Lawyers for Taberon Honie wrote a letter addressed to Utah Gov. Spencer Cox requesting he delay Honie’s upcoming execution.
Honie’s execution is scheduled for Aug. 8. He was convicted of aggravated murder for the slaying of Claudia Benn. He repeatedly slashed Benn’s throat, stabbed her and sexually assaulted her in front of Benn’s three grandchildren, including Honie’s own daughter. Honie also sexually abused one of the children.
The letter, penned by Honie’s attorneys Therese Day and Eric Zuckerman, said the Utah Department of Corrections engaged in a hasty process and asked Cox to temporarily delay the execution.
The governor’s office did not immediately return a request for comment. In Utah, the governor cannot commute a sentence. The Board of Pardons and Parole has that power and it denied Honie clemency after a July hearing.
Through its spokesperson Glen Mills, the Utah Department of Corrections denied it engaged in a rushed process. “We understand the defense has a job to do, but the narrative of a rushed, and even reckless process is false,” said the statement.
“We have been meticulously planning this process for months,” said the statement. “Statute requires us to use sodium thiopental or an equally effective substance. Sodim thiopental has not been available for years. Therefore, we consulted with medical professionals on several different combinations before determining the best method would be the originally proposed three-drug combination.”
The Utah Department of Corrections statement said after this information was released to the public, the department agreed to change to pentobarbital. The department pointed to a court ruling that said “not only have we not violated Mr. Honie’s rights, but we have provided more information than necessary.”
Honie had sued the state over the drug combination, which was originally proposed using ketamine, fentanyl and potassium chloride. The state changed to using pentobarbital, which would cost $200,000. An attorney for the state had said this was much higher than the original drug proposal.
A judge dismissed Honie’s suit, saying the potential injury described by his lawyers was speculative.
Honie’s attorney in the letter said, “The Department refuses to provide any original documentation verifying the source’s licensing and other relevant legal compliance, or the drug’s validity, including a certificate of analysis.”
The attorneys also said the department did not update its execution protocol for the use of pentobarbital and instead provided additional instructions. The letter said this risks creating confusion.
This issue also came up in court when Honie had sued the state.
Honie’s attorney argued he should have access to the execution protocols and said there were differences between the 2010 and 2024 protocols in terms of how the drug would be stored.
An attorney for the state argued what Honie’s attorney had called inconsistencies were not inconsistent. Instead, he said these were necessary changes. The judge said there is no constitutional right mandating that inmates have access to the execution protocol.
The letter pointed to other Republican governors who have delayed executions. Alabama Gov. Kay Ivey halted executions in that state after there was a failed lethal injection. Ivey ordered an examination of the execution when officials were unable to find a vein on an inmate.
The state resumed executions after the review.
Honie’s attorneys said the state’s protocol should be updated before the execution occurs and said it would be wise to given the department more time to formalize its execution plans.
“We request a temporary reprieve to ensure that Utah’s first lethal injection execution in over 25 years is conducted transparently, with ample time for preparation, planning, and proper documentation for execution personnel, and to ensure that the drugs are safe and effective,” said the letter.