Thomas Arthur - AL - 2/19/15 - STAYED

Started by Grinning Grim Reaper, December 30, 2014, 03:40:41 PM

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Grinning Grim Reaper

State sets dates to kill first inmates since 2013


Posted: Monday, December 29, 2014 6:25 pm |  Updated: 6:31 pm, Mon Dec 29, 2014.   

By Tim Lockette, Star Staff Writer

The Alabama Supreme Court has set execution dates in early 2015 for two death-row inmates, as the state prepares to end a long death penalty hiatus caused by a shortage of execution drugs.
 
Thomas Arthur is set to be executed by lethal injection Feb. 19 for a murder in Muscle Shoals in the 1980s.

William Kuenzel, convicted in the killing of a convenience store clerk in Sylacauga, is scheduled for execution March 19. Both execution dates were set by the state's highest court in orders issued Dec. 23.

Kuenzel and Arthur would be the first Alabama inmates executed using a new three-drug protocol that starts with midazolam, and anesthetic intended to prevent inmates from feeling pain during executions. The new lethal injection formula also includes the muscle relaxer rocuronium bromide and, finally, a shot of potassium chloride to induce cardiac arrest.

State officials settled on midazolam in September, after years of struggling with shortages of execution drugs. Past executions used drugs such as pentobarbital, but major manufacturers, many of them based in Europe, have backed out of supplying those drugs for use in executions. The death penalty is banned throughout much of Europe.

Alabama hasn't executed an inmate since July 2013. State officials in March acknowledged that they'd run out of the drugs the state was using in executions at the time.

Attempts to reach attorneys for both Kuenzel and Arthur were unsuccessful Monday, as were attempts to reach Clay Crenshaw, who oversees capital cases for the Alabama Attorney General's office.

Over recent weeks, however, those lawyers have hashed out each man's case in court. In an October court filing, Kuenzel's lawyers questioned the reliability of witnesses who located Kuenzel at the scene of the crime - and called the state's motion for an execution date "wildly premature" due to an appeal Kuenzel still has pending.

Arthur's lawyers, meanwhile, have argued that the new three-drug protocol violates the constitutional prohibition on cruel and unusual punishment.

In a court motion filed in October, Arthur's lawyers claim the new drug is likely to cause "severe pain and suffering" during Arthur's execution. They also claim that secrecy surrounding details of the execution protocol makes it difficult for a court to review.

The attorney general's office argues that the midazolam protocol is "virtually identical" to one that has held up to court scrutiny in Florida.

"Numerous courts have examined Florida's protocol and held it to be constitutional," Crenshaw stated in a court motion in September.

With the change to midazolam in September, the attorney general's office sought execution dates for nine inmates on death row. So far, according to officials in the attorney general's office, only Kuenzel and Arthur have dates set. But at least two others have challenged the new drug protocol in federal court, using arguments similar to those made in Arthur's case.

Among those inmates is former Anniston resident Anthony Boyd, one of four men convicted in the 1993 killing of Gregory Huguley. According to Anniston Star accounts of his 1995 trial, Boyd and others, seeking revenge for an alleged drug debt, taped Huguley to a bench in a Munford park, doused him with gasoline, and set him on fire.

Boyd's attorney, Matthew Moschella, maintains Boyd is not guilty of the crime. But even a guilty defendant would deserve protection from cruel and unusual punishment, he said.

"I think the fundamental principle that our legal system rests on is that everyone is equal to the same constitutional protection," he said. "Once that barrier is erased for one person, no matter how despicable their crime, there it goes for all of us."

In a response to Boyd's motion, prosecutors said Boyd filed his claim too late -- because the switch to midazolam was not significant enough to reset the two-year statute of limitations for filing such a claim. The state switched from electrocution to lethal injection in 2002, and prosecutors claim Boyd's statute of limitations ran out in 2004.

There are currently 193 inmates still on Alabama's death row.

www.annistonstar.com

Alabama is starting to line them up!  8)
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

turboprinz

Federal judge rules stay remains in place on execution of Alabama death row inmate Tommy Arthur
January 05, 2015

MONTGOMERY, Alabama --- A federal judge ruled today that a stay on the execution of Alabama death row inmate Tommy Arthur remains in place.

The Alabama Supreme Court last month had set a Feb. 19 execution date for Arthur.

