Prieto’s lawyers had sought to halt the execution until the producer of the pentobarbital was named.

They also sought guarantees of its potency and documents showing how it was stored and shipped.

Prieto was facing a 1992 death sentence in California for rape and murder when he was convicted in Virginia. Virginia officials say he has been convicted of killing or suspected of killing at least nine people.

Prieto, a native of El Salvador convicted in two 1998 murders, is set to be executed at 9 p.m.

EDT on Thursday (0100 GMT on Friday) at Greensville Correctional Center.

Texas had released the name of its lethal injection drug suppliers for years. Then-Attorney General Greg Abbott, who is now governor, changed course in May 2014, citing a “threat assessment” signed by Texas Department of Public Safety director Steven McCraw.

Texas law allows exceptions to the Public Information Act if releasing certain information would cause a substantial threat of physical harm.


AUSTIN, Texas (AP) — An appeals court panel considering whether Texas must divulge the source of its execution drugs questioned Wednesday whether keeping the information secret could cripple the Texas Public Information Act.

Instead, his lawyers have turned to the Texas Board of Pardons and Paroles, arguing that his sentence should be commuted to life in prison or his execution at least delayed because of what they say was faulty testimony from psychologists at his trial.

The psychologists told jurors that Hernandez-Llanas was not mentally impaired and would remain a future danger, which his lawyers dispute.

Philip Durst, the lawyer for three attorneys who represented two executed prisoners, said the threat against a compounding pharmacy that provided the sedative pentobarbital for executions was vague and doesn’t qualify for an exemption to the public information act.

The availability of execution drugs has become an issue in many death penalty states.

Texas, by far the nation’s most active one, began using a compounding pharmacy as its source when traditional pharmaceutical makers refused to sell their products to prison agencies to be used for executions.

Attorneys have decided not to appeal Monday’s ruling to the U.S.

Supreme Court because the high court turned down the same request from Sells last week, according to Maurie Levin, among the lawyers who filed the drug secrecy lawsuit.

Attorneys for Hernandez-Llanas and another inmate, Tommy Lynn Sells, had filed a lawsuit last week saying they needed the name of the drug supplier in order to verify the drug’s potency.

They said they feared the prisoners could suffer unconstitutional pain and suffering if the drug weren’t tested.

The lawsuit involves only the supplier from April 2014 until last Sept.

1, when a Texas law that keeps the name of the drug provider confidential took effect.

Prieto’s lawyers have sought a stay of execution from the U.S.

Supreme Court. The stay would allow time for courts in California to rule on Prieto’s claim that he is intellectually disabled.

Prieto was convicted in 2010 for the 1988 murders of Rachel Faver and her boyfriend Warren Fulton in Fairfax County, a Washington suburb.

Faver had been raped.

Texas Department of Criminal Justice officials, citing security concerns, have identified the provider only as a licensed compounding pharmacy.

Similar lawsuits about whether states must identify their providers have been argued in states including Georgia, Arkansas and Missouri.

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