state has gone to great lengths to keep secret, is asking a federal appeals court to reconsider an opinion that would force the state to disclose its identity.

Lawyers representing Mississippi death row inmates subpoenaed information from the Missouri Department of Corrections months ago. Missouri Attorney General Chris Koster's office has attempted to quash the subpoena, arguing the supplier would refuse to continue selling the drug to the state if its identity were revealed.

A three-judge panel of conservative 8th Circuit Court of Appeals judges denied the state's request last week, calling the state's assertion "hearsay" and "inherently speculative."

In a motion filed late Thursday, the supplier argued it was not speculative. The supplier, referred to only as M7 in Thursday evening's court filing, asserted that it fears for its "personal safety and well-being," and asked the court to reconsider.

M7 has sold drugs used in 16 Missouri executions since February 2014, making more than $115,000 in cash in the process. During that time, the state has largely cleared out its death row of inmates eligible for execution, with its most recent execution being held on May 11.

If Missouri's request to quash the subpoena isn't granted, the lawyers write, "M7’s life and well-being will be placed directly in jeopardy and M7’s constitutional First Amendment right to anonymity will be violated."

Later, the lawyers state directly, "[I]f the Subpoena is enforced and M7’s identity is revealed, M7 will cease supplying Missouri with pentobarbital in order to prevent retribution, both physical and financial, from death-penalty opponents."

Numerous states have argued execution drug suppliers could face physical threats and financial hardship if their identities were public. However, a BuzzFeed News assessment found there has been no evidence of threats to any outed execution drug supplier — and the evidence of threats put forth by states was contradicted by government documents.

The drug supplier's lawyers have asked the appeals court to allow M7 to intervene in the appeal — and to do so anonymously — so that M7 can support the state's motion urging the court to reconsider its decision in the matter. M7 argues that it should be allowed to do so, in part, because it has different interests in the case than does the state — including its physical and financial well-being.

The subpoena was sent to Missouri officials more than two months ago, but the supplier said it was only informed of the subpoena last Friday after the appeals court's ruling.

Read the motion:

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