Chief U.S. District Judge W. Keith Watkins of the Middle District of Alabama Northern Division ruled today that a stay issued by the 11th Circuit Court of Appeals in March 2012 remains in effect.

That stay came after Arthur in 2011 challenged Alabama's lethal injection method as cruel and unusual punishment and a violation of his due process rights.

Alabama has since changed its mix of drugs used in lethal injection after it could no longer obtain one of the drugs.

Today's ruling allows Arthur to file an amended complaint challenging the new combination of drugs the state plans to use.

Alabama has not carried out an execution since putting Andrew Lackey to death in 2013.

The 2012 stay was the fifth time Arthur's execution was postponed.

The Alabama attorney general's office declined comment on today's ruling by Watkins.

Watkins' order came in response to a request from Arthur's lawyer, Suhana Han.

After the Supreme Court set the execution date for next month, Han asked the federal court to confirm that the 2012 stay was still in place.

"We are pleased and relieved that a stay of execution remains in place, given the fundamental importance of ensuring that the cocktail of drugs the state of Alabama proposes to use to execute Mr. Arthur be subject to judicial review," Han said in a statement.

Arthur was convicted in the 1982 murder-for-hire of Muscle Shoals businessman Troy Wicker. He has been on death row since 1983.

http://www.al.com/news/index.ssf/2015/01/federal_judge_rules_stay_remai.html
I apologize for my not perfect English. Hopefully you understand what I mean. If not - ask me. I will try to explain.

turboprinz

Alabama seeks to proceed with Tommy Arthur execution
January 9, 2015

MONTGOMERY -- Alabama is asking a federal judge to let the state proceed with its first execution in more than a year.

Lawyers with the state attorney general's office filed an emergency motion Thursday arguing that a judge erred when he ruled that an appellate court's 2012 stay of execution remained in place for inmate Tommy Arthur.

State lawyers argued that order was a temporary stay that only related to Arthur's previously scheduled 2012 execution date.

The Alabama Supreme Court set a Feb. 19 execution for Arthur in what will be the state's first lethal injection using a new drug combination.

U.S. Chief District Judge Keith Watkins asked Arthur's lawyers to file a response by Monday.

Arthur was convicted of the 1982 murder-for-hire of a Muscle Shoals man.

http://www.montgomeryadvertiser.com/story/news/crime/2015/01/09/alabama-seeks-to-proceed-with-tommy-arthur-execution/21510795/
I apologize for my not perfect English. Hopefully you understand what I mean. If not - ask me. I will try to explain.

turboprinz

Alabama asks court to allow Arthur execution
Posted: Jan 22, 2015 5:47 PM Updated: Jan 22, 2015 5:57 PM

MONTGOMERY, Ala. (AP) - Alabama is asking an appellate court to let the state proceed with the execution of inmate Tommy Arthur next month.

Lawyers for the state attorney general's office on Thursday asked the 11th U.S. Circuit Court of Appeals to lift a 2012 stay of execution for Arthur. U.S. District Judge Keith Watkins last week ruled that stay had never been lifted.

State lawyers argue the stay expired because it related to his 2012 execution date and his challenge to the state's lethal injection procedures at that time.

Alabama in September changed its lethal injection drug combination and is seeking to resume executions.

Arthur's lawyers argue the new drugs shouldn't be used until a court has time to review them.

Arthur was convicted of the 1982 murder-for-hire of a Muscle Shoals man.

http://www.abc3340.com/story/27914390/alabama-asks-court-to-allow-arthur-execution
I apologize for my not perfect English. Hopefully you understand what I mean. If not - ask me. I will try to explain.

Grinning Grim Reaper

And finally some good news...

Federal appeals court paves way for Tommy Arthur execution Feb. 19

A federal appeals court Thursday paved the way for the execution of Alabama Death Row inmate Tommy Arthur next week for the contract killing of a Muscle Shoals man in 1982.

But the court also said Arthur might still have other legal moves available to stave off - for a sixth time - his execution.

"Nothing herein precludes Mr. Arthur from seeking an injunction or restraining order as to the February 19, 2015, execution, but such motion should be filed and considered by the district court in the first instance pursuant to the Federal Rules of Civil Procedure," according to today's ruling by the 11th Circuit. "Thereafter, and if necessary, the parties may move for relief in this Court pursuant to the Federal Rules of Appellate Procedure."

