Arizona Death Penalty News

Started by Jeff1857, June 13, 2008, 03:11:44 AM

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Arizona's method of lethal injection is open to challenge as inflicting cruel and unusual punishment because it varies in key ways from another state's method upheld by the U.S. Supreme Court, according to a filing Thursday for a death-row inmate.

Court papers filed on behalf of convicted murder Jeffrey Landrigan argue that Arizona's method remains on constitutionally shaky ground despite the April 16 ruling that upheld Kentucky's method and ``substantially similar'' ones of other states.

The papers include an anesthesiologist's declaration that differences of Arizona's method including insertion of the intravenous line in the groin area instead of an arm or a leg and because a second IV line is only a dummy that sends the injected drugs to a bucket.

The anesthesiologist, Dr. Mark Heath, said the IV insertion location and the use of a ``false line'' - possibly intended to leave doubt in the minds of executioners as to which actually costs the prisoner's death - are each used by only one or two other jurisdictions.

Both add to the risk of harm that could cause severe pain, Heath said.

The major criticism of the three-drug execution procedure is that if the executioner administers too little anesthetic or makes mistakes while injecting it, the inmate could suffer excruciating pain from the other two drugs.

Heath, an assistant professor of anesthesiology at Columbia University, has testified in cases in other states as a defense expert on lethal injection.

In Ohio, Heath said the state's procedure wasn't appropriate for household pets, let alone humans. In Maryland, Heath said the state's execution team members didn't have the medical backgrounds needed to tell if something goes wrong during an execution.

The filing by Landrigan's' attorneys was a response to a May 15 motion in which top state prosecutors asked a Maricopa County Superior Court judge to dismiss the challenge largely because Arizona's method essentially mirrors Kentucky's method.

Common aspects include use of a three-chemical mix, insertion of intravenous catheters by qualified personnel and a check to make sure the inmate is unconscious after the first chemical, a sedative, is administered, according to Attorney General Terry Goddard and Kent Cattani, Goddard's chief assistant for death penalty cases.

The prosecutors also told Judge Raymond Lee that Landrigan was precluded from even challenging the execution method now because he never chose the gas chamber as an alternative to the default method of injection.

Landrigan's lawyers disagreed, saying he had a right to make the challenge because the state has changed some details of its injection method and because the U.S. Supreme Court has changed the legal landscape on the issue since his case began.

Landrigan's scheduled execution was postponed last year by the Arizona Supreme Court after the U.S. Supreme Court said it would decide the Kentucky case.

Landrigan escaped from an Oklahoma prison in 1989, where he was serving terms for a 1982 murder and a 1986 prison stabbing. After a night of drinking beer in Phoenix a month later, Landrigan killed Chester Dyer by stabbing him and strangling him with an electrical cord.

Robert Charles Comer's execution on May 22, 2007 was the last in Arizona and the first in the state since Donald Miller was executed on Nov. 8, 2000.
Landrigan was stayed pending Baze. I had hoped that Arizona would have rescheduled him already but doesn't look like that's happening.


June 13, 2008, 03:23:30 AM Last Edit: June 13, 2008, 03:25:03 AM by gabmat

In Ohio, Heath said the state's procedure wasn't appropriate for household pets, let alone humans.

I think Heath is full of sh*t. I went through the pain of having a pet put to death almost 30 years ago. I was right there. Next to my dog, supporting him. Not looking through a window. My dog didn't feel any pain.

The only thing I can think of as an appeal since the Baze case is that the amount of sodium thiopental used differs from state to state.

But, to get back to the "pet issue"... our pets are put down much more humanely. Why don't they use the same procedure on humans? It would settle the matter of "cruel and unusual punishment" forever. No pain involved. So no appeals possible on this issue.


May´be I should open an own thread about this topic...  ;)

LI is for sure not cruel. I just can laugh about this argument.

We can discuss that it´s cruel to keep someone for years behind bars to kill him sometimes. Keep them for 23 hours in a small cell. And so on... There are much cruel things around execution, but not the LI.


I´m not sure if there´s a hell, but I believe in executed murderers.


Execution date is denied to allow for appeal

The Arizona Supreme Court on Tuesday denied a request from the state to set an execution date for a convicted murderer while state and federal courts are evaluating the Arizona procedure for execution by lethal injection in the wake of a U.S. Supreme Court decision.

