Joseph Franklin Executed: Last-Minute Efforts to Halt Execution Overturned by Supreme Court

Categories: Crime

"A stay is necessary to ensure that [Missouri's] last act against Franklin is not permanent, irremediable cruel and unusual punishment in violation of the eighth amendment," Laughrey wrote in her fourteen-page ruling.

nanette.jpeg
via
U.S. District Judge Nanette K. Laughrey
Missouri quickly sought to appeal Laughrey's decision in the Eighth Circuit Court of Appeals, according to the Associated Press.

Just a few hours later, Judge Carol Jackson filed her own stay of execution, citing Franklin's claim that he is mentally incompetent to be executed, according to the St. Louis Post Dispatch.

Jackson's ruling noted that Franklin's execution had already been halted, but she added that Franklin's claims of