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Saturday 16 December 2017

Courts block bid by Arkansas to execute eight Death Row inmates by end of April

Protesters gather outside in Little Rock to voice their opposition to the executions planned by Arkansas (AP Photo/Kelly P Kissel)
Protesters gather outside in Little Rock to voice their opposition to the executions planned by Arkansas (AP Photo/Kelly P Kissel)

Arkansas' plan to execute eight men by the end of the month has fallen apart, with a judge banning the use of a lethal injection drug.

And t he state's highest court blocked the execution of one of the first inmates who had been scheduled to die.

Pulaski County Circuit Judge Wendell Griffen issued a temporary restraining order stopping Arkansas from using its supply of vecuronium bromide after a company said it had sold the drug to the state for medical purposes, not capital punishment.

He ordered a hearing for Tuesday, the day after the first execution was scheduled.

Mr Griffen's order effectively halts the executions, which had dropped to six after Friday's state Supreme Court order blocking one execution, unless it is reversed or Arkansas finds a new supply of the drug.

A judge had halted another execution last week.

Attorney General Leslie Rutledge's office said she planned to file an emergency request with the state Supreme Court to overturn the order, saying Mr Griffen should not handle the case.

Local media outlets had tweeted photos of Mr Griffen at a demonstration held by execution opponents outside the Governor's Mansion earlier on Friday.

"As a public opponent of capital punishment, Judge Griffen should have recused himself from this case," Ms Rutledge's spokesman Judd Deere said.

The order came on the day justices issued a stay for Bruce Ward, who was scheduled to be put to death on Monday night for the 1989 murder of a woman found strangled at the Little Rock convenience store where she worked.

Lawyers asked for the stay after a Jefferson County judge said she did nor have the authority to halt Ward's execution.

Ward's lawyers have argued he is a diagnosed schizophrenic with no rational understanding of his impending execution.

"We are grateful that the Arkansas Supreme Court has issued a stay of execution for Bruce Ward so that they may consider the serious questions presented about his sanity," said Scott Braden, an assistant public defender representing Ward.

US District Judge Kristine Baker is also considering the inmates' arguments that such a compressed schedule could lead to undue pain and suffering.

Arkansas scheduled the executions to take place before its supply of midazolam expires at the end of the month.

McKesson said it had requested Arkansas return its supply of vecuronium bromide after the San Francisco-based company learned it would be used in executions.

The firm said the state had assured it would return the drug and the company had even issued a refund, but it never was.

Ms Baker is also considering a request from two pharmaceutical companies that their products not be used for capital punishment.

Fresenius Kabi USA and West-Ward Pharmaceuticals filed a court brief on Thursday asking the court to prohibit Arkansas from using their drugs.

Arkansas, which has not executed an inmate since 2005 because of drug shortages and legal challenges, had initially planned to execute eight before the end of April, when its supply of midazolam expires.

That plan, if carried out, would have marked the most inmates executed by a state in such a short period since the US Supreme Court reinstated the death penalty in 1976.

The timeline drew condemnation from hundreds of death penalty opponents who rallied at the Capitol waving signs including a large banner that read: "We remember the victims ... But not with more killing."

The rally was attended by actor Johnny Depp and by Damien Echols, who spent nearly 18 years on Arkansas' death row.

He and two other men, known as the West Memphis Three, were freed in 2011 in a plea deal in which they maintained their innocence.

Mr Echols, who now lives in New York, said: "I didn't want to come back, but when I heard about the conveyor belt of death that the politicians were trying to set in motion, I guess I knew I wouldn't be able to live with myself if I didn't come back and try to do something."


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