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As Mo. execution draws near, inmate's attorney says she's ID'd pharmacy that makes lethal drug

With convicted killer Herbert Smulls' execution just hours away, his lawyer says she's used open records requests and publicly available documents to determine the name of the compounding pharmacy she believes manufactures Missouri's lethal injection drug.

Smulls is scheduled to die at 12:01 a.m. Wednesday. The state plans to use pentobarbital, but has refused to say where the drug is made. Attorney Cheryl Pilate has said that makes it impossible for Smulls' advocates to know whether it could cause pain and suffering.

Pilate told The Associated Press on Tuesday that her research indicates the drug is made by The Apothecary Shoppe, based in Tulsa, Okla. She says an Oklahoma City-based lab tested the drug.

Messages seeking comment from both companies, and the Missouri Department of Corrections, were not immediately returned.

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