Daniel Wayne Cook has been on death row for 20 years for killing two men in 1987 in Lake Havasu City.

full story
I´m not sure if there´s a hell, but I believe in executed murderers.


Faced with a continuing legal challenge, Arizona officials have told a federal judge they are willing to revise how the state conducts executions through legal injections, including changes in what is injected and where.

Lawyers challenging the state's protocol on behalf of death-inmates contend that the state's method still would be unconstitutional despite the changes.

The constitutionality of the Arizona execution method is being litigated in the wake of an April 2008 U.S. Supreme Court ruling that found a similar but not identical execution protocol used by Kentucky was constitutional because it did not constitute cruel and unusual punishment.
Executions in Arizona are on hold pending the outcome of legal challenges - both the one being heard in U.S. District Court in Phoenix on behalf of the seven inmates and one pending in Maricopa County Superior Court on behalf of another death-row inmate.

Both Arizona and Kentucky use a method that administers three drugs in succession: a drug to render the inmate unconscious, followed by a second drug to paralyze the inmate, and a third to stop the heart.

Defense attorneys contend that the Arizona protocol is substantially different from the Kentucky version upheld by the Supreme Court. That's partly because Arizona inserted drugs through a tube into the groin instead of an arm or leg and because it employs at least one "false line" - a dummy that empties chemicals into buckets instead of into the inmate's veins. Use of the dummy line was apparently intended to keep members of the execution team from knowing for certain whether they administered a fatal dose.

In a recent filing in the federal court challenge, lawyers for the state said it was willing to have the injection made into a limb and to drop the dummy line. Other changes include halving the concentration of one of the chemicals, not using a physician barred from being allowed to participate in Missouri executions and requiring licensing and background checks of medical personnel participating in an execution.

All that's left in the inmates' case is "speculation" that executions would cause needless suffering and that isn't enough to block use of an execution method substantially similar to the Kentucky version upheld by the Supreme Court, lawyers for Arizona argued.

Defense attorneys responded that the changes represent telling concessions by state officials. "By their willingness to adopt such changes, defendants acknowledge that, at the very least, there exists an issue of fact as to whether the current Arizona Protocol (which has not been amended) violates the Eighth Amendment."

Remaining issues include the composition of the medical team and whether the injection should consist of only an anesthetic to render an execution subject unconscious instead of the three-chemical mix that also includes a muscle paralyzer and a chemical that stops the heart.

The next execution in Arizona would be the first since that of Robert Charles Comer on May 22, 2007. His was the first since Donald Miller was executed on Nov. 8, 2000. That long gap was a result of time the court system took to sort out jurors' role in death penalty sentencing.


Execution method of lethal injection approved----Case changed lethal-injection process

A federal judge Wednesday removed a major obstacle to executions in Arizona, ruling that the state's lethal-injection procedure is similar to one approved by the U.S. Supreme Court.

Executions have been on hold in Arizona since November 2007, when the Arizona Supreme Court postponed the death of convicted murderer Jeffrey Landrigan pending the U.S. Supreme Court's analysis of how inmates were put to death in Kentucky.

The high court's ruling approved the Kentucky protocol, but left the door open for other death-row defendants to question how it was done in their states.

Federal public defenders in Phoenix quickly filed such an appeal in Maricopa County Superior Court on Landrigan's behalf. And they filed a nearly identical suit in federal court on behalf of nine Arizona death-row prisoners who have not yet exhausted their appeals.

The two cases have been simultaneously working their way through the courts with similar arguments and nuances tailored to state and federal law. But the federal case was decided first.

U.S. District Court Judge Neil Wake on Wednesday ruled in favor of the Arizona protocol.

The Superior Court case has yet to be decided, but its outcome likely will be influenced by the federal court decision.

Assistant federal public defender Dale Baich, who oversees both cases, said he will appeal Wake's decision to the 9th U.S. Circuit Court of Appeals.

But Assistant Arizona Attorney General Kent Cattani said he doubted the Appeals Court would overturn the decision, given the state's similarities to the Kentucky protocol.

"The intent is to have the process be as humane as possible," he said.

The Arizona protocol has changed considerably since the state's last execution because of arguments from Baich's office.

As in most states, Arizona's execution process depends on three drugs: a barbiturate to render the inmate unconscious and deaden the pain the other drugs cause; a paralytic to stop breathing and prevent witnesses from seeing involuntary spasms; and a chemical to stop the heart.

