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Posted Apr 20, 2017 12:40 pm CDT
The on-again off-again attempts by Arkansas to execute multiple death row inmates were off again after two court actions Wednesday evening halted a plan to carry out two of the death sentences Thursday, NBC News reports.
In one case, the Arkansas Supreme Court issued a stay on the execution of Stacey Johnson, whose lawyers asked for more time to have new DNA testing done and presented as evidence in the case, claiming it will prove his innocence.
In a more sweeping decision yesterday, Pulaski County Circuit Judge Alice Gray put the execution of Ledell Lee on hold, ruling that the prison cannot use its supply of vecuronium bromide, a paralytic that is part of the three-drug mixture used by the state for lethal injections. McKesson Corp. argued that the prison system had deceived the company by saying the drug was to be used for medicinal reasons.
“Irreparable harm will result,” Judge Gray said, in ruling from the bench. “Harm that could not be addressed by [monetary] damages.”
Arkansas Attorney General Leslie Rutledge said in a statement delivered by a spokesperson that she intends to appeal the ruling to the state supreme court.
In the other case yesterday, the Arkansas Supreme Court ruled 4-3 to stay Johnson’s execution and remand the case to the trial court for a hearing on new DNA evidence, without explanation, although two justices in the minority released opinions that criticized the majority.
“With no explanation or instruction, this matter has been remanded to the trial court for another hearing,” wrote Associate Justice Rhonda K. Wood. “Today, our court gives uncertainty to any case ever truly being final in the Arkansas Supreme Court.”
The hurried execution schedule—Gov. Asa Hutchinson signed eight death warrants to be carried out before the end of April—would have been the most of any state since the death penalty was reinstated by the Supreme Court in 1976, the Arkansas Democrat-Gazette reports.
“When I set the dates, I knew there could be delays in one or more of the cases, but I expected the courts to allow the juries’ sentences to be carried out since each case had been reviewed multiple times by the Arkansas Supreme Court, which affirmed the guilt of each,” the governor said in a released statement, adding that she will “continue to work with the attorney general as we evaluate our next steps.”
The Arkansas Supreme Court’s decision on a new hearing for DNA evidence is expected to be taken up today by the U.S. Supreme Court. Gray’s decision prohibiting use of the McKesson Corp.’s drug also is expected to be reviewed today by the Arkansas Supreme Court.
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