JUST IN: A federal judge has denied an Arizona prisoner’s bid to delay his execution in the 1984 killing of an 8-year-old girl, according to the ruling posted Sunday.
U.S. District Judge Michael Liburdi’s decision keeps on track Wednesday’s scheduled execution of Frank Atwood, who argued the state’s death penalty procedures would violate his constitutional right against cruel and unusual punishment by subjecting him to unimaginable pain.
Liburdi also rejected challenges to the drug the state plans to use and dismissed Atwood’s claim over the Arizona’s use of the gas chamber, saying it was irrelevant because he will be executed using lethal injection. As part of Atwood’s argument to get his execution delayed, his lawyers questioned whether the compounded pentobarbital to be used in the execution meets pharmaceutical standards and whether the state has met a requirement that the drug’s expiration date falls after the execution date.Two weeks ago, Atwood declined to choose between lethal injection or the gas chamber, leaving him to be put to death by lethal injection, the state’s default execution method.
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