Last year Alabama changed its lethal injection protocol, switching from the use of pentobarbital to midazolam as the first drug in the three-drug protocol that also included pancuronium bromide and potassium chloride.

After the state changed the drug protocol, it asked for another execution date, which the Alabama Supreme Court granted and set for Feb. 19.

However, on Jan. 5, U.S. District Judge W. Keith Watkins in Montgomery ruled that the 11th Circuit's stay that had postponed Arthur's March 2012 execution, due to his challenge of the drug protocol, was still in effect. That federal judge also allowed Arthur to amend his lawsuit to claim midazolam is also a constitution violation.

On Thursday the 11th Circuit ruled that its stay of the March 2012 execution was not a general stay that was to continue past that time. To clarify any confusion, however, the 11th Circuit withdrew that stay.  :P

Arthur was first convicted of capital murder in 1983 in the death of Troy Wicker of Muscle Shoals. That conviction and a second conviction were overturned. He was convicted a third time in 1991 and that conviction was upheld.

www.al.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

Alabama death row inmate seeks stay of execution


Brian Lyman, Montgomery Advertiser 2:32 p.m. CST February 13, 2015

Attorneys for an Alabama death row inmate scheduled to die next week asked a federal court Friday to stop the execution.

Thomas Arthur, convicted in 1982 in a murder-for-hire scheme, has been at the center of an ongoing battle over the drugs Alabama uses to conduct executions. The inmate first sued in 2011, saying the state's three-drug cocktail violated his Eighth Amendment protections against cruel and unusual punishment.

Arthur and attorneys have argued the anesthetic used in the execution would not work fast enough to prevent pain resulting from two succeeding drugs that paralyze the body and stop the heart.

A message left with Suhana Han, an attorney representing Arthur, was not immediately returned Friday morning. Mike Lewis, a spokesman for Alabama Attorney General Luther Strange, said Friday the office had no comment.

Arthur is currently scheduled to be executed on Feb. 19.

The inmate's challenge is one of several facing the state's administration of capital punishment. When it the state adopted lethal injection as its primary form of execution in 2002, Alabama officials used sodium thiopental as its main sedative in the procedure. In part due to pressure from European anti-death penalty activists, Hospira stopped manufacturing the drug in the United States in 2011; the company said in a statement at the time that it "never condoned" the use of the drug in executions.

Alabama officials then switched to pentobarbital as the main sedative; Arthur and his attorneys argued that drug would take too long to render him unconscious before the other drugs took effect.

State officials acknowledged early last year that they had run out of the drug. The state last conducted an execution on July 25, 2013, when Andrew Reid Lackey was put to death for the 2005 murder of Charles Newman, an 80-year-old World War II veteran.

In filings with the Alabama Supreme Court last September, the Alabama attorney general's office announced that the Department of Corrections had adopted a new drug protocol, using midazolam hydrochloride, a sedative. Arthur and his attorneys successfully petitioned the court to amend their complaint to target midazolam.  Alabama officials have cited Florida's use of the drug in executions, which has not resulted in any reported incidents.

The U.S. Supreme Court last month agreed to hear a challenge to the use of midazolam from three inmates on Oklahoma's death row.

The 11th Circuit Court of Appeals Thursday allowed a 2012 stay on Arthur's execution to expire, saying it dealt specifically with the timing of certain court filings. However, the panel also said that "nothing herein precludes Mr. Arthur from seeking an injunction or restraining order as to the February 19, 2015 execution," though it directed the petition to be filed in district court.

Most of the filings in the Arthur case are under seal. Last year, the Department of Corrections denied separate Freedom of Information Act requests from the Advertiser, The Anniston Star and the Associated Press seeking information on the state's death penalty protocol, citing the Arthur seal.

Christopher Price Lee, convicted in 1991 of the brutal murder of a Tuscaloosa minister, filed a separate lawsuit last October challenging the state's new execution protocol. The lawsuit is still pending before U.S. District Judge Kristi DuBose.

www.montgomeryadvertiser.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

Lawyers for Tommy Arthur file emergency appeal; execution in 2 days


Posted 5:01 am, February 17, 2015, by Al Whitaker, Updated at 05:36am, February 17, 2015   

ATMORE, Ala. (WHNT) - Lawyers for Alabama death row inmate Tommy Arthur filed an emergency motion late Monday in an effort to postpone his execution.

