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Oklahoma inmate Donald Grant is set to be executed this week after a panel of judges denied his stay on the gallows on Monday.
Grant, 46, is set to be hanged by lethal injection on Thursday after being convicted of killing two hotel workers in Del City during a robbery in 2001, KOCO-TV reported.
A three-judge panel in the 10th U.S. Circuit Court of Appeals rejected his motion to postpone the execution date after Grant’s lawyers argued that the state’s current three-drug cocktail for lethal injections was unconstitutional. , reported by The Associated Press.
Oklahoma’s lethal injection protocol uses the sedative midazolam, which lawyers for Grant and Gilbert Postelle, another death row inmate who was denied execution Monday’s stay, said that does not work and “has a significant risk of severe pain and suffering, “reported by KOCO.
KOCO said the inmate’s lawyers argued that the current cocktail for lethal injections resulted in a “botched” execution of John Grant, who was seen violently shaking and vomiting on the table after the drugs were given.
Lawyers argued that further lethal injections should be stopped until the trial in February to determine if the state can continue using the current three -drug cocktail, according to KOCO.
U.S. District Judge Stephen Friot had earlier denied the complaint and said midazolam was reliable. Friot concluded that attorneys failed to prove that state procedures carried a significant risk of acute illness, The Oklahoman reported.
In Monday’s decision, the appellate court ruled in favor of attorneys for Grant and Postelle failed to show that Friot abused his judgment when denying the motion, The Oklahoman reported.
Grant is scheduled to be executed by lethal injection at Oklahoma State Penitentiary at 10 am Thursday, The Oklahoman reported.
“Mr. Grant knew very well that he was going to be killed. He didn’t want to be killed. He was scared, and he understood that he might die like John Grant. And he was scared about that,” Grant’s lawyer said. Susan Otto, according to KOCO.
The state set Postelle’s execution by lethal injection for Feb. 17.
According to The Oklahoman, Postelle was convicted of killing four people on Memorial Day in 2005 in Del City. He was sentenced to life imprisonment without the possibility of parole for two murders and sentenced to death for the others.
Oklahoma death row inmate Donald Grant is set to be killed by lethal injection on Thursday after judges refused to temporarily stop hanging him while awaiting the outcome of the trial to determine if the state’s lethal injection protocol is constitutional. Oklahoma Department of Corrections/AP Photo
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