"Fiesta Killer" Tommy Lynn Sells will not be executed tomorrow night in Huntsville, because a judge said if the state does not reveal where it plans to obtain the drugs that will be used for the execution, a determination cannot be made whether administering the drugs will amount to cruel and unusual punishment.
Sells kidnapped nine year old Mary Bea Perez from Fiesta in 1999 and slashed her throat. Sells pled guilty to killing Perez, but he was convicted of killing a 13 year old girl in Del Rio, also in 1999. In fact, Sells claims to have murdered so many people that he goes by the nickname 'Coast to Coast' to describe the range of his crimes.
The Texas Department of Criminal Justice has declined to reveal where it got a new supply of Pentobarbital that it plans to use to execute Sells and condemned killer Ramiro Hernandez Hernandez Llamas, whose execution was also blocked.
"The identity of the supplier and the laboratory doing the testing is pivotal to an assessment of the adequacy of the lethal drugs defendants intend to administer to the plaintiffs," U.S. district Judge Vanessa Gilmore wrote in her opinion. "Without some detail about the source of the drugs and the integrity of the testing, Plaintiffs are prevented from raising a specific Eighth Amendment challenge to their executions."
Gilmore points out that when Pentobarbital has been obtained from compounding pharmacies in other states, the result has been 'obvious pain' and allegations that the executions violated the Eighth Amendment protections against cruel and unusual punishment.