Oklahoma’s next execution is scheduled for Thursday, but Charles Warner’s attorneys are asking a federal court for a stay.
"The length of the stay would be up to the court," said federal public defender Dale Baich, one of Warner's attorneys. "We are asking that the court give us sufficient time to fully brief the issues that are presented and give us an opportunity to present oral argument."
Baich said Oklahoma’s drug combination is the main issue.
"If the state wants to carry out the death penalty, the Constitution requires that it be done in a way where the prisoner does not experience pain or suffering," Baich said. "And that's what this lawsuit is all about."
The motion is part of a lawsuit filed by several inmates against the state.
Warner will receive the same combination of drugs given to Clayton Lockett. It took 43 minutes for Lockett to die.
Although his IV wasn’t properly placed, among other problems, Baich said his doctors contradict the state medical expert’s opinion on the drugs used.
"Both experts testify that midazolam is not an appropriate drug to be used as part of the execution process," Baich said.
When Lockett was executed in April, he seemed to regain consciousness during the process. Lockett is among several prisoners who received midazolam before a problematic execution.
Warner’s execution was originally scheduled for the same evening as Lockett’s. Last month a federal district court in Oklahoma ruled scheduled executions can go ahead.
