Washington:
A court in Missouri on Tuesday ordered an 11th-hour stay of execution for a convicted murderer and rapist who argued that a rare medical condition risked making the lethal injection unconstitutional.
Originally set for Wednesday at 12:01 am (0501 GMT), it was the second US execution delayed by a court since an Oklahoma man's botched procedure last month prompted accusations of torture and reignited fierce debate in the United States about capital punishment.
Russell Bucklew, who murdered a love rival and raped a former girlfriend, argued that an unusual medical condition which leaves him with growths on his head and neck creates significant risk that he will die an agonizing death -- making it unconstitutional.
A tortuous and painful death is in violation of the US Constitution's Eighth Amendment prohibiting cruel and unusual punishment.
The Eighth Circuit appeals court ruled that "Bucklew's unrebutted medical evidence demonstrates the requisite sufficient likelihood of unnecessary pain and suffering beyond the constitutionally permissible amount inherent in all executions," the 17-page ruling said.
The decision by the three-judge panel was not unanimous, however, with Judge James Loken writing in his dissent that Bucklew's "supporting medical evidence simply does not satisfy the Supreme Court's rigorous standard."
Loken had unsuccessfully argued that a "risk" of suffering was not enough to order a stay, but that there needed to be firm evidence the drug protocol used for the lethal injection would be "sure or very likely" to cause suffering.
Bucklew's lawyer, in a statement shortly after the court decision, said the defense team was "deeply relieved."
- 'Deeply troubling' -
In Oklahoma, Clayton Lockett, a convicted killer and rapist, was put to death on April 29 by lethal injection in a process that took 43 minutes, well over the expected time of a little over 10 minutes.
Lockett's gruesome death prompted officials in that state to temporarily halt executions and review its execution drug protocols, amid harsh criticism from human rights and anti-death penalty advocates.
President Barack Obama called the incident -- in which Lockett eventually died of a massive heart attack -- "deeply troubling" and warned that it raised "significant questions about how the death penalty is being applied."
Oklahoma used an untested cocktail of drugs during the procedure because some drug suppliers have ceased making the compounds usually used in executions available.
Some US states have turned to compounding pharmacies as a source of the drugs, but the future of that option is in doubt, as state governments review their execution procedures.
Since Lockett's execution, another, scheduled for Texas, was also delayed -- in that case for reasons unrelated to the controversial lethal injection protocol.
Despite the questions over lethal injection drugs, a recent study found that 59 percent of Americans remained in favor of capital punishment, with 35 percent against.
The survey of 800 adults also found sizeable numbers of Americans would back other execution methods -- such as the electric chair or gas chamber -- if lethal injections were deemed no longer practicable because of a shortage of death penalty drugs.
Originally set for Wednesday at 12:01 am (0501 GMT), it was the second US execution delayed by a court since an Oklahoma man's botched procedure last month prompted accusations of torture and reignited fierce debate in the United States about capital punishment.
Russell Bucklew, who murdered a love rival and raped a former girlfriend, argued that an unusual medical condition which leaves him with growths on his head and neck creates significant risk that he will die an agonizing death -- making it unconstitutional.
A tortuous and painful death is in violation of the US Constitution's Eighth Amendment prohibiting cruel and unusual punishment.
The Eighth Circuit appeals court ruled that "Bucklew's unrebutted medical evidence demonstrates the requisite sufficient likelihood of unnecessary pain and suffering beyond the constitutionally permissible amount inherent in all executions," the 17-page ruling said.
The decision by the three-judge panel was not unanimous, however, with Judge James Loken writing in his dissent that Bucklew's "supporting medical evidence simply does not satisfy the Supreme Court's rigorous standard."
Loken had unsuccessfully argued that a "risk" of suffering was not enough to order a stay, but that there needed to be firm evidence the drug protocol used for the lethal injection would be "sure or very likely" to cause suffering.
Bucklew's lawyer, in a statement shortly after the court decision, said the defense team was "deeply relieved."
- 'Deeply troubling' -
In Oklahoma, Clayton Lockett, a convicted killer and rapist, was put to death on April 29 by lethal injection in a process that took 43 minutes, well over the expected time of a little over 10 minutes.
Lockett's gruesome death prompted officials in that state to temporarily halt executions and review its execution drug protocols, amid harsh criticism from human rights and anti-death penalty advocates.
President Barack Obama called the incident -- in which Lockett eventually died of a massive heart attack -- "deeply troubling" and warned that it raised "significant questions about how the death penalty is being applied."
Oklahoma used an untested cocktail of drugs during the procedure because some drug suppliers have ceased making the compounds usually used in executions available.
Some US states have turned to compounding pharmacies as a source of the drugs, but the future of that option is in doubt, as state governments review their execution procedures.
Since Lockett's execution, another, scheduled for Texas, was also delayed -- in that case for reasons unrelated to the controversial lethal injection protocol.
Despite the questions over lethal injection drugs, a recent study found that 59 percent of Americans remained in favor of capital punishment, with 35 percent against.
The survey of 800 adults also found sizeable numbers of Americans would back other execution methods -- such as the electric chair or gas chamber -- if lethal injections were deemed no longer practicable because of a shortage of death penalty drugs.
Track Latest News Live on NDTV.com and get news updates from India and around the world
