"No delay for executions during drug suit," is AP coverage, via the Muskogee Phoenix.
An Oklahoma County district judge ruled Monday that she would not delay the executions of two death row inmates scheduled for later this month while the inmates challenge the state over the origins of the drugs used to carry out the death penalty.
Citing a 1992 state Supreme Court decision, District Court Judge Patricia Parrish said the state Court of Criminal Appeals, which sets execution dates, must decide on requests for stays of execution. State lawyers earlier Monday filed an objection stating Parrish has no jurisdiction in the case.
Susanna M. Gattoni, one of the lawyers for Lockett and Warner, said her office would appeal Parrish’s decision with the Oklahoma Supreme Court within 24 hours.
Parrish said, however, that she or another civil judge could handle the death row inmates’ challenge to the state’s execution procedure because the Court of Criminal Appeals does not have jurisdiction to rule in a civil matter. Clayton Lockett and Charles Warner have sued the Oklahoma Department of Corrections to learn more about the drugs that would be used to execute them.
The Oklahoman reports, "Judge denies stay of execution for two Oklahoma inmates," by Graham Lee Brewer.
The state Attorney General’s Office filed an objection to the restraining order early Monday morning in which it asserts the Oklahoma Court of Criminal Appeals is the proper venue to hear the case. That court would be the third to hear the case. The restraining order was originally scheduled for hearing in district court, but the case was moved to federal court last week at the request of the state and then moved back to district court by a federal judge.
At the Monday hearing, attorneys for both parties discussed the lawsuit challenging the constitutionality of the law allowing the state to shield the identity of its source of pentobarbital, a barbiturate used in the lethal injection process.
Earlier coverage of the Oklahoma lethal injection challenge begins at the link.