Texas has run out of one of the three drugs used in lethal injections and has replaced it with a different drug — drawing new challenges from Cleve Foster and his attorneys, who are trying to stop his execution, set for 6 p.m. Tuesday, says the Ft. Worth Star-Telegram. Foster, 47, a former Army recruiter nicknamed “Sarge,” said he doesn’t appreciate being a “guinea pig” for the Texas Department of Criminal Justice and maintained his innocence, saying a co-defendant acted alone.
“I did not do this crime. The person who did this crime is dead,” Foster said. His attorneys have asked the U.S. Justice Department and the Texas Department of Public Safety to investigate whether the prison system is unlawfully obtaining and storing its execution drugs.