But the defense team assembled by the federal public defender objected to a technique that used an extra, false IV line that in fact emptied into a bucket so that the executioners could not be sure which of them administered a fatal dose.

They also argued against using an IV line into a groin artery that required a surgical insertion.

And after interviewing members of the execution medical team, the defense attorneys discovered that one of the nurses on the team had several DUI convictions, license suspensions and suffered from post-traumatic stress disorder.

In its last execution, in May 2007, the state had used a Missouri doctor who had been forbidden from carrying out executions in his home state by a federal judge after he admitted that he improvised doses, was dyslexic and kept no records.

However, the defense attorneys got most of what they asked for as the state moved its protocol closer and closer to one they felt would match or exceed the Kentucky model. The new protocol uses an IV catheter into an arm, and the state has agreed to do thorough background checks on its executioners. Furthermore, in future executions, a prison warden will remain in the execution chamber during the procedure, and a member of the medical team will examine the condemned person after the barbiturate is administered to make sure he or she is unconscious before the potentially painful drugs are given.

"We think the protocol from (the last execution) would have passed constitutional challenge," Cattani said. "If there's a better way out there, we'll adopt that procedure."

Baich countered, "If there weren't 'problems' with the old protocol, at least they had some concerns."

(source: Arizona Republic)


you cant just relay on the death for these men who kill my father is one of these men and you have to remember they have familys to and its not right to go for an eye for an eye we arent in the middle ages and im not saying what they did was right  but make them sit in jail for the rest of their life we shouldnt want to put people throu the greviving process and hurt other people who havent been involved

Granny B

Jeffery Timothy Landrigan

Sept. 5, 2003 12:00 AM

Jeffery Timothy Landrigan

Date of Birth: March 17, 1962

On Dec. 15, 1989, Chester Dean Dyer was found dead in his apartment by co-worker, who went to his residence because they were concerned about his failure to appear for work. Dyer was found face down with an electrical cord at the front of his throat. The victim also had lacerations about his face and puncture wounds in the upper back. The victim's death was determined to have been caused by strangulation. Dyer had telephoned Michael Shaw at work on Dec. 13, 1989, to let him know he had talked "Jeff" into coming to his apartment and was having sexual relations with Jeff. On Dec. 20, 1989, the police arrested Landrigan on unrelated charges. Police later developed numerous items of evidence that tied Landrigan to the killing of Dyer.



Convicted: June 28, 1990

Sentenced to death: Oct. 25, 1990

Aggravating circumstances

Prior offenses involving violence

Pecuniary gain

Mitigating circumstances

No premeditation


"Profiles of Arizona Death Row Inmates," Arizona Attorney General's Office.
" Closure? Closure is a misused word in the English language.  There is no such thing as closure for the family of a murder victim.  There will never be any closure for the death of our loved ones until we are dead ourselves.  The families have a lifetime sentence of anguish and sadness." 
Susan Levy


May 11, 2010 |

It's time to resume Arizona death penalty

by Timothy La Sota - May. 11, 2010 12:00 AM
Special for the Republic

Through a series of legal maneuvers, death-row inmates and anti-death-penalty activists have succeeded in grinding the wheels of justice to a halt in Arizona with a 10- year hiatus on executions, except for one killer who wanted to be executed.

Fortunately, the Arizona Supreme Court will decide next month whether to allow the resumption of the death penalty. It's time for the justices to put a stop to the endless appeals and let justice be done.

On May 20, the Supreme Court will consider whether to issue a death warrant for Donald Beaty. Many here still remember Beaty's victim, 13-year-old Christy Ann Fornoff. In 1984, Beaty abducted Christy while she collected for her Phoenix Gazette paper route, then raped and strangled her. Beaty dumped Christy's body behind the garbage dumpster at his apartment and later attended her funeral.

Twenty-six years on death row is way too long - it's time for Beaty to go, and the Supreme Court must issue a death warrant for him.

The Supreme Court will also decide the fate of Jeffrey Landrigan. Landrigan was already in prison for murder in Oklahoma when he escaped in 1989. Chester Dyer had the grave misfortune of meeting Landrigan, and Landrigan strangled him in his own apartment with an electrical cord. Twenty-one years of appeals is already too long for this two-time murderer. It's time for his sentence to be carried out.

Daniel Cook may also soon be facing a death warrant. With the help of an accomplice, Cook raped, tortured and murdered a roommate and co-worker, Carlos Cruz-Ramos. When another co-worker, Kevin Swaney, came to check on Cruz-Ramos, Cook raped and murdered him, too.