Arthur is scheduled to die by lethal injection Thursday, February 19 at 6 p.m.  at Holman Prison in Atmore.  Arthur has been on death row for 32 years, sentenced to die for the contract killing of Troy Wicker of Muscle Shoals in 1982.

Arthur has filed several court challenges against the combination of drugs used for lethal injection executions, and is still awaiting a ruling on his latest challenge.  Federal district court has yet to rule on the motion filed yesterday.

www.whnt.com

I would give him the same emergency appeal the scumbag gave to Mr. Wicker.
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

Alabama death row inmate wins stay of execution


By Brian Lyman, Montgomery Advertiser

A federal judge Tuesday morning granted a stay of execution to Thomas Arthur, who was scheduled to die on Thursday.

In a 14-page opinion, Chief U.S. District Judge Keith Watkins wrote that Arthur, convicted in 1982 in a murder-for-hire scheme, had a substantial likelihood of success on a claim that the methods used by the state to execute individuals violated his 14th Amendment equal protection rights.

Arthur challenged the state's use of lethal injection in 2011, arguing that both the drugs and the methods used would constitute cruel and unusual punishment. Watkins wrote that there was significant conflicting testimony in Arthur's case as to whether corrections officials consistently administer a consciousness test before injecting a condemned inmate with lethal drugs.

"Because this evidence shows wide-ranging differences among witnesses as to whether the State has even performed the required consciousness assessment in past executions, and will therefore perform it on Arthur, and as to whether, if such an assessment is performed, the State will perform it adequately, Arthur has established a substantial likelihood of success on the merits of his Fourteenth Amendment equal protection claim," Watkins wrote.

A message left with Suhana Han, an attorney representing Arthur, was not immediately returned Tuesday morning. Mike Lewis, a spokesman for Alabama Attorney General Luther Strange, had no comment on the ruling.

Arthur has also challenged the state's use of drugs in the execution, arguing that the sedatives employed will take too long to render him unconscious before drugs that paralyze the muscles and stop the heart are administered. The U.S. Supreme Court is expected to take up a challenge to the constitutionality of midazolam, the sedative used in Alabama's executions, in an Oklahoma case later this year.

The state has used lethal injection as its primary means of execution since 2002, but the process by which the state carries out executions has come under fire in recent years. Drug manufacturer Hospira announced in 2011 that it would no longer manufacture sodium thiopentol, used by Alabama and other states as the first drug in its three-drug execution procedure. Alabama, like other states, replaced sodium thiopentol with pentobarbital; Arthur's initial suit addressed pentobarbital, saying it would not render him unconscious before the other drugs were administered.

State officials announced at the beginning of 2014 that the Department of Corrections' supply of pentobarbital had run out. In court filings last September, the attorney general's office said that it had developed a new protocol using midazolam as the sedative. The attorney general's office noted that the drug had been used in executions in Florida, apparently without incident; however, the drug was present in botched executions last year in Ohio, Oklahoma and Arizona.

Arthur and his attorneys have amended their complaint to challenge the use of midazolam. A trial on Arthur's claims is scheduled to begin in early May.

Due to the shortages and legal challenges, Alabama has not carried out an execution in over 18 months.

The 11th Circuit Court of Appeals last week vacated a stay on Arthur's execution that had been in place since 2012. The three-judge panel wrote that the 2012 stay was geared toward a particular issue in Arthur's case and no longer relevant. However, the court also noted that there was nothing to prevent Arthur from seeking a second stay.

The Advertiser, The Anniston Star and The Associated Press last year filed separate Freedom of Information Act requests seeking the state's death penalty protocol and information about the source and availability of the drugs used in the procedure. The Department of Corrections denied the requests, citing a gag order in the ongoing Arthur litigation.

www.montgomeryadvertiser.com

That is stay number 6 in this cat's 9 lives.
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

turboprinz

Action in Tommy Arthur case on hold
March 19, 2015



A federal court decision this week has put on hold any action in death-row inmate Tommy Arthur's case, including a May court hearing, until the U.S. Supreme Court hears arguments about the effectiveness of the lethal injection drug midazolam.

The order Wednesday from U.S. District Chief Judge Keith Watkins cites other stays in death row cases in Alabama.

