"Federal judge declines delaying 2 Arizona executions," is Michael Kiefer's Arizona Republic report.
A federal judge on Thursday denied a preliminary injunction that would have stopped or postponed two upcoming executions because of recent changes in the Arizona Department of Corrections protocol for lethal injection.
U.S. District Court Judge Neil Wake has consistently ruled in favor of the corrections department against allegations made by the Federal Public Defender's Office, which asked for delay in the executions of Robert Moormann and Robert Towery. The men are scheduled to die Feb. 29 and March 8, respectively.
The federal defender argued that the new protocol, which went into effect Jan. 12, lessens the qualifications required of executioners, gives too much discretion to Corrections Director Charles Ryan, and eliminates the possibility of the condemned to meet with their attorneys in person on the morning of their executions, among other things.
Wake denied the request.
In December, Wake ruled that lapses by the corrections department in following its own protocol did not violate prisoners' rights. The corrections department subsequently amended its protocol, in effect institutionalizing the lapses.
Dale Baich of the Federal Public Defender's Office said he planned to appeal to the 9th U.S. Circuit Court of Appeals.
From Nebraska, the Omaha World-Herald reports, "Court grants Ryan a stay of execution." It's by Joe Duggan.
Legal questions over how Nebraska obtained one of its lethal injection drugs led the Nebraska Supreme Court on Thursday to stay the March 6 execution of Michael Ryan.
The former religious cult leader filed an appeal Feb. 13 in Richardson County District Court that alleged the state plans to use a stolen supply of sodium thiopental to carry out his execution. The appeal is pending before District Judge Daniel Bryan.
On Thursday, the high court ruled the appeal is “sufficient cause to warrant a stay.”
"Supreme Court halts Ryan execution," by Kevin O'Hanlon in the Lincoln Journal Star.
The Nebraska Supreme Court on Thursday issued a stay of the March 6 execution of death-row inmate Michael Ryan.
In a one-page order signed by Chief Justice Mike Heavican, the court said it was issuing the stay because Ryan has an appeal pending before Richardson County District Judge Daniel Bryan Jr.
In that appeal, defense lawyer Jerry Soucie of the Nebraska Commission of Public Advocacy argues that Ryan was sentenced to die in the electric chair, which the state no longer uses.
Ryan was convicted in the cult-related 1985 killings of James Thimm, 26, and Luke Stice, 5, near Rulo. He was sentenced to death for Thimm's murder.
Soucie also is challenging Nebraska's purchase of one of the three lethal injection drugs needed for an execution.
Nebraska switched to lethal injection after a 2008 state Supreme Court ruling that said the electric chair was unconstitutional and cruel and unusual punishment. At the time, Nebraska was the only state with electrocution as its sole means of execution.
And:
Late last year, Nebraska prison officials said they bought sodium thiopental made by Naari, a pharmaceutical company headquartered in Switzerland. In fact, they bought the drug from a middleman who bought it from Naari and then sold it to the state.
Soucie filed documents with the high court saying Harris and his company, Harris Pharma LLP, were not authorized to sell the drug. The shipping manifest from Naari to Harris Pharma, dated Sept. 30, 2011, says: "Samples have no commercial value. Samples not for sale. Free trade sample." Further, it says the drug is "for test and evaluation purpose."
That, Soucie contends, means Harris misappropriated the thiopental from Naari, and Nebraska prison officials are in possession of stolen property.
The pharmaceutical company, Naari, has asked the state to return the drug, saying it was obtained by deception.
Soucie hailed Thursday's order.
"It gives us an opportunity to try to determine the facts concerning the actions of the Department of Correctional Services ... in regards to the ... Naari purchase," Soucie said.
The ruling in Nebaska v. Ryan is available in Adobe .pdf format.
Earlier lethal injection coverage from Arizona and Nebraska begins at the links. Related posts are in the lethal injection index.
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