Twenty-two years after being sentenced to death, Cook's time has clearly come. The Supreme Court must act to finally impose his lawful sentence.

With the horrors inflicted by these monsters, it's difficult for many of us to accept that much of the delay in bringing them to final justice is because of an argument over whether lethal injection constitutes "cruel and unusual" punishment.

Many people would laugh at the argument that a relatively painless execution with a needle is an unconstitutional sentence.

These killers have had their day in court. Actually, they have all had more than two decades in court. The time has come for all of them, and justice demands that their death sentences be carried out. Let the punishment fit the crime.

Timothy La Sota is chief of staff to the mayor of Scottsdale and a former special assistant deputy county attorney.


heidi salazar

Drug shortage may imperil executions in Arizona

A worldwide shortage of a drug used in lethal-injection procedures could jeopardize future executions in Arizona.

The shortage became evident last week during a federal court hearing in Ohio. There, an Arizona-based federal public defender told the court that Ohio had admitted it did not have enough of the drug, thiopental sodium, to carry out an execution later that week.

According to court transcripts, attorney Dale Baich asked if the state would call off the execution if it did not find an ample supply. By the end of the day, the state had found an alternative source for the drug, and the execution was carried out as planned on Thursday.

Baich declined comment.

The shortage could affect Arizona as well, just as it is poised to resume executions after three years and a long court battle to establish a constitutionally acceptable method of lethal injection.

Barrett Marson, a spokesman for the Arizona Department of Corrections, said the department does not have a stockpile of the drug. According to the state's official execution-procedure manual, finalized in September, the drugs for execution are not ordered until the death warrant is received.

On Thursday, the Arizona Supreme Court will discuss whether to issue a death warrant for convicted murderer Richard Lynn Bible, who raped and killed a 9-year-old girl in Flagstaff in 1988.

If the warrant is approved, Bible would be scheduled for execution in late June.

But he can't be executed without thiopental sodium.

Dan Rosenberg, a spokesman for Chicago-based Hospira, the sole U.S. company that manufactures thiopental sodium, told The Arizona Republic that because of an unspecified "manufacturing issue," they cannot provide the drug. Rosenberg could say only that the company expected "the product to be available again in the third quarter," which means sometime between July 1 and September 30.

Arizona carried out its last execution by lethal injection in May 2007, when it put to death Robert Comer, who murdered a man at an Apache Lake campground in 1987.

Jeffrey Landrigan, who strangled a man in Phoenix in 1989, was scheduled to die Nov. 1, 2007, but his execution was stayed by the Arizona Supreme Court while the U.S. Supreme Court pondered whether the lethal-injection protocol in Kentucky constituted cruel and unusual punishment.

The high court ultimately approved the Kentucky methodology in April 2008, but it also invited condemned inmates in other states to question the means of putting them to death.

Landrigan became the Arizona test case in Maricopa County Superior Court, and another killer named Donald Beaty was the lead defendant in federal court.

Death warrants for both men are pending before the Arizona Supreme Court and could similarly be affected by the drug shortage.

Baich was supervisor of the federal public defenders who hammered out the current Arizona protocol with the Arizona Attorney General's Office. Both state and federal judges signed off on the Arizona protocol last year.

The Ohio procedure depends entirely on thiopental, a barbiturate used as an anesthetic in Caesarean sections because it anesthetizes the mother without affecting the baby and in emergency-room intubations because it takes effect rapidly and wears off quickly.

It is also referred to as sodium thiopental and sodium pentothal.

According to a hospital medical director, who asked not to be identified because of the medical-ethics issues posed by lethal injection, available stores of thiopental have been further depleted because of a shortage of the drug propofol, the anesthetic that killed pop star Michael Jackson.

Anesthesiologists can substitute one drug for another, but executioners cannot because their protocols have been hammered out through litigation.

In Arizona, protocol calls for three drugs injected intravenously. Thiopental, the first, renders the condemned person unconscious and theoretically impervious to the other two drugs. The second, pancuronium bromide, paralyzes the defendant so that witnesses cannot see any signs of twitching or respiratory distress that could occur from barbiturate overdose. The third drug, potassium chloride, stops the heart.


JT - can you please mix some drugs for Arizona?  ;)

I´m not sure if there´s a hell, but I believe in executed murderers.


