Death Row Inmate: Execution Drugs Won’t Work

Lawyers for Alabama inmate Tommy Arthur say his lethal injection should be delayed because of issues with the state’s execution drugs.

His attorneys filed court papers Wednesday with the 11th U.S. Circuit Court of Appeals. They pointed to issues with the state’s last lethal injection and say the state will give Arthur an ineffective anesthetic before giving him drugs to stop his lungs and heart.

In December, inmate Ronald Bert Smith coughed for the first 13 minutes of his execution and moved slightly after two consciousness tests. Arthur’s lawyers argued that Smith was awake during his execution. Alabama uses the sedative midazolam, which has come under scrutiny after some inmates moved and coughed.

The state responded in a court filing that there was no evidence that Smith, or other inmates, experienced pain.

Arthur is scheduled to be executed by lethal injection at 6 p.m. Thursday. Arthur was convicted in the 1982 murder-for-hire of Troy Wicker.

Arthur has had seven executions stayed previously.

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