execution

UPCOMING EXECUTION – TEXAS, Gregory Russeau, June 18, 2015 6 pm EXECUTED 6.49 PM


June 18, 2015

 

Gregory RusseauGregory Russeau ( Texas Department of Criminal Justice via AP file)

Asked by a warden if he had a final statement, Russeau thanked his family and friends for what they had done for him and thanked three friends who were witnesses “for being here with me so I do not have to transition alone.”

“I’m at peace, I’m good,” he said. “I’m ready to go home.”

He began snoring as the lethal dose of pentobarbital began and all movement stopped within about a minute.

He was pronounced dead at 6:49 p.m. CDT, 21 minutes later.

 

Russeau will be the ninth Texan executed this year

On Thursday, June 18, the state of Texas plans to execute Gregory Russeau, a 45-year-old Tyler man, convicted in Oct. 2002 of killing 75-year-old James Syvertson in his auto shop’s garage on May 30, 2001.

Russeau was found guilty of capital murder after jurors deliberated for less than an hour. He argued, after his conviction, that he was found guilty because his attorney Clifton Roberson fumbled his handling of witnesses and failed to argue that law enforcement planted evidence (two hairs belonging to Russeau found on a bottle) at the crime scene. Those concerns were raised in subsequent petitions for writ of habeas corpus filed by Jeffrey Haas.

Haas, it should be said, had his own issues. As a petition for relief filed in 2012 by Carlo D’Angelo notes: “Both the 2004 and 2009 petitions for habeas corpus that Mr. Haas filed in the state district court contained no claims that were based upon any evidence or the result of any investigation that occurred outside of the Clerk’s Record and trial transcript in either of the Petitioner’s cases, thus indicating that Mr. Haas did virtually nothing to investigate the facts pertaining to the actions of trial and appellate counsel, potential mitigation, and potential prosecutorial misconduct and withholding of evidence.”

The trial court held an evidentiary hearing on Dec. 2, 2004, during which Roberson and his co-counsel Brandon Baade testified to the competence of their representation of Russeau. Six months later, in June 2005, the Texas Court of Criminal Appeals issued an opinion that upheld Russeau’s conviction but remanded the case back to trial for a new sentencing. There, he was represented – once again – by Roberson and Baade, the two attorneys who failed to properly represent him in the first place, and whom Russeau specifically asked the court to not appoint for the second hearing (on the grounds that Roberson and Baade had waived the attorney-client privilege when they testified at the hearing.)

Russeau’s second punishment-determination hearing was held in 2007 and resulted in the same findings and sentence as his first. (Unsurprisingly, his argument hinged on the claim that Roberson and Baade did a bad job representing their client.) He was denied a 2009 petition for relief, filed by Haas, in 2010, at which point D’Angelo assumed Russeau’s counsel. A Feb. 2012 federal petition was denied, as was an appeal to the U.S. Court of Appeals in March 2014. Appeals for relief from the U.S. Supreme Court were denied in October.

Russeau will be the ninth Texan executed this year, and the 527th since the state reinstated the death penalty in 1976.