Watkins wrote, "... the State has conceded that the best course of action is to stay decisions on the lethal injection cases across the board until Glossip is decided."

The U.S. Supreme Court will hear oral arguments in late April. A decision is expected by the end of June.

Joy Patterson, spokeswoman for the Alabama Attorney General, said Thursday that execution dates had been set for three other inmates, but their attorneys had filed motions for stays and the AG's office did not oppose those motions.

Arthur was set for execution in February, his sixth execution date in more than 30 years on death row. It was stayed last month, and Watkins said Arthur was entitled to a trial and final decision on the merits of his claims. That trial was to be held in U.S. District Court on May 5.

Arthur is challenging the state's three-drug lethal injection formula as possibly constituting cruel and unusual punishment. The challenge specifically targets midazolam hydrochloride, and whether it sufficiently renders an inmate unconscious before the other two execution drugs are administered.

Alabama in September adopted a new drug combination that uses midazolam hydrochloride as the sedative to render a prisoner unconscious at the start of an execution. Arthur's lawyers have argued the new drugs should not be used until a court has time to review them.

Arthur's attorneys didn't have a comment Thursday.

Arthur was sentenced to die for the 1982 murder of Troy Wicker of Muscle Shoals.

On the day of the murder, authorities said, Arthur walked away from a work release program in Decatur and drove to Muscle Shoals.

Arthur was in the Decatur facility because he was convicted in the 1977 shooting death of a woman in Marion County, according to a 2007 Florence TimesDaily story in which authorities said Arthur was tied to at least four shootings.

Another shooting involved a Colbert County guard when Arthur broke out of the jail in 1986, shortly before the scheduled retrial in Troy Wicker's shooting.

The guard survived a gunshot wound to the neck.

http://www.decaturdaily.com/news/local/action-in-tommy-arthur-case-on-hold/article_981ead02-54c4-53a7-ae9b-327762ed6839.html
I apologize for my not perfect English. Hopefully you understand what I mean. If not - ask me. I will try to explain.

mildbill

HEY!!! I have NEVER killed ANYBODY bur I have, this week, been diagnosed with pancreatic cancer. HE gets to live but I have NO appeals. How fair is that? Where I have 4-6 months to live, he may live a lot more years... ???
Some people just need a hug
...around the neck
...with a rope.

Naviator

Sorry to hear about your diagnosis Bill... I'm not much for words about this kind of stuff, but I think you hit the nail on the head when you said it isn't fair!

phlebbb

#11
March 28, 2015, 11:17:02 PM Last Edit: April 03, 2015, 09:23:10 PM by phlebbb

HEY!!! I have NEVER killed ANYBODY bur I have, this week, been diagnosed with pancreatic cancer. HE gets to live but I have NO appeals. How fair is that? Where I have 4-6 months to live, he may live a lot more years... ???
Sorry to hear that Bill....hopefully some of the trial chemo solutions can help you .....pancreatic cancer is not necessarily a death sentence .....I wish you good luck either way .....
People that think they know it all, annoy the hell out us who actually do ...

ChevyWolken

Yes, that's not fair, but I hope you can fight the illness and get better soon, this has happen before  :-*
Sometimes it's hard to believe that god has a plan for everything
Born in Berlin, American at heart

Grinning Grim Reaper

Tommy Arthur's 8th execution date set; one set for Death Row inmate Robert Melson too

 The Alabama Supreme Court has set execution dates two weeks apart for convicted killers Tommy Arthur and Robert Melson.

 For Arthur, May 25 will be his eighth date with an executioner at Holman Correctional Facility in Atmore. Melson is to be executed June 8, according to another Alabama Supreme Court order.

 The orders were issued Tuesday but were served on the inmates Wednesday.

 Arthur's previous seven execution dates have been stayed by appeals courts. His last execution was delayed throughout the night of Nov. 3 - past the appointed hour - by the U.S. Supreme Court before justices finally stayed it to consider whether they would review two appeals by Arthur.

 Arthur, 75, was asked about his eighth execution being set by an AL.com reporter on Wednesday. "It's absurd. There shouldn't have been a first one," he said.

 Arthur was sentenced to death for the 1982 murder-for-hire shooting death of Troy Wicker. Juries at three trials convicted Arthur on charges that Wicker's wife hired him to kill Wicker. Arthur had a romantic relationship with Wicker's wife, according to testimony at his trial.

