Alabama can proceed with its plan to put to death convicted murderer James Barber — its first execution since a pause on capital punishment prompted by a series of failed lethal injection attempts was lifted in February.
, a federal appeals court panel Wednesday rejected Barber's request to block his execution over fears that he could be subject to"substantial harm."The majority wrote that the lower court did not err in its finding that the Alabama Department of Corrections has amended its execution procedures, therefore rendering his"claim that the same pattern would continue to occur purely speculative.
"I have a fair amount of trepidation about the process that they obviously haven't perfected — to be at their hands and be the first one after they didn't do a true review of the protocol and made no real changes," he said. "Dorothy Epps was brutally murdered 22 years ago," he said in a statement Thursday."The Eleventh Circuit's decision places us one step closer to justice for this heinous crime."approved by the state Supreme Court
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