Ruh Roh: Pharmacist who made new TX execution drugs says 'Send them back'

The Texas Department of Criminal Justice had announced it found a new provider for a drug used as part of its execution protocol from a compounding pharmacy in The Woodlands, but now that the source has become public thanks to reporting by the Associated Press, the pharmacy wants it back. A reader sent Grits a copy of this letter to state officials (pdf) from Jasper Lovoi, the owner and pharmacist-in-charge who prepared the drug for the state, dated two days after AP's report. He declared:

Based on the phone calls I had with Erica Minor of TDCJ regarding its request for these drugs, including statements she made to me, it was my belief that this information would be kept on the 'down low' and that it was unlikely that it would be discovered that my pharmacy provided these drugs. Based on Ms. Minor's requests, I took steps to ensure it would be private. However, the State of Texas misrepresented this fact because my name and the name of my pharmacy are posted all over the internet. Now that this information has been made public, I find myself in the middle of a firestorm that I was not advised of and did not bargain for. Had I known that this information would be made public, which the State implied it would not, I never would have agreed to provide the drugs to TDCJ.

As a result of this "firestorm," wrote Lovoi, "I must demand that TDCJ immediately return the vials of compounded pentobarbital in exchange for a refund. ... Otherwise I may have to ask the Court in the prisoners' lawsuit to consider my concerns."

Apparently the pharmacist didn't understand the Texas Public Information Act and TDCJ didn't fully explain it to him; these revelations were as predictable as the sunrise. That said, I don't feel sorry for Mr. Lovoi. The fact that he wanted assurances that a transaction to assist in killing people would be kept on the "down low" speaks poorly of both him and the state. If you'd be embarrassed by your participation in an activity, that's a good argument for staying out of it.

I betcha the state refuses to give the drugs back. Why would they care if Mr. Lovoi feels embarrassed or betrayed? They got what they wanted out of the deal.

RELATED: As death drug dwindle, why not use firing squads for Texas executions?

UPDATE: As predicted, the Austin Statesman reports that the state refuses to give back the drugs. MORE: From Paul Kennedy. AND MORE: The Houston Chronicle now reports that a Chicago pharmacy has asked TDCJ to return drugs that were purchased for executions but have never before been tested or used for those purposes.