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Appeals court says Texas can execute killer without revealing source of death drugs

An appeals court says Texas can execute a convicted killer Thursday, reversing a federal judge who says the state must reveal the source of the drug to be used.

By Frances Burns

An appeals court says Texas can execute a convicted killer Thursday, reversing a federal judge who says the state must reveal the source of the drug to be used.

Tommy Lynn Sells, 49, was scheduled to die Thursday evening at the state prison in Huntsville. U.S. District Judge Vanessa Gilmore in Houston stayed the execution Wednesday, ruling that lawyers for Sells and Ramiro Hernandez-Llanas, who is scheduled to be executed next week, have a right to know the compounding pharmacy that supplied the drug.

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The state immediately asked a U.S. appeals court to lift the stay.

Sells was sentenced to death for killing Kaylene "Katy" Harris, 13, in Del Rio, Texas, in 1999. He is also suspected in at least eight other killings in several states.

Hernandez-Llanas, 44, was convicted of the 1997 killing of a Kerrville rancher who had allowed him to live on his property.

[Austin American-Statesman]

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