Today's Oklahoman reports, "Defense attorney appeals federal court decision on Oklahoma execution." It's written by Robert Boczkiewicz.
Oklahoma’s intention to use a drug the state has never used in executions would violate state law, a death row inmate’s attorney argued Wednesday.
Using pentobarbital as the first of three drugs given during lethal injection “does not comply with the plain language of the governing Oklahoma statute,” contended Timothy Payne, attorney for Jeffrey Matthews.
Payne, an assistant federal public defender in Oklahoma City, made his argument in a 36-page brief filed at the 10th U.S. Circuit Court of Appeals in Denver.
An execution date has not been set for Matthews, but another death row inmate, John David Duty, is scheduled for lethal injection Dec. 16, and the state is planning to use pentobarbital as the sedative.
Payne argued Oklahoma law requires executions to use an ultra short-acting barbiturate.
Pentobarbital “is simply not an ultra short-acting barbiturate,” Payne wrote. “This is acknowledged by the state’s own expert.”
The appeals court is expediting the appeal, requiring state attorneys to respond by Friday.
And:
Using an improper anesthetic could cause “severe, excruciating pain,” violating the Constitution’s protection against cruel and unusual punishment, Payne argued.
U.S. District Judge Stephen P. Friot in Oklahoma City ruled Nov. 19 against that argument and decided Oklahoma can use pentobarbital. Matthews’ appeal challenges that decision.
Oklahoma prison officials said a few months ago they intended to switch to pentobarbital because of a nationwide shortage of sodium thiopental, the sedative it normally uses for executions.
Pentobarbital is used in animal euthanasia.
Earlier coverage of Oklahoma's decision to switch execution drugs begins at the link.
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