Death row inmate maintains innocence to the last

EXECUTION LIST 2014


Execution List 2014

DATE STATE NAME AGE RACE VICTIM RACE METHOD DRUG PROTOCOL YEARS FROM
SENTENCE TO
EXECUTION
1/7/14 FL Askari Muhammad 62 B 1 White Lethal Injection 3-drug w/ midazolam hydrochloride 30
1/9/14 OK Michael Wilson 38 B 1 White Lethal Injection 3-drug w/ pentobarbital 16
1/16/14 OH Dennis McGuire 53 W 1 White Lethal Injection 2-drug (midazolam + hydromorphone) 20
1/22/14 TX Edgar Tamayo~ 46 L 1 White Lethal Injection 1-drug (pentobarbital) 20
1/24/14 OK Kenneth Hogan 52 W 1 White Lethal Injection 3-drug w/ pentobarbital 11
1/29/14 MO Herbert Smulls 56 B 1 White Lethal Injection 1-drug (pentobarbital) 22
2/5/14 TX Suzanne Bassoƒ 59 W 1 White Lethal Injection 1-drug (pentobarbital) 15
2/12/14 FL Juan Chavez~ 46 L 1 White Lethal Injection 3-drug w/ midazolam hydrochloride 16
2/26/14 MO Michael Taylor 47 B 1 White Lethal Injection 1-drug (pentobarbital) 23
2/26/14 FL Paul Howell 48 B 1 White Lethal Injection 3-drug w/ midazolam hydrochloride 19
3/19/14 TX Ray Jasper 33 B 1 Latino Lethal Injection 1-drug (pentobarbital) 14
3/20/14 FL Robert Henry 55 B 1 White, 1 Black Lethal Injection 3-drug w/ midazolam hydrochloride 26
3/26/14 MO Jeffrey Ferguson 59 W 1 White Lethal Injection 1-drug (pentobarbital) 19
3/27/14 TX Anthony Doyle 29 B 1 Asian Lethal Injection 1-drug (pentobarbital) 10
4/3/14 TX Tommy Sells 49 W 1 White Lethal Injection 1-drug (pentobarbital) 14
4/9/14 TX Ramiro Hernandez~ 44 L 1 White Lethal Injection 1-drug (pentobarbital) 14
4/16/14 TX Jose Villegas 39 L 3 Latino Lethal Injection 1-drug (pentobarbital) 12
4/23/14 MO William Rousan 57 W 2 White Lethal Injection 1-drug (pentobarbital) 18
4/23/14 FL Robert Hendrix 47 W 2 White Lethal Injection 3-drug w/ midazolam hydrochloride 23
4/29/14 OK Clayton Lockett 38 B 1 White Lethal Injection 3-drug w/ midazolam hydrochloride 14
6/17/14 GA Marcus Wellons 58 B 1 Black Lethal Injection 1-drug (pentobarbital) 21
6/18/14 MO John Winfield 46 B 2 Black Lethal Injection 1-drug (pentobarbital) 16
6/18/14 FL John Henry 63 B 2 White Lethal Injection 3-drug w/ midazolam hydrochloride 23
7/10/14 FL Eddie Davis 45 W 1 White Lethal Injection 3-drug w/ midazolam hydrochloride 19
7/16/14 MO John Middleton 54 W 3 White Lethal Injection 1-drug (pentobarbital) 17
7/23/14 AZ Joseph Wood 55 W 2 White Lethal Injection 2-drug (midazolam + hydromorphone) 23
8/6/14 MO Michael Worthington 43 W 1 White Lethal Injection 1-drug (pentobarbital) 16
9/10/14 MO Earl Ringo, Jr. 40 B 2 White Lethal Injection 1-drug (pentobarbital) 16
9/10/14 TX Willie Trottie 45 B 2 Black Lethal Injection 1-drug (pentobarbital) 21
9/17/14 TX Lisa Coleman ƒ 38 B 1 Black Lethal Injection 1-drug (pentobarbital) 8
10/28/14 TX Miguel Paredes 32 L 2 Latino, 1 White Lethal Injection 1-drug (pentobarbital) 14
11/13/14 FL Chadwick Banks 43 B 1 Black Lethal Injection 3-drug w/ midazolam hydrochloride 20
11/19/14 MO Leon Taylor 56 B 1 White Lethal Injection 1-drug (pentobarbital) 15
12/9/14 GA Robert Holsey 49 B 1 White Lethal Injection 1-drug (pentobarbital) 17
12/10/14 MO Paul Goodwin 48 W 1 White Lethal Injection 1-drug (pentobarbital) 15

The three-drug protocol typically begins with an anesthetic or sedative, followed by pancuronium bromide to paralyze the inmate and potassium chloride to stop the inmate’s heart.  The first drug used varies by state and is listed above for each execution.

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Oklahoma executions back on, as court rules to keep lethal-drug sources secret


April 25, 2014

CNN) — Clayton Lockett and Charles Warner’s executions are back on the schedule for next week after Oklahoma’s high court lifted their stays, saying they had no right to know the source of the drugs that will be used to kill them.

The inmates, who are being held at the Oklahoma State Penitentiary in McAlester, where they are slated to be executed by lethal injection Tuesday, had challenged the state’s so-called secrecy provision, which forbids disclosing the identities of anyone involved in the execution process or suppliers of any drugs or medical equipment.

Lockett and Warner also challenged the state Department of Corrections’ failure to divulge which drugs would be used, but the department disclosed what drugs it intended to use before the high court’s decision: midazolam, which causes unconsciousness, along with pancuronium bromide and potassium chloride, which shut down breathing and the heart.

The Oklahoma Supreme Court said the only remaining issue, then, is whether the state’s failure to disclose its source for the drugs prevents the prisoners from challenging their executions using the Eighth Amendment’s prohibition on cruel and unusual punishment. The court decided it did not.

