Florida was underdosing 'expired' drugs during prolific run of executions

In a small, piercingly bright room inside a state prison in northeast Florida, Frank Walls was strapped to a gurney and injected three times: first with a sedative meant to render him unconscious, then a paralytic to prevent any visible movement, and finally potassium acetate to induce cardiac arrest, reported Mother Jones.

Walls’ execution on December 18, 2025, capped Florida’s deadliest year in modern history. With 19 executions last year, Florida more than doubled its own record, and put more people to death than Texas, Alabama, and South Carolina combined. This execution spree came even as Florida’s lethal injection protocol has come under scrutiny, prompting fears that those executed are at risk of complications and needless suffering. 

In his final appeal, Walls asked Florida to review its three-step protocol, arguing that the way the state’s been carrying out executions would violate his Eighth Amendment right to be free of cruel and unusual punishment. His attorneys documented allegations that even though men in the death chamber couldn’t physically show the effects due to Florida’s three-drug protocol, some may have suffered and died with the feeling of drowning. And an analysis of court records, prison logs, redacted autopsy reports, and eyewitness testimonies by Mother Jones found documented issues in half the executions last year before Walls.

In at least nine executions from February to September 2025, there were signs of underdosings, the use of expired drugs, drug substitutions, or flaws in drug logs maintained by the Florida Department of Corrections. 

“Mr. Walls will die a needlessly cruel death if Florida insists on trying to kill him with Florida’s version of lethal injection,” wrote anesthesiologist Dr. Joel Zivot, who met Walls at the Florida state prison five months before his execution, in an affidavit Walls’ defense team submitted to the District Court in Tallahassee. 

Autopsy results for Walls, who was sentenced to death for the 1987 killings of an Air Force airman and his girlfriend, have not yet been released. But Zivot feared the three-drug protocol could cause pulmonary edema, a condition that’s been found in previous autopsies of people executed by Florida, and which Zivot said causes “the terror that accompanies drowning and asphyxiation as they choke on their own blood.” 

The Florida Attorney General’s office didn’t dispute Walls’ assertion that he could experience the sensation of drowning and gasping for air after the second drug is injected. They called it “irrelevant.” 

The state has been similarly unmoved by problems in recent executions. 

In June 2025, logs included in a lawsuit showed that one man was executed with half of the required amount of paralytic, and another man didn’t receive a full dose of the drug meant to swiftly induce cardiac arrest. 

The Florida Department of Corrections’ own records indicated that the execution team used expired sedatives in four deaths, raising concerns about the effectiveness of the drugs and the risk of complications, including severe pain. They also recorded the use of a local anaesthetic that’s not part of the state’s execution protocol, and listed dates for use of the drugs that don’t match execution dates. 

Each of these issues would violate Florida’s own protocol. Rather than order an investigation, the state’s governor and past presidential candidate, Republican Ron DeSantis, has already scheduled four executions this year.

The death penalty has waxed and waned in public opinion over the years, with botched executions, racial disparities, and wrongful convictions under scrutiny in recent years. Florida alone has seen at least 30 exonerations from its death row. 

But reviving the federal death penalty is a key tenet of President Donald Trump’s tough-on-crime agenda—and DeSantis has positioned Florida at the vanguard of the Trump-led Republican Party. His own political future is unclear after his failed presidential run, but he’s echoing loud and clear the president’s enthusiasm for harsh and swift executions. Florida is leading the death penalty’s resurgence.

“The exact reasons as to why DeSantis has chosen to ramp things up now—I don’t think we know,” said Hannah Gorman, who teaches death penalty law at Florida International University’s College of Law.

But she said the pace of Florida’s executions have ramifications nationally and internationally. In 2025, executions in the United States nearly doubled, and 40 percent of them were in Florida alone. 

“Florida is an outlier in the U.S.,” said Gorman. “But this is also a massive message coming out of America.” 

DeSantis has issued death warrants for 32 people since he took office in 2019, and 250 people remain on Florida’s death row. 

DeSantis’ office didn’t respond to a list of questions by Mother Jones. But in November 2025, DeSantis said he was doing his “part to deliver justice” to victims’ families by executing those who have been on death row for decades. And the governor has unusually broad power to enact this penalty: he both sets execution dates and proceeds over the clemency hearings that could halt his own execution orders.

The last review of lethal injection protocol by Department of Corrections Secretary Ricky Dixon was in February 2025, after the year’s executions had already begun. Dixon wrote in a letter to Gov. DeSantis that his department’s lethal injection procedure was in line with decency standards and “dignity of man.”  

“The foremost objective of the lethal injection process is a humane and dignified death,” Dixon wrote. “The process will not involve unnecessary lingering or the unnecessary or wanton infliction of pain and suffering.”

The one-page letter didn’t explain what Dixon’s review entailed, and the Florida Department of Corrections didn’t respond to questions about the review. 

A month after this letter was sent to Tallahassee, in March 2025, Florida executed Edward James. Prison drug logs disclosed in court records show James was given a local anesthetic—lidocaine—that’s not mentioned in the 14-page protocol signed off by Dixon. 

It’s unclear why that drug was administered or who authorized it. 

To Ron McAndrew, a former Florida State Prison warden who led Florida’s executions from 1996 to 1998 and oversaw three electric chair executions, Florida ought to slow down and examine its protocol before executing anyone else. 

