LITTLE ROCK, Ark. (AP) - Two Arkansas inmates set to die this week in a double execution filed more legal challenges Wednesday, but so far the pair is hitting roadblocks as a judge weighs a new attempt to prevent the state from using one of its lethal injection drugs in what would be the state's first executions in almost a dozen years.
In a 4-3 ruling, the court found that Stacey Johnson should be allowed to prove his innocence based on more DNA testing.
Representatives from the attorney general's office were at the state Supreme Court on Thursday hoping justices would overturn a decision by Pulaski County Circuit Judge Alice Gray that halted the use of vecuronium bromide in any execution. That would be the most in the United States in as short a period since the death penalty's reinstatement in 1976. The State of Arkansas also argued that granted this restraining order would essentially cause a stay of execution, which the state said Judge Gray didn't have the authority to do.
The execution of a third inmate, Jason McGehee, had been set for April 27, but a federal judge put it on hold earlier this month, saying McGehee was entitled to a 30-day comment period after the Arkansas Parole Board told the governor that the inmate's clemency request had merit.
A deputy director of the Arkansas prison system says he deliberately ordered an execution drug in a way so there wouldn't be a paper trail.
McKesson Medical-Surgical - a pharmaceutical supply company - claims that the Arkansas Department of Corrections duped them into providing 100 vials of the second drug in the lethal injection protocol, vecuronium bromide, believing they were providing it for medicinal reasons. The company sued to stop Arkansas from using the drug in the planned lethal injections, and a hearing over that issue was underway in Little Rock on Wednesday afternoon. In text messages from Jenkins' phone, which came up at a court hearing Wednesday, there is no mention that the drug would be used in executions.
Rosenzweig also represents two other inmates scheduled to die this month - Jack Jones and Kenneth Williams. But the 8th U.S. Circuit Court of Appeals reversed that order Monday, and the inmates appealed that decision to the U.S. Supreme Court. McGuire's execution lasted 25 minutes, the longest in Ohio's history, and witnesses said he "gasped several times throughout" before dying. The attorney for Davis and Ward requested stays of execution until the US Supreme Court rules on an upcoming case concerning defendant access to independent mental health experts. On Tuesday, a state judge denied the DNA test for Lee.
Johnson was convicted in Arkansas of the 1993 murder and sexual assault of Carol Heath.
It was unclear whether Rutledge would appeal the stay of execution for Johnson to the U.S. Supreme Court after the state lost an appeal to the high court on a case involving another inmate Monday night. But courts have blocked three of those executions from going forward. "It is inconceivable that this court, with the facts and the law well established, stays these executions over speculation that the (U.S.) Supreme Court might change the law". The state and its lawyers say the inmates are seeking any legal approach they can find to avoid death.
On the April 18 edition of Fox News' Happening Now, host Jon Scott opened a panel discussion by asking, "The reasoning for this holdup has nothing to do with the lethal injection drugs that are currently in question, right?"