Attorneys for an Oklahoma inmate who had been set to be put to death the same night as a botched execution are asking the Oklahoma Court of Criminal Appeals to grant a stay for at least six months pending a review into what went wrong last week.
Attorneys for Charles Warner filed the emergency application Monday, citing last week's execution of Clayton Lockett, who writhed on the gurney and moaned before being pronounced dead of an apparent heart attack 43 minutes after the execution began.
According to Warner's attorney Madeline Cohen, Warner asked the Court of Criminal Appeals to issue an initial six-month stay of execution because "[i]t is clear that the State of Oklahoma has no confidence that it can carry out an execution in a humane way."
Warner was convicted of raping and killing an 11-month-old in 1997. He has maintained his innocence.
He was scheduled to die last week two hours after Lockett, but Gov. Mary Fallin issued a two-week stay pending a thorough inquiry into Lockett's execution.
The Attorney General released the following statement:
"The Attorney General believes no executions should occur during the pendency of the review. And after exhaustion of the governor's 60-day authority for granting stays for any potential executions, the Attorney General would make any appropriate filing with the Court of Criminal Appeals."