Attorney General Files Petition to Arkansas Supreme Court After Lethal Drug Blocked

Little Rock, Arkansas, April 14, 2017

State officials challenged one order Saturday and vowed to fight the other.

The rally was attended by actor Johnny Depp and by Damien Echols, who spent almost 18 years on Arkansas' death row. Arkansas has said this scheduled is needed because one of its lethal drugs will expire at the end of the month.

The inmates challenged the state's unprecedented plan, arguing the hasty timetable and the drug used to perform the execution amounted to cruel and unusual punishment.

But more recently, capital punishment has been stalled in Arkansas because of drug shortages and legal challenges.

Legal battles had prevented any executions in the state in the last 12 years.

The attorney general plans to appeal Griffen's order as well. All of the inmates are men, and all were convicted of capital murder.

The state Supreme Court on Friday granted a stay of execution on 1 of the 7, and an 8th inmate whom the state planned to execution won an earlier stay.

"No state has ever conducted 8 executions over a 10-day period", he said.

The state appealed U.S. District Judge Kristine Baker's order hours later, hoping to follow through with its planned executions, with the 1st scheduled for Monday. The latest ruling from Baker applies to the 8 originally scheduled to die, plus 1 more man whose execution had not yet been scheduled. Baker, dealt another blow Saturday.

Baker says the inmates could have legitimate claims that Arkansas' execution protocol could inflict "severe pain".

Posner sent the letter Thursday to 2 Arkansas officials.

On Saturday morning, the Attorney General's office filed an emergency petition with the Arkansas Supreme Court asking that Griffen be removed from the case and his temporary restraining order be lifted.

"It is unfortunate that a US district judge has chosen to side with the convicted prisoners in one of their many last-minute attempts to delay justice", Jude Deere, an office spokesman, said.

Executions of multiple inmates are not new to Arkansas.

Other companies also weighed in. The suppliers of the muscle relaxant, vecuronium bromide, argued that it had been sold to the prison system on the premise that it would be used for legitimate medical purposes rather than executions.

The company has said it had been reassured the drug would be returned and even issued a refund, but it never was. The pair of lethal injections that Willett, the former Texas warden, presided over in 2000 was the last of 10 such executions over 6 years involving only 4 states: Texas, Arkansas, Illinois and SC. By Friday night, the company had persuaded Griffen to intervene.

McKesson contends that Arkansas penal authorities purchased the vecuronium bromide, which provokes muscular paralysis, without warning that it would be used to put inmates to death. The drug's maker, McKesson Medical Surgical, said it had been misled by the state.

Griffen wrote that these issues could not be remedied later, while the state could later obtain a replacement drug.

Absent details about drug sources, death penalty opponents may focus on questions about the drugs' reliability or how they are administered, based on flawed executions elsewhere.

The series of legal roadblocks constitute a major setback for Arkansas's Republican governor, Asa Hutchinson, who had pushed for the accelerated executions as the expiration of the state's supply of midazolam drew near. "After hearing the evidence. the court is compelled to stay these executions", she said.

The Associated Press explains that "under Arkansas' protocol, midazolam is used to sedate the inmate, vecuronium bromide then stops the inmate's breathing and potassium chloride stops the heart".

"When I heard about the conveyor belt of death that the politicians were trying to set in motion, I knew I couldn't live with myself if I didn't come back and try to do something", Echols said Friday. Baker had not ruled by Friday evening.

Source: pppfocus.com, April 16, 2017

Gov Hutchinson releases statement on federal ruling that blocks scheduled executions

Little Rock, Arkansas, April 14, 2017

Governor Hutchinson has released a statement on the federal ruling by Judge Kristine Baker that blocks Arkansas' scheduled executions and other recent court rulings regarding the executions.

"When I set the 8 execution dates in accordance with the law and my responsibilities, I was fully aware that the actions would trigger both the individual clemency hearings and separate court reviews on varying claims by the death row inmates. I understand how difficult this is on the victims' families, and my heart goes out to them as they once again deal with the continued court review; however, the last minute court reviews are all part of the difficult process of death penalty cases. I expect both the Supreme Court of Arkansas and the 8th Circuit Court of Appeals to review the decisions quickly, and I have confidence in the Attorney General and her team to expedite the reviews. I'll be meeting with the Attorney General and the Arkansas Department of Correction on Monday to determine next steps," he said.

The federal ruling cited a likely violation of the inmate's Eighth Amendment and right to due process.

Judd Deere, spokesperson for Arkansas Attorney General Leslie Rutledge, has confirmed that the state will appeal to the Eighth Circuit and possibly the Supreme Court. The court battle will likely extend into next week. However, if either high court rules in favor of the state, the executions could move forward as early as next week.

A federal case recently stayed the execution of Jason McGehee, who was set to die before Williams on April 27. Friday the Arkansas Supreme Court granted an emergency stay for Bruce Ward, who was set to be executed on April 17.

Another hurdle to the executions is a temporary restraining order that Pulaski County Circuit Judge Wendell Griffen issued Friday against the state of Arkansas, effectively halting the scheduled executions until further notice.

According to court documents, McKesson Medical-Surgical Incorporated filed the temporary restraining order for an "injuctive relief" and for the state of Arkansas to return its property, 10 vials of 20 mg Vecuronium bromide.

Source: KTHV-TV news, April 16, 2017

Little Rock Vice Mayor Webb thinks death penalty should be ruled out completely

Little Rock, Arkansas, April 14, 2017

Amid all the legal wrangling, there are high emotions on both sides of the death penalty debate.

Friday a rally bought hundreds of Arkansans out to the state capital voicing their opinion both for and against the death penalty. Saturday one city leader agreed with the decision by the federal court to halt the executions scheduled to begin on Monday.

In less than 48 hours eight executions are scheduled to begin. Little Rock Vice Mayor Kathy Webb is still sticking by her belief to not go through with the death penalty. This after Federal Judge Kristine Baker blocked Arkansas' plan to execute 8 inmates by the end of the month, but Webb is saying the death penalty should be ruled out altogether and not be used in Arkansas.

"I like it when the eyes of the country are on Arkansas for positive reasons, not something like this," Webb said. "I know that this is something that has weighed heavily on the governor and it is a tremendous responsibility."

"I would side with Judge Griffin and Judge Baker who question the constitutionality of the cruel and unusual punishment and the use of the particular drug for execution," Webb said.

Now Webb is left hoping a decision will be made that will bring both ease to the families of the victims and Arkansans.

"While my heart goes out to victim's families of the crimes," Webb said. "I don't think that taking another's life is a solution to their grief."

Friday's rally grew in size and stature when actor Johnny Depp came and spoke alongside Damien Echols. Echols walked off Arkansas' death row by taking what's called an "Alford plea." Depp has been a supporter and friend of Echols for several years.

Source: KTHV-TV news, April 16, 2017

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