14 October 2015, The Tablet

Arkansas fails in bid to overturn stays of execution



Arkansas state attorneys have failed in their attempt to lift a stay of execution that halts the death sentence that were due to be carried out on eight inmates from next week.

Pulaski County Circuit Court Judge Wendell Griffen issued an order Tuesday denying the motion by the state's attorneys, saying the request violated the Arkansas Rules for Civil Procedure that bars frivolous or warrantless filings. He gave the attorney general's office 14 days to respond.

His order also set a 1 March hearing date for the inmates’ request to permanently halt executions under the state’s secrecy law.

Arkansas was also ordered to release information about the suppliers of its lethal injection drugs to attorneys of death row inmates challenging the state's execution secrecy law.

Judge Griffen stated that the state must "identify or otherwise object to disclosure" of the manufacturer, distributor, seller or supplier of the three lethal injection drugs used by the state by 21 October.

A UK-based pharmaceutical company is currently trying to ascertain whether its drugs have been bought for use in Arkansas executions. Hikma Pharmaceuticals cancelled a contract with Arkansas in 2013 after it learned the state purchased a seizure medication and another drug to use in lethal injections from one of its US subsidiaries.

"We have been trying to contact the Arkansas to confirm that they have our product and, if confirmed, to ask them to return it to us," said Susan Ringdal, a Hikma vice president, in response to questions from the Associated Press.

"We continue to strongly object to our product being used for lethal injection," she said. "We are also auditing our sales and distribution channels to try to determine how they might have gotten our product."

A spokeswoman for the office of Arkansas Attorney General Leslie Rutledge said that she was "considering her options" on how to move forward.

The state may submit a request for a protective order for the manufacturer and supplier information if it so chooses.

Griffen also scheduled a hearing for 1 March next year to consider a request by an inmate to make the execution halt permanent under Arkansas's secrecy laws.

The first two prisoners slated for execution are Bruce Earl Ward and Don William Davis, who are due to be injected next Wednesday (21 October) from 9pm local time.

The eight inmates who were granted a stay of execution are Ward, 58; Davis, 52; Terrick Nooner, 44; Stacey Johnson, 45; Jack Jones Jr., 51; Marcell Williams, 44; Jason McGehee, 39; and Kenneth D. Williams, 36.

 

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