Supreme Court To Rule If Oklahoma Execution Drug Is Constitutional

Exactly one year after convicted murderer Clayton Lockett writhed on the table, the highest court in the land will rule if Oklahoma's current three-drug cocktail is constitutional.

Tuesday, April 28th 2015, 12:31 pm

By: News 9


Exactly one year after convicted murderer Clayton Lockett writhed on the table, the highest court in the land will rule if Oklahoma's current three-drug cocktail is constitutional.

One year ago the state first used the combination on Lockett, and after it took him over 40 minutes to die. Several investigations found the drugs went into his tissue, not his veins.

Then the state used the cocktail again on murderer Charles Warner. The Supreme Court came within minutes of staying that execution but ruled not to.

12/22/2014 Related Story: Judge Rules Oklahoma's Execution Cocktail Is Constitutional

The question the court must answer now focuses on one of the three drugs, Midazolam.

Attorney General Scott Pruitt argues the state has done its homework. But Justice Sonia Sotomayor wrote the use of the paralytic might render midazolam ineffective, and it would be impossible to know whether the inmate was conscious and could feel pain. That is the very argument for the attorneys representing the death row inmates.

"Because Midazolam is not an analgesic, a prisoner who is jolted into consciousness will feel the full force and effect of the second and third drug that causes extreme pain," said Dale Baich, an attorney representing Oklahoma death row inmates.

If the drug is ruled unconstitutional, the state has made it law that nitrogen hypoxia can now be used for executions.

4/17/2015 Related Story: Oklahoma Governor Signs Bill Allowing Nitrogen In Executions

Richard Glossip is the next death row inmate scheduled to be executed. A decision from the Supreme Court is expected in mid to late June.

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