The Richmond Times-Dispatch has, "Killer Emmett's latest appeal denied."
Unless the U.S. Supreme Court grants a stay or Gov. Timothy M. Kaine steps in a second time, Christopher Scott Emmett will die by lethal injection tomorrow night.
Emmett won a reprieve in June two hours before he was to be executed when Kaine delayed it until Oct. 17 to give the U.S. Supreme Court a chance to consider hearing his appeal. The justices declined.
However, on Sept. 25, the high court agreed to hear challenges to the constitutionality of lethal-injection procedures in Kentucky, procedures similar to those used in Virginia and other states that use lethal injection.
There was an execution in Texas on Sept. 25 but none in the U.S. since.
Yesterday, the 4th U.S. Circuit Court of Appeals rejected Emmett's request for a stay. But another federal appeals court stayed an execution set for today in Arkansas. And an execution scheduled for last night in Nevada was halted by the Nevada Supreme Court 90 minutes before it was to take place, according to The Associated Press.
Emmett's lawyers are asking the U.S. Supreme Court and Kaine to stop the execution until the high court rules on whether lethal injection constitutes cruel and unusual punishment.
In papers filed yesterday, the Virginia attorney general's office urged the justices to reject the request for a stay, arguing it was foot-dragging. Emmett, the state says, never challenged his method of execution during his trial or in prior appeals.
Kevin Hall, a Kaine spokesman, said yesterday that "we're closely monitoring court activity, and the governor is still weighing the updated clemency requests frrom Emmett's attorneys."
The Roanoke Times has an editorial, "Governor should delay Emmett's execution."
The clock is ticking. Kaine should grant the delay and stop all other state executions until the high court rules.
A court ruling likely won't be made until next year, possibly as late as the summer. Proceeding with state executions when the legality of lethal injections is in question would be inhumane.
Emmett's attorneys have attempted to bolster their request for a delay with a claim that the state bungled last year's execution of John Yancey Schmitt.
Attorneys argue that Schmitt lingered too long in pain and agony when he was put to death by lethal injection, a claim disputed by the state.
But, if true, it would substantiate the argument that death by a three-chemical cocktail -- one that puts the inmate into a deep sleep, followed by a second that stops breathing by paralyzing the diaphragm and lungs, and a final chemical that induces cardiac arrest -- is cruel and unusual punishment.
The concern is that the drug that puts prisoners to sleep wears off before the drug that kills them takes effect, while the paralytic disguises any outward sign of the extreme pain they would feel.
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