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| N.C. inmate gets his second stay of execution this year |
| By Associated Press |
| Published: 09/12/2003 |
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A North Carolina death row inmate whose appeals stopped all executions in the state earlier this year won another stay in a case that a prosecutor said could be as wide-ranging. Henry Lee Hunt was scheduled to die at 2 a.m. Friday. Judge Gary Locklear put the execution on indefinite hold, saying the state should review the use of the drug potassium chloride, which stops the heart from beating. ``At least it gives us a day,'' said Hunt's brother-in-law, Thessely Campbell. ``It's been our prayer and deepest request.'' Hunt's defense lawyers argued that the state's use of the drug violates a statute outlining what drugs are to be used in an execution. They said state law allows just two drugs -- a lethal barbiturate and one that causes paralysis. The state maintains the law only specifies that those two drugs must be used and doesn't prohibit the use of the third drug, and that potassium chloride is a paralytic agent if administered correctly. Locklear said his court might not be the proper venue for the drug claims but that time was short and ``it's too important not to consider at this point in his life. ``It is undisputed that the department is using three drugs. I don't think they have that discretion.'' Locklear denied a separate request for stay in which the defense claimed Hunt is innocent. The argument was based on a 1989 affidavit from a dead co-defendant who admitted to the 1984 killings and denied Hunt had a part in them. Defense lawyers said they intended to appeal that ruling, while the state Attorney General's Office said it would appeal the stay. Both appeals will go to the state Supreme Court. Two more executions are scheduled in coming weeks and every inmate on death row -- 202 as of the end of August -- faces death by injection. This is the second time that Hunt's execution has been delayed. It was originally scheduled for January but was stopped when lawyers challenged the state's indictment form. The state Supreme Court ultimately ruled the form constitutional. |
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