Letter to Thomas Kupiec, Chief Executive Officer of ARL Bio Pharma, Stephen Arpie, Director of Absolute Standards Inc., Michael Pruett, Co-Chief Executive Officer of DynaLabs LLC, and Ross Caputo, President of Eagle Analytical Services Inc. - Raskin, Pressley Condemn Federal Execution, Demand Documents on Pentobarbital

Letter

Dear Dr. Kupiec:

The Subcommittee on Civil Rights and Civil Liberties is investigating the decision by the Department of Justice (DOJ) to resume federal executions using a lethal injection drug called pentobarbital. Our investigation and public reporting indicate that ARL Bio Pharma may have information relevant to the acquisition and use of this drug by DOJ.1

On July 25, 2019, DOJ announced that it would resume executions for federal inmates with death penalty convictions and that it would use pentobarbital instead of the three-drug cocktail used previously. This closely mirrors the lethal injection protocols of several states, including Georgia, Missouri, and Texas.2

We are deeply concerned about the use of pentobarbital in executions. Due to a lack of supply of the drug in the United States, the few states that use it for lethal injections have resorted to purchasing it from compounding pharmacies. Products of compounding pharmacies are typically not subject to the same rigorous approval process as those of other manufacturers, leading to many reported problems with the efficacy and potency of the pentobarbital they may sell. There have been several reports of inmates injected with the chemical saying before they died that they could feel themselves "burning."3

DOJ and the federal Bureau of Prisons (BOP) have refused to disclose to the Subcommittee how and from whom they will acquire this chemical or who tests it for them, but DOJ has filed redacted testing reports indicating that your company has assisted DOJ in securing and/or testing pentobarbital for death penalty executions.

For these reasons, we request that you answer the following questions for the period of January 1, 2017, to the present, and references to "government entity" should be construed to mean federal or state governments:

1. What services or products has your company provided to any government entity or contractor acting on behalf of a government entity regarding the use of pentobarbital?

2. Has your company sold or compounded pentobarbital for any government entity or contractor acting on behalf of a government entity, and if so, how much pentobarbital has it sold, to which clients, when, and for how much?

3. Has your company conducted any tests on pentobarbital for any government entity or contractor acting on behalf of a government entity, and if so, for which clients, when, and for how much?

4. Has your company communicated with any compounding pharmacy or dosage manufacturer regarding the use or sale of pentobarbital, and if so, which pharmacies or manufacturers?

5. Does your company have any knowledge of compounding pharmacies or dosage manufacturers that have been in communication with or sold pentobarbital to any government entity or contractor acting on behalf of a government entity, and if so, which pharmacy or manufacturer?

6. When did your company become aware that it was testing or providing pentobarbital for use in human lethal injections?

7. Does your company have any internal guidance referring or relating to the sale of pentobarbital for use in executions, and if so, when was it instituted and how does it ensure compliance with that guidance?

In addition, we request that you provide, all documents for the period from January 1, 2017, to the present referring or relating to:

1. The sale or potential sale of pentobarbital to any government entity or contractor acting on behalf of a government agency, including but not limited to purchase orders, invoices, and task orders;

2. The testing of pentobarbital for use in lethal injections;

3. The client whose Certificates of Analysis are included in the attached document; and4. The potential sourcing of pentobarbital from compounding pharmacies or other manufacturing companies.

Please provide the requested information by Tuesday, July 28, 2020. The Committee on Oversight and Reform is the principal oversight committee of the House of Representatives and has broad authority to investigate "any matter" and "any time" under House Rule X.

An attachment to this letter provides additional instructions for responding to the Committee's request. If you have any questions regarding this request, please contact Committee staff at (202)-225-5051.

Sincerely,

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