State’s method of execution constitutional
KANSAS CITY — A federal court ruling Tuesday could open the door to the execution of accused murder John Middleton, though it’s unclear when that could occur.
Chief District Judge Fernando Gaitan ruled that the state’s method of executing condemned prisoners by injection is constitutional. “The protocol which is currently in place leaves very little discretion to the members of the execution team,” the ruling said. “The members of the execution team are fully qualified to carry out the steps of the execution protocol.”
Mr. Middleton had sought to join an inmate challenge to Missouri’s methods of execution by lethal injection.
The court’s decision would seem to allow the Missouri Department of Corrections to proceed with Mr. Middleton’s execution July 30. But two state agencies offered different appraisals of the situation Wednesday afternoon.
“Obviously, we’re not being notified the execution is off,” said corrections spokesman Dean Watson. “The department is going to continue to prepare for the execution” as planned, he added.
However, a Missouri Supreme Court spokeswoman said nothing had changed a stay of execution the justices issued for Mr. Middleton Friday.
“The court has not issued any ruling” affecting the execution’s status, said Beth Riggert.
Mr. Middleton — a 48-year-old Spickard, Mo., resident — was convicted of the 1995 shooting deaths of Stacy Hodge, Randy Hamilton and Alfred Pinegar. Ms. Hodge and Mr. Hamilton were found dead in a car trunk in Mercer County, while Mr. Pinegar was found in a remote area of Grundy County. The deaths were linked to Mr. Middleton’s methamphetamine operation.
The state court had granted a motion that had sought his inclusion in a case brought by other death-row inmates over the lethal injection method of execution. The motion alleged that the inmates would be subject to a high risk of pain prior to death over concerns about corrections’ execution protocol.
Two years ago, Mr. Gaitan issued a moratorium on the state’s executions amid concerns about the execution team’s training.
The Associated Press contributed to this story. Ray Scherer can be reached at rscherer@npgco.com.
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OK, get the job done now!
Posted by rxyrch on July 17, 2008 at 8:35 a.m. (Suggest removal)well st joe live obviously didn't like my comments regarding the possibility that this man was going to be successful in his attempt to stall his execution, because my comments and those of others have been removed. so THANK YOU LORD FOR ANSWERING MY PRAYERS AND FOR GIVING THIS COURT THE GRIT TO STAND UP AND SAY NO.
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