Justices to weigh order for execution of Daniel Wayne Cook

by Michael Kiefer - Nov. 28, 2010 12:00 AM

The Arizona Republic

On Tuesday, the Arizona Supreme Court will discuss whether to set an execution date for death-row prisoner Daniel Wayne Cook, who was sentenced to death for killing two men in Lake Havasu City in 1987.

If the justices issue the death warrant, as the order is called, Cook, 49, will be put to death by lethal injection 35 days later, in early January.

It would be the second execution within three months, following a three-year lapse as state and defense attorneys hammered out the exact procedure for lethal injection.

And it will reignite the legal fight over where the state obtains the drugs to carry out the procedure.

Jeffrey Landrigan was executed Oct. 26, but only after lawyers for Landrigan and the state brought his case all the way to the U.S. Supreme Court on the day of the execution to determine whether the Arizona Department of Corrections had to reveal where it obtained one of the drugs used in the lethal-injection procedure.

The high court tossed aside two decisions by the 9th Circuit U.S. Court of Appeals to stay the execution and ruled that Landrigan was not entitled to learn where the drug was obtained; Landrigan was executed within hours of the decision.

But the drug question remains, and it has reverberated on both sides of the Atlantic: in California and Tennessee, where executions are imminent, and in England, where Arizona and possibly other states have obtained new supplies of sodium thiopental, a barbiturate intended as a short-acting anesthetic. It is used in executions to sedate the condemned person and prevent him or her from suffering pain and suffocation from the ensuing two drugs.

The present case centers on the time Cook worked in a restaurant in Lake Havasu City and shared an apartment with two co-workers. On July 19, 1987, he stole money from one of the roommates, Carlos Froyan Cruz Ramos, and when Cruz Ramos started to look for the money, Cook and the third roommate, John Matzke, tied him to a chair for hours, beat him, burned him with cigarettes and sodomized him before crushing his throat with a pipe.

When another restaurant employee, Kevin Swaney, came to the apartment, Cook sodomized and strangled him, too.

Matzke testified against Cook in exchange for a conviction of second-degree murder. He served a 20-year prison sentence and was released in 2007.
Drug shortage

The thiopental shortage became apparent in May, when an Ohio execution was nearly postponed as state officials scrambled to find the drug. Executions in other states were subsequently postponed because of the shortage.

The one U.S. pharmaceutical firm licensed to sell thiopental by the U.S. Food and Drug Administration has not manufactured the drug since 2009 because of "manufacturing issues," and the FDA repeatedly told The Republic that there was no mechanism to import the drug from elsewhere.

But on Sept. 30, as Landrigan awaited his already-scheduled execution, the Arizona Department of Corrections announced that it had obtained a supply of thiopental. Over the next several weeks, it became apparent that it was not made by the U.S. company licensed to sell the drug. Arizona Attorney General Terry Goddard told The Republic that it had been procured in Great Britain.

In the weeks before Landrigan's execution, Arizona and California had suddenly obtained thiopental, but refused to say from where.

Landrigan's attorneys appealed to the Arizona Supreme Court to find out if the new supply had been lawfully obtained; the state maintained that it was, but without saying how, and the court did not force disclosure.

Defense attorneys took the matter to federal court, and just days before the execution, U.S. District Court Judge Roslyn Silver issued a stay of execution and ordered the state to reveal its sources. The state refused. The 9th Circuit upheld the stay twice, and the state took it to the U.S. Supreme Court, which overturned the appeals-court decision.
International disputes

News that the drug was sold in Great Britain went viral in Europe, where capital punishment is mostly illegal. According to regulations of the European Union, no people or corporations within the union are supposed to assist in any way in executions in other countries.

A British anti-death-penalty organization named Reprieve filed a lawsuit there on Nov. 2 to try to keep the British pharmaceutical firm from selling thiopental to Tennessee and California for upcoming executions. Last Thursday, a letter from Reprieve's attorney to government officials confirmed that, according to his correspondence with FDA officials in the U.S., it was not possible to import the drug legally to the U.S. and that the British manufacturer was also concerned.

It has become an issue not just in England, but in Italy and Austria, where the drug also is manufactured but is intended only as an anesthetic, not as an agent to execute criminals. One Italian manufacturer told La Repubblica newspaper in Rome, "If someone produces kitchen knives, are they responsible when someone uses them to kill?"

California and Texas have announced that they will reveal their sources for thiopental.

