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| AZ death-row inmate files motion to appeal |
| By stamfordadvocate.com |
| Published: 07/18/2011 |
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Lawyers for a death-row inmate say they have filed an emergency motion with the Arizona Supreme Court to support Thomas Paul West's request for a stay of his execution. West, 52, is set to be executed by injection Tuesday morning at the state prison in Florence for the 1987 killing of a man near Tucson. A filing by federal public defender Jon M. Sands and other attorneys say the motion contains new evidence to support the stay request. The attorneys sent the motion via email to The Associated Press late Sunday night. The emergency motion also follows an appeal with the Arizona Supreme Court on behalf of West and three other death-row inmates over Arizona's execution protocol. A Maricopa County Superior Court judge on Friday refused to halt West's execution and dismissed a lawsuit filed by lawyers for the four inmates. The suit contends that Arizona's lethal-injection law delegates policy-making decisions to the executive branch in violation of the constitutional doctrine of separation of powers. The emergency motion says that new evidence has been uncovered to back up that allegation. The motion says a Pinal County Medical Examiner report on the autopsy of Eric King, a convicted murderer who was executed on March 29, shows he was injected with sodium thiopental and pentobarbital. The motion argues that represents a deviation from the Arizona Department of Corrections' protocol on executions, which the motion said doesn't permit injection by both drugs. Read More. |
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