“This court holds that the secrecy provision … does not violate the inmates’ constitutional right of access to the courts,” the Wednesday ruling said.

Attorney Seth Day, who represents both men, called the ruling unacceptable and told CNN affiliate KFOR that there was no way to know if the prisoners’ executions “would be carried out in a constitutional and humane manner.”

“It’s not even known whether the lethal injection drugs to be used were obtained legally, and nothing is known about their source, purity, or efficacy, among other questions,” he told the station. “Oklahoma’s extreme secrecy surrounding lethal injection undermines our courts and democracy.”

Attorney General Scott Pruitt applauded the decision, saying the state had a longstanding precedent of keeping the drug sources secret to avoid “schemes and intimidation used by defense counsel and other anti-death-penalty groups.”

“These death row inmates have not contested their guilt for murdering two innocent victims nor have they contested their sentences of death. The legal wrangling of the attorneys for Lockett and Warner has served only to delay their punishment for the heinous crimes they committed,” he told KFOR.

Lockett was convicted in 2000 of a bevy of crimes, including first-degree murder, first-degree rape, kidnapping and robbery in a 1999 home invasion and crime spree that left Stephanie Nieman dead and two people injured. In 2003, Warner was convicted for the 1997 first-degree rape and murder of his then-girlfriend’s 11-month-old daughter, Adrianna Waller.

The constitutionality of lethal injection drugs and drug cocktails has made headlines since last year, when European manufacturers — including Denmark-based Lundbeck, which manufactures pentobarbital — banned U.S. prisons from using their drugs in executions. Thirty-two states were left to find new drug protocols.

“The states are scrambling to find the drugs,” Richard Dieter, executive director of the Washington-based Death Penalty Information Center, said in November. “They want to carry out these executions that they have scheduled, but they don’t have the drugs and they’re changing and trying new procedures never used before in the history of executions.”

If Lockett and Warner are executed next week, they would be the 194th and 195th inmates Oklahoma has executed since 1915.

Florida executes Robert Hendrix


April 23, 2014

STARKE, Florida — Florida executed a man by lethal injection at 6:21 p.m. Wednesday at Florida State Prison in Starke. He was convicted of the 1990 murders of Elmer and Michelle Scott at their Lake County home.
The U.S. Supreme Court denied Hendrix’s last-minute request for a stay without comment. He ate a last meal of pork chops, sausage gravy and biscuits, German chocolate cake and a soft drink, state corrections officials said.
Prosecutors said Hendrix killed the couple because Elmer Scott intended to testify against him. But Hendrix’s attorney said there was no forensic evidence linking his client to the murders and that the witnesses against him were unreliable.
Hendrix becomes the fourth person executed in Florida this year and the 16th since Gov. Rick Scott took office in 2011.

US – UPCOMING EXECUTIONS MAY 2014


Dates are subject to change due to stays and appeals

April 23

May
13 TEXAS Robert Campbell
21 TEXAS Robert Pruett
21 MISSOURI Russell Bucklew
28 OHIO Arthur Tyler
29 TEXAS Edgardo Cubas (Foreign National) – STAYED

Missouri executes William Rousan


Last meal: Bacon cheeseburger, onion rings, soft drink, and pecan pie

William Rousan’s last words were,

“My trials and transgressions have been many. But thanks be to my Lord and savior, Jesus Christ, I have a new home in his heavenly kingdom.”

April 23, 2014

— Missouri executed an inmate early Wednesday who was convicted of killing a farming couple in 1993 as part of a plot to steal their cows.

William Rousan’s last words were, “My trials and transgressions have been many. But thanks be to my Lord and savior, Jesus Christ, I have a new home in his heavenly kingdom.”

Before he was killed, Rousan, 57, mouthed words to his brother-in-law and a minister he had invited to his execution. As the drug was administered, he breathed deeply twice and then was still. He was declared dead at 12:10 a.m., nine minutes after the procedure started.

Prosecutors say Rousan, his teenage son, Brent Rousan, and his brother, Robert Rousan, murdered Charlie and Grace Lewis on Sept. 21, 1993 as part of a plot to steal their cows. Brent Rousan is serving life in prison without parole, and Robert Rousan served seven years in prison before being released in 2001.

The slain couple’s son and two daughters were among those who witnessed the execution, which took place only a few miles from where their parents were killed. Their son, Michael Lewis, spoke afterward.