Attorneys for Landrigan hoped to continue his lawsuit to compel the state to reveal the source of the drug, and they tried to attach Cook and two other defendants to the case. Last week, Silver ruled that Landrigan's case was moot because he was dead.

Cook has filed his own suit in federal court to try to force the information, and that suit may play into the Arizona Supreme Court's decision whether to issue a death warrant.







Death row inmate seeking third appeal

Filing claims disorder should exclude Cook from execution

By JIM SECKLER/The Daily News

Published: Tuesday, December 7, 2010 11:28 PM MST

KINGMAN -- The attorney for a Lake Havasu City man currently on death row for a 1987 double murder is seeking a third appeal on behalf of his client.

Daniel Wayne Cook's appellate attorney, Michael Meehan of Tucson, filed a post-conviction relief in Mohave County Superior Court and the Arizona Supreme Court. Meehan argues that Cook has recently been diagnosed with post traumatic stress disorder and organic brain dysfunction that may have existed at the time Cook killed two men in Lake Havasu City in July 1987. Cook, 49, received the death penalty in August 1988 after being convicted of double murder.

Meehan argued that the prosecutor would not have sought the death penalty if he had known that Cook suffered from PTSD and organic brain dysfunction after he reportedly was sexually and verbally abused as a child.

Meehan also filed a lawsuit Nov. 10 challenging the constitutionality of sodium thiopental used in executions. The lawsuit claims that the State of Arizona obtained the drug in violation of federal law. With an unlawfully obtained drug, Cook would suffer "unconstitutional severe pain and suffering" if executed.

The Arizona Supreme Court postponed a decision giving state prosecutors until Dec. 30 to file a response to the lawsuit.

Full article :







UK company supplied execution drugs to Arizona

Jan 6, 2011 1:12 PM GMT+0100

By The Associated Press

LONDON (AP) -- A British company supplied the three drugs used to execute death-row inmates to a prison in Arizona, anti-death penalty advocates said Thursday.

Rights group Reprieve said Dream Pharma Ltd., a company run from a London driving school office, shipped sodium thiopental, potassium chloride and pancuronium bromide in September. Reprieve released a copy of the firm's invoice to the Arizona State Prison Complex for 4,253 pounds ($6,584) worth of the three drugs.

Two months later and after pressure from campaigners, the British government banned the export of sodium thiopental for executions. There are no similar restrictions on the other two drugs.

Britain has no death penalty and the government encourages other countries not to carry out executions.

Dream Pharma's director, Matt Alavi, declined to comment Thursday.

Sodium thiopental can be used as a general anesthetic, but is also the first of three drugs given during the lethal injection process. American states have been going abroad to obtain the sedative because of a shortage in the U.S.

Reprieve said the drugs exported by Dream Pharma were used in the Oct. 26 execution of convicted killer Jeffrey Landrigan.

Arizona Chief Deputy Attorney General Tim Nelson said at the time that sodium thiopental imported from Britain was used to execute Landrigan.







ARIZONA----2 new execution dates:

Arizona Supreme court OKs death warrants for 2 men

The Arizona Supreme Court on Tuesday approved death warrants for 2 death-row prisoners, clearing the way for their executions.

Eric King, 47, is scheduled for execution March 29 for a 1989 crime spree in which he and an accomplice robbed a Phoenix convenience store.

King shot and killed the clerk, Ron Barman, and a security guard, Richard Butts, with Butts' pistol before making off with about $72.

Daniel Wayne Cook, 49, who received two death sentences, will be executed April 5.

He was convicted of murdering two men in Lake Havasu City in 1987.

After stealing money from Carlos Froyan Cruz Ramos, a restaurant co-worker and roommate, Cook and a third roommate tied Cruz Ramos to a chair, beat him, burned him with cigarettes and sodomized him for hours before crushing his throat with a pipe. When another restaurant employee, Kevin Swaney, came to the apartment, Cook sodomized and strangled him as well.

Cook's execution has already been postponed several times as state courts considered whether his post-traumatic stress disorder warranted a new trial and whether the state of Arizona had properly obtained the drugs that will be used in his execution.

Both men are party to a federal lawsuit that challenges the U.S. Food and Drug Administration to confiscate stores of the drug sodium thiopental, 2 of 3 needed for execution by lethal injection.

The thiopental was obtained from Great Britain.

Drugs from the same source were used in the state's execution of Jeffrey Landrigan in October.

(source: Arizona Republic)

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