Agence France-Presse
December 23, 2014 2:45pm
US judge rules Oklahoma execution methods constitutional
A US judge has refused to halt Oklahoma's use of controversial execution drugs, rejecting defense lawyers' arguments that the methods are "prolonged and agonizing."
The decision comes after the botched execution of Clayton Lockett, a convicted murderer and rapist, who was put to death in April using an untested three-drug protocol in a process that took 43 minutes.
This was well over the expected time of 10 minutes and officials said Lockett, who was seen writhing in pain, bucking off the gurney and mumbling unintelligibly, ultimately died of a massive heart attack.
Lawyers filed a preliminary injunction last month arguing that some combinations of lethal injection drugs -- including the controversial anesthetic Midazolam -- cause "prolonged and agonizing death" for inmates, who they said were not adequately informed about procedures.
Attorneys argued against "using any drugs or combination of drugs that is experimental and being used on captive human subjects," according to court documents.
But US District Judge Stephen Friot on Monday denied the request for a preliminary injunction, saying it was "without merit."
Death penalty opponents allege that recent lengthy executions -- which at times left inmates suffering for more than an hour -- amount to the "cruel and unusual" punishment forbidden by the US Constitution.
Midazolam was used in three executions this year -- in Ohio, Oklahoma and Arizona -- that were criticized because the condemned took longer than usual to die and apparently suffered.
