The U.S. Supreme Court is asked to weigh in on Oklahoma’s lethal injection protocol.
Charles Warner’s execution is scheduled for tomorrow, but his attorneys are asking for a stay. Attorney Dale Baich said the court last approved a lethal injection protocol in 2008.
"And the changes that have been made over the years are significant and create a substantial risk of harm," Baich said.
The court approved a three-drug lethal injection procedure in Baze v. Rees in 2008. The first drug, sodium thiopental, is no longer available. Baich said the first drug in Oklahoma’s protocol, the sedative midazolam, doesn’t produce the deep unconsciousness required.
"So the change in the drug from sodium thiopental to midazolam is a critical issue," Baich said.
"The court acknowledged that administering a paralytic and potassium chloride to someone who is not deeply unconscious would inflict an unconstitutional degree of pain and suffering," he said.
The court filings argue midazolam is a sedative that does not produce a coma-like unconsciousness. In Oklahoma's protocol, it is followed by a paralytic and potassium chloride.
Baich expects the court to respond before the execution. The Oklahoma Department of Corrections declined to comment but will likely proceed with the execution absent a court order.
Inmates Richard Glossip, John Grant and Benjamin Cole are also named in the filings. Their deaths are scheduled for Jan. 29, Feb. 19 and March 5.
