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The battle over Arkansas's plans to execute 8 men over 11 days is far from over

Published by Business Insider on Tue, 18 Apr 2017


Arkansas could still end up going forward with its plans to execute 8 men in the next 11 days, even after judges blocked the plan several days ago.FederalDistrict Court JudgeKristine Baker ruled on Saturday to haltthe state's planto execute 6 inmates (the execution of two others hadbeen stayed in other rulings).The state had been trying to execute the men before the end of April toprevent a supply of lethal execution drug fromgoing to waste."The Governor himself has admitted that this execution schedule is designed around the expiration date [of the drug],"Robert Dunham,executive director of the Death Penalty Information Center,told Business Insider. "That's not a principled basis to schedule executions."With the first two executions scheduled for Monday night, Arkansas Attorney General LeslieRutledge immediately filed an appealwith theEighth Circuit Court of Appeals to reverse the decision.'They know that there's a warrant issued and they know that the first set of executions is set for tonight," Tiffany Murphy, an associate professor at the University of Arkansas School of Law, told Business Insider. She added thatit's possible for the court to issue a rulingas early as tonight.The former director of the Oklahoma Innocence Project, Murphyfought against Oklahoma'sexecution of Clayton Lockett. Lockett was executed with the same combination of midazolam, vecuronium bromide and potassium chloride to be used in Arkansas, andsuffered a heart attack more than 40 minutes after being sedated."It went wrong in every way it could have potentially gone wrong," said Murphy,adding that Oklahoma has since issued a report advising against using that cocktail of drugs.Dunham too added that there are issues with the drug combination, pointing outthatmedizolam is asedative rather than an anesthetic and can cause the inmates unnecessary pain.'If something goes wrong, I don't think we can describe it as a botch any more," said Dunham.The pharmaceutical companies that produce the drugs are fighting back too. Pfizer, Fresenius, West-Ward Pharmaceuticals, and the drug wholesaler McKesson have all spoken out against the use of their drugs in executions in Arkansas and elsewhere.McKesson, the drug wholesaler that sold the vecuronium bromide to Arkansas DOC, refunded the money to the state and issued a temporary restraining order against the DOC from using the drug in lethal injections.Governor Asa Hutchinson, who signed the executive order for the executions in February, has said previouslyin a statement that "itis uncertain as to whether another drug can be obtained."In theappeals brief,Rutledge and Solicitor General Lee Rudofsky said thatthefederal court'sdecision did not come from sufficient scientific evidence and"resorted [...] on a few anecdotal accounts of executions in other states."The appeals court is facing additional pressure to review the appealquickly amid Hutchinon's calls to "expedite the reviews" in time for their self-appointed schedule.'The last-minute theatrics that we're seeing with these executions are entirely a product of the execution schedule that Arkansas has deliberately chosen," said Dunham.SEE ALSO:A federal judge has blocked Arkansas' plan to execute 8 men over 11 daysJoin the conversation about this storyNOW WATCH: Former State Department official: Evidence of collusion between Trump and Russia would create a 'constitutional crisis
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