“I draw no real satisfaction from Mr. Rousan’s incarceration or execution, for neither can replace or restore the moments lost with my parents or give my sons back the grandparents they never got to know,” he said.

Gov. Jay Nixon declined William Rousan’s clemency request Tuesday evening, clearing the way for the execution to proceed. In a statement explaining his decision, Nixon said he thought Rousan’s sentence was appropriate for his alleged role as the mastermind behind the “cold-blooded plot” that led to the couple’s slayings.

Earlier Tuesday, the U.S. Supreme Court turned down Rousan’s request to delay his execution.

Efforts to spare Rousan’s life hinged an argument that has held little sway over the courts — concerns about the secrecy used to obtain the execution drug, and the possibility that a substandard drug could cause pain and suffering in the execution process.

Several states, including Missouri, now use compounded execution drugs purchased from unnamed pharmacies. Courts so far have allowed most executions to move forward. However, on Monday, the Oklahoma Supreme Court stayed the executions of two death row inmates who challenged the secrecy surrounding the process of procuring execution drugs.

Missouri has executed one death row inmate each month since November. Another Missouri inmate, Russell Bucklew, is scheduled for execution on May 21. Only Texas, with seven executions, has executed more inmates than Missouri’s four so far in 2014. Florida has also executed four inmates this year.

According to prosecutors, William Rousan masterminded the plot to kill Grace Lewis, 62, and Charles Lewis, 67, at their farm near Bonne Terre. At the time, Rousan also lived in the same area of St. Francois County, about 70 miles southwest of St. Louis.

Authorities say the three men drove by the farm, and William Rousan pointed out the cattle to steal. They parked about two miles away and hiked through the woods to the farm. They watched as the couple returned home. Charles Lewis began cutting the lawn with a riding mower while his wife spoke to the couple’s daughter on the phone.

Brent Rousan, then 16, ambushed Charles Lewis, shooting him six times. Grace Lewis told her daughter on the phone she heard gunfire and stepped outside to check on the commotion. Brent Rousan shot her several times. She managed to go back into the home, but William Rousan followed her, placed a garment bag over her head and carried her outside.

He turned to his son and said, “Finish her off.” Brent Rousan fired a single shot into the side of her head.

The men placed the bodies in a tarp and put them near a shed. Later that night, they returned, along with another Rousan brother, loaded the bodies in the Lewis’ pickup truck, and took two cows, a VCR, jewelry, a saddle and other items.

For almost exactly a year, they got away with the crime. The couple seemingly had vanished without a trace.

In September 1994 investigators received two tips that helped them solve the case: Rousan’s brother-in-law, Bruce Williams, called police to implicate Rousan in the couple’s killings and a sister of William and Robert Rousan sold a VCR to a pawn shop that had been stolen from the Lewises.

The bodies were found buried in a shallow grave covered with concrete and a pile of horse manure on the farm where William Rousan was living at the time. After a four-day manhunt, Rousan was arrested while hiding in a barn on Sept. 20, 1994. He was caught with a .22-caliber semi-automatic rifle and a knife.

Brent Rousan pleaded guilty to two counts of first-degree murder and was sentenced to life in prison without the possibility of parole. Robert Rousan cooperated with prosecutors and pleaded guilty to second-degree murder.

FLORIDA – UPCOMING EXECUTION – APRIL 23 Robert Hendrix EXECUTED


last meal of pork chops, sausage gravy and biscuits, German chocolate cake and a soft drink

April 23,2014

Florida: The U.S. Supreme Court has refused to postpone the execution or Robert Hendrix, who is scheduled to die by lethal injection today at 6 p.m. for the murder of a young Lake County couple nearly 24 years ago.

 Florida executed a man by lethal injection at 6:21 p.m. Wednesday at Florida State Prison in Starke. He was convicted of the 1990 murders of Elmer and Michelle Scott at their Lake County home.
The U.S. Supreme Court denied Hendrix’s last-minute request for a stay without comment. He ate a last meal of pork chops, sausage gravy and biscuits, German chocolate cake and a soft drink, state corrections officials said.
Prosecutors said Hendrix killed the couple because Elmer Scott intended to testify against him. But Hendrix’s attorney said there was no forensic evidence linking his client to the murders and that the witnesses against him were unreliable.
Hendrix becomes the fourth person executed in Florida this year and the 16th since Gov. Rick Scott took office in 2011.

