U. S. District Court Judge Nanette Laughrey halted the execution of serial killer Joseph Paul Franklin moments ago, saying that time was needed to explore the contention that Missouri's new method of execution may violate the Eighth Amendment prohibition against cruel and unusual punishment.
Franklin had been scheduled to be executed at midnight.
Judge Laughrey's 14-page decision criticized Missouri's state government for creating a "moving target" with the continuing changes in its execution protocol:
Defendants chose an untested, non-litigated method of execution in 2012. After more than a year of litigation and only after the close of discovery did Defendants change the protocol to address specific concerns raised by Plaintiffs. Defendants issued three different protocols in the three months preceding Franklin’s execution date, and as recent as five days before the execution, Defendants again changed their method of execution.
Defendants’ protocol has been a frustratingly moving target. In the face of such a grave consequence as that of the death penalty, this Court declines to reward Defendants’ attempts to prevent Plaintiffs from fully litigating their claims.
The judge concluded, "Plaintiffs have shown a significant likelihood of success on the merits, a showing
of irreparable harm in contrast to relatively little harm to Defendants, and no fault in the delay of their current case pending before this Court."
As the judge pointed out in her decision, the state would not suffer much harm from the delay, but denying it could cause a great deal of harm to Joseph Paul Franklin:
Given the irreversible nature of the death penalty and Plaintiffs’ medical evidence and allegations, a stay is necessary to ensure that the Defendants’ last act against Franklin is not permanent, irremediable cruel and unusual punishment in violation of the Eighth Amendment.
No comments:
Post a Comment