“To put a warden and a death team through 19 executions in one year was a horrible thing for the Governor to do.”

Now an anti-death penalty advocate, McAndrew’s concerns extend beyond procedure. He worries about the toll on staff. The ones doing the “dirty work.” 

McAndrew has overseen and witnessed executions gone wrong. He was in charge in 1997, when Pedro Medina’s head burst into flames on the electric chair. The former warden said he wouldn’t wish that on anyone, especially prison staff. 

“To put a warden and a death team through 19 executions in one year was a horrible thing for the Governor to do,” McAndrew said. “These are the people that are going to wake up screaming in the middle of the night. These are the people that are going to suffer for the rest of their lives because the people they have killed are going to come visiting with them on a regular basis. They’re going to sit on the edge of their bed at night and talk to them.” 

In the past, botched executions or deviations from established execution procedures have prompted death penalty states to pause. Under Gov. Jeb Bush, Florida prison officials botched a lethal injection in 2006, and Bush temporarily halted executions. In Oklahoma, Republican Gov. Mary Fallin had to delay executions twice, after the botched execution of Clayton Lockett in 2014 and again after the revelation that the state substituted a new drug to stop Charles Warner’s heart in 2015. Warner’s final words, the Associated Press reported, were: “My body is on fire.” A grand jury investigation found “negligence” and serious errors in the state’s executions. 

In 2022 in Tennessee, Republican Gov. Bill Lee paused all executions and sought an independent review of its execution protocol over concerns about independent testing of the lethal drugs. When the review ended in 2024, citing fewer opportunities for mistakes, Tennessee moved from a three-drug protocol to a single drug, as at least 1o other states and the federal system have now done.  

Florida has been using the same three-drug combination since 2017. Florida’s governor, however, has yet to announce any investigation into this method or its recent executions, let alone slow his pace in signing death warrants, despite repeated pleas and public accounts. 

In 2025 alone, media coverage described troubling scenes in at least three executions in Florida. In April, Michael Tanzi’s chest heaved for about three minutes, the Associated Press reported. Tanzi was given the unauthorized sedative, lidocaine, prison logs later showed. 

During the execution of Thomas Gudinas in June, media reported that his eyes rolled back and his chest spasmed. Drug logs filed in court records showed that Gudinas was injected with half the amount of paralytic required by Florida’s protocol. Then in November, NBC News reported that former Marine Bryan Jennings’ chest heaved and his arms twitched. Jennings’ autopsy report found that he experienced pulmonary edema—which mirrors the feeling of drowning, and the condition a medical expert feared would happen to Walls at his December execution. 

After Walls’ execution, a spokesperson for the governor’s office said there were no complications with his three-step lethal injection. There were close to 30 witnesses in attendance, including relatives of Walls’ victims. The Pensacola News Journal reported “about six minutes of labored breathing.” 

And Maria DeLiberato, Walls’ former attorney and the legal and policy director for Floridians for Alternatives to the Death Penalty, said she saw Walls gasping and his chest heaving: “Like he’s choking.” What she witnessed, she said, didn’t match the state’s media briefing from the Raiford prison. 

“I thought something was wrong,” DeLiberato said.

In January, Gov. DeSantis signed his first death warrant of this year for Ronald Heath, who was convicted for the 1989 armed robbery and murder of a traveling salesman near University of Florida. A jury sentenced him to death in a 10–2 vote.

Unanimous jury decisions were not required when Heath was convicted. They became law in Florida after a landmark 2016 Supreme Court judgment, but in 2023, Gov. DeSantis signed a bill into law requiring only 8 of 12 jurors to vote for death. 

Heath’s final appeal urged the US Supreme Court to look into Florida’s three-step lethal injection method, citing previous use of expired drugs, inconsistent dosing and inaccurate logs about what happened in the death chamber. The state argued that the Eighth Amendment prohibits cruel and unusual punishment, “not inaccurate bookkeeping.”

The Supreme Court denied Heath’s request, and Heath’s execution was quick and without outward signs of complications, according to news coverage and a witness. Two weeks later, as Melvin Trotter’s execution date loomed for the murder of a grocery store owner in 1986, he asked for a stay of execution based on the risk of a mangled execution. Though the Supreme Court also rejected Trotter’s petition, this time, Justice Sonia Sotomayor expressed her concern about Florida’s “troubling” execution records. 

Sotomayor agreed with denying Trotter’s petition, but acknowledged that prisoners like him are caught in a catch-22: Because they don’t have enough evidence of cruel and unusual punishment, they have been denied the records they’d actually need to prove it. “The very reason” they are seeking these documents, she noted in a four-page statement, is to prove their claims. 

“By continuing to shroud its executions in secrecy, Florida undermines both the integrity of its own execution process and, potentially, this Court’s ability to ensure the State’s compliance with its constitutional obligations,” Sotomayor wrote. 

As Trotter was executed on February 24, he breathed heavily and his body twitched, PBS News reported. Details about the drugs used in Trotter’s execution won’t be revealed until the autopsy reports are made public. 

DeSantis has already ordered two more executions, Billy Kearse on March 3 and Michael King on March 17. And Sotomayor’s words are already reverberating on the busy death row. Within a day of Sotomayor’s statement, her critique of Florida’s secrecy had already been cited in a new appeal—and state officials had already dismissed the justice’s concerns as “speculation.”

To read more CLICK HERE