April 22, 2014

Robert HendrixRobert Hendrix (photo prison)

In August 1990, the night before his trial in the armed burglary case was to begin, Hendrix shot Scott in the face in his trailer home, hit him in the head with the gun and stabbed him in the neck, prosecutors have said. He then used a knife to cut the throat of Scott’s wife, Michelle, who fought back before Hendrix shot her three times, they added.

Scott had already made a plea deal with prosecutors in the armed burglary case in which he and Hendrix broke into a house but only Scott was caught. His cooperation led investigators to arrest Hendrix. In the weeks leading up to his trial, prosecutors say, Hendrix told friends he would kill Scott rather than return to prison

But Scott and his attorney, Harry Brody, said the case is plagued by problems.

“There isn’t any real forensic evidence placing him at the scene,” Brody said. “He maintains the state hasn’t proven anything.”

Prosecutors say that on the night of the murders, Hendrix’s live-in girlfriend, Denise Turbyville, drove him from Orange County, where they lived, to the Scotts’ trailer in neighboring Lake County and dropped him off. Michelle Scott welcomed Hendrix into the trailer, and told him Elmer Scott was in the bathroom shaving and would be out shortly. When Elmer Scott came out, Hendrix asked to use the bathroom. When he left the bathroom, Hendrix fired shots at Elmer Scott and then grabbed a knife and attacked Michelle Scott, according to prosecutors.

Brody said the two main witnesses against Hendrix, Turbyville and Roger LaForce, who claimed Hendrix told him details about the murders while they shared a cell in the Lake County Jail, are unreliable. According to Brody, both had a self-interest in testifying for prosecutors.

Turbyville pleaded guilty to two counts of second-degree murder and was sentenced to 75 years in prison instead of facing the possibility of the death penalty for a first-degree murder charge. LaForce was a confidential informant for a narcotics task force and stood to gain a lighter sentence for his assistance, Hendrix’s attorneys say.

“These two main witnesses were terribly compromised,” Brody said.

Brody also said the presiding judge had a conflict of interest, Hendrix’s trial lawyer was ineffective at presenting mitigating circumstances during sentencing and that Hendrix was shackled during his trial, leading jurors to a biased impression that he was dangerous.

The conflict of interest claim arises from Hendrix’s assertion that an attorney of Hendrix’s girlfriend had consulted with the presiding judge about the case before the judge joined the bench. The girlfriend, Turbyville, was a star witness for the prosecution. Appellate courts have dismissed the allegation. Hendrix’s attorneys also claimed the judge had presided over a criminal case against LaForce.

During sentencing, Hendrix’s attorneys failed to call witnesses who could have testified that Hendrix was regularly beaten by his father and had a serious drug addiction, factors that could explain his unbalanced mental state, according to court papers filed by Hendrix.

Through the Attorney General’s Office, family members of the victims didn’t respond to a request for an interview.

Prosecutors contend Hendrix’s claims of error during the trial are without merit.

“Hendrix fashions a cumulative error claim but fails to identify where any court has ever found error in any of his claims that would entitle him to relief,” Assistant Attorney General Mitchell Bishop said in a recent court filing.

If the execution is carried out, Hendrix would be the fourth person executed in Florida this year and the 16th since Gov. Rick Scott took office in 2011. A petition is pending before the U.S. Supreme Court, and Hendrix has filed a request for a stay of execution with the Florida Supreme Court.

 

 

 

 

Missouri inmate seeks execution stay after Oklahoma drug secrecy case – William Rousan


April 22, 2014

Lawyers for a Missouri death row inmate on Tuesday were seeking to halt his execution over concerns about the state’s secret lethal injection drugs a day after an Oklahoma court stopped two executions there over similar issues.

William Rousan, 57, is scheduled for execution at 12.01am CST on Wednesday. Rousan was convicted of murdering 62-year-old Grace Lewis and her 67-year-old husband, Charles Lewis, in 1993 in a plot to steal the farm couple’s cattle.

Attorneys for Rousan have argued that Missouri’s secret execution drugs could cause undue suffering. The eighth US circuit court of appeals on Monday rejected Rousan’s appeal, and the case was headed to the US supreme court.

The action follows a decision issued on Monday by the Oklahoma supreme court that halted the executions of Clayton Lockett, scheduled for Tuesday, and Charles Warner, scheduled for April 29. The court said the inmates had the right to have an opportunity to challenge the secrecy over the drugs Oklahoma intends to use to put them to death.