 Arthur denies he is guilty.

Melson

 Melson, who has been on death row since May 16, 1996, was convicted in Etowah County, along with another man, Cuhuatemoc Peraita, in the shooting deaths of Tamika Collins, 18, Nathaniel Baker, 17, and Darrell Collier, 23, during the April 1994 robbery at a Popeye's Chicken & Biscuits restaurant in Gadsden.

 The lone survivor, Bryant Archer, was shot four times. Archer identified Melson as the one who fired the shots. Prosecutors said Peraita planned the crime.

 Peraita was sentenced to life in prison but joined Melson on Death Row in 2001 after he was convicted of taking part in the 1999 stabbing death of fellow Holman Prison inmate Quincy Lewis.

 Seven of the eight justices concurred in setting an execution date for Melson. Justice Tom Parker recused himself from voting on that order.

 The Alabama Attorney General's Office in February had asked the Alabama Supreme Court to set a new execution date after Arthur lost the two appeals before the U.S. Supreme Court. The Attorney General made the request the day after Arthur had lost the second appeal.

 The Attorney General's Office also asked the Alabama Supreme Court to expedite the request for a new execution date and consider putting it ahead of an earlier request to set an execution date for Melson.

 "For thirty-four years, since his February 1983 conviction of the capital murder of Troy Wicker, Arthur has engaged in nearly constant litigation in every state and federal court available to him, and he has thoroughly exhausted his appeals at every level," the Attorney General stated in its motion. "Arthur has successfully manipulated the state and federal courts with meritless litigation to avoid his execution date seven times."

 Six justices agreed to set the execution date, Justice Glenn Murdock dissented, and Justice Kelli Wise recused herself from the vote.

 Justice Michael Bolin issued a special opinion favoring the setting of another execution date for Arthur.

 Bolin stated that Arthur was convicted of second-degree murder in 1977 for killing the sister of his common-law wife by shooting her in the right eye. Then while out on work release from that crime, Arthur killed his girlfriend's husband, Wicker, also by shooting him in the right eye.

 Bolin noted Arthur's unsuccessful legal challenges to Alabama's lethal injection law since 2007.

 "The citizens of the State of Alabama, through their elected representatives, long ago stated their policy, both definite and clear, that certain acts committed by individuals disqualified them from continuing their lives in a civilized society and that the ultimate price must be paid for the commission of those acts," Bolin wrote.

 Bolin also stated that Arthur has continued to use the courts "as pawns challenging the manner of his execution."

 "I recognize that it is not the mandate of this Court, nor is it even possible for this Court, to bring 'closure,' as that term is commonly used, to Troy Wicker's family and friends at this late date," Bolin wrote. "However, this Court, and the American criminal justice system, can bring "legal" closure and finality when Arthur has had the full benefit of the protections of the United States Constitution and the Alabama Constitution."

 "May God have mercy on both Thomas Douglas Arthur and those from whom the victim, Troy Wicker, was so brutally taken," Bolin wrote.

 Two executions in two weeks isn't a record and no where near the 8 planned by Arkansas this month. Arkansas hasn't had an execution since 2005. But the state recently announced it had a new supply of a lethal injection drug that expired earlier this year, clearing the way for four double executions.

 Alabama had two executions in 2016.

www.al.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

Judge dismisses Alabama prisoner's lethal injection claim

 MONTGOMERY, Ala. (AP) -- A judge has dismissed a death row inmate's claim that Alabama improperly allows "unaccountable bureaucrats" to decide how executions are carried out in the state.

 Montgomery Circuit Judge Truman Hobbs on Monday ruled for the state. Inmate Tommy Arthur's lawsuit claimed it violates the separation of powers of the state constitution for state legislators to let the state prison system determine the state's lethal injection protocol.

 Hobbs wrote that Arthur waited too late to raise that claim.

 Arthur's lawyers also argue in a still-pending claim that the state is illegally refusing to turn over records from recent executions, including one where the inmate coughed for 13 minutes.

 Arthur is scheduled to be given a lethal injection on May 25 for the 1982 murder-for-hire slaying of Troy Wicker.

www.al.com

The noose is gradually tightening around this guy's neck.  8)
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

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