Tennessee Governor Phil Bredesen announced that his state's moratorium was over with a new lethal injection procedure in place, as noted here. Maybe not; a federal district court has stayed the execution. Henry Weinstein has, "Judge blocks execution of Tennessee man," in the LA Times.
A federal judge in Nashville on Friday blocked the execution of a man who has been on Tennessee's death row for more than 20 years, based on a challenge to the state's new lethal injection procedure.
Attorneys for Philip Ray Workman demonstrated a likelihood of success on their claim that the protocol exposes their client "to a foreseeable and likely unnecessary risk of unconstitutional pain and suffering in violation of the Eight Amendment," U.S. District Judge Todd J. Campbell wrote.
Campbell said he would hold a hearing May 14 on whether to issue a preliminary injunction barring all executions under the new protocol.
And:
The new protocol contains more detail than the old one. But Henry said it "provides for the procurement, mixing and administration of highly sensitive and unstable chemicals by poorly trained and unqualified personnel."
In support of her position, which she submitted to the district court Thursday, Henry offered a lengthy declaration by Dr. Mark J.S. Heath — a Columbia University anesthesiologist who has testified on behalf of condemned inmates around the country. The new protocol "does little to nothing to assure [the state] will reliably achieve humane executions," Heath wrote.
Campbell, in halting Workman's execution, emphasized that the new Tennessee protocol has no procedure for monitoring an inmate's "level of consciousness" during the execution process.
Campbell noted that federal courts in California and Missouri, which use similar procedures, have issued stays of executions.
The Nashville Tennessean has, "Judge delays Workman execution."
In issuing a temporary restraining order, U.S. District Judge Todd J. Campbell said more time is needed to examine the defense claims that "the new execution protocol exposes (Workman) to a foreseeable and likely unnecessary risk" of pain and suffering prohibited by the U.S. Constitution.
Earlier coverage of the developments in Tennessee is here, here, and here. More on lethal injection is here. A hat tip to Howard Bashman, who was working today while I ran errands.
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