Lawyers for death row inmates in several states have raised a series of arguments against the use of compounded drugs for executions. Many states have turned to the lightly regulated compounding pharmacies for supplies because makers of drugs traditionally used in lethal injections have largely stopped making them available for executions.

But the lawyers argue that drugs obtained for lethal injections from compounding pharmacies could lead to undue suffering, which would amount to cruel and unusual punishment in violation of the US constitution. They also say they should have information about the legitimacy of the supplier, and details about the purity and potency of the drugs.

Prison officials have rejected those arguments and have been refusing to reveal where they are getting the drugs.

But Louisiana and Ohio this year have seen executions delayed because of concerns about suffering that might be caused by untraditional drug supplies. The family of one inmate executed in Ohio in January has filed suit against the state because, according to some witnesses, he took an unusually long time to die and appeared to be in pain.

Last year, Missouri started classifying compounding pharmacies as part of its execution team and said the identities of the pharmacies were thus shielded from public disclosure.

Oklahoma to proceed with lethal injection amid confusion within courts – Clayton Lockett


April 21, 2014

Execution of Clayton Lockett to go ahead after judges in disagreement over which court has the power to grant a stay

Oklahoma plans to kill Clayton Lockett by lethal injection on Tuesday, after judges could not agree which court has the authority to stay his execution amid questions over the constitutionality of the state’s capital punishment law.

The Oklahoma court of criminal appeals and the state supreme court last week both declined to stay the executions of Lockett and Charles Warner, scheduled for April 29, with each court saying it did not have the authority to grant a stay.

The inmates have sued over the constitutionality of Oklahoma’s secrecy about execution drugs, and an Oklahoma county district court judge has ruled that keeping the source of the drugs confidential is a violation of their rights. The state is defending a law that allows it to keep the source of the drugs secret, on the argument that suppliers would be in danger if their identities were made public.

Lockett, 38, was convicted of killing a 19-year-old woman in 1999. He was also convicted of rape. Warner, 46, was convicted of raping and killing an 11-month-old baby in 1997.

The Oklahoma county district judge ruled in March that the secrecy surrounding the drug source violated the inmates’ right to access the courts. The state appealed that ruling on Friday to the state supreme court calling the ruling an “overbroad interpretation” of the right to access.

The inmates’ lawyers, Susanna Gattoni and Seth Day, said in a statement it would be “unthinkable” to execute them before the state supreme court considers the constitutional issues.

“The extreme secrecy surrounding lethal injection in Oklahoma makes it impossible to know whether executions would be carried out in a humane and legal manner,” the lawyers said. The lawyers appealed again Monday to the state supreme court.

The state has said Lockett and Warner will die, and that the question is how and when.

“The citizens should not see their criminal justice system derailed and subverted by criminal defendants who have completely exhausted the entire range of appeals and processes required by the US and Oklahoma constitutions due to baseless speculation of theoretical harms raised in improper venues,” the state said in a filing.

The state supreme court said it did not have the authority to stay the executions and transferred the matter to the criminal appeals court. But the criminal appeals court said it did not have the authority to grant a stay.

In transferring the case to the criminal appeals court, the state supreme court urged the judges to consider the “gravity of the first impression constitutional issues this court will be charged with in addressing” the appeals.

The appeals present claims, “which if resolved in the prisoners’ favor, might well support alterations in the execution process,” the court said in transferring the stay.

At the criminal appeals court, judge Clancy Smith dissented from her colleagues, saying: “I would grant a stay to avoid irreparable harm as the appellants face imminent execution. I would do so in consideration of the appellants’ rights, to avoid the possibility of a miscarriage of justice, and in comity with the supreme courts’ request for time to resolve the issues pending before it.”

The state plans to use an untried dose of midazolam in a three-drug lethal injection method to kill Lockett and Warner.

Unable to find the drugs it needed to kill the men, the state changed its protocol in March to allow five lethal injection methods. The state can use four three-drug combinations, or a single dose of pentobarbital.

The state has typically fought legal battles when it wanted to revise the lethal injection method, according to a document the corrections department wrote to update the state board of corrections in 2012.

“As noted, Oklahoma has been required to litigate every change in the lethal injection protocol and anticipates future litigation for each new change,” the document states.

Lockett’s execution is scheduled for 6pm local time on Tuesday, at the Oklahoma state penitentiary in McAlester. His will be the state’s third execution in 2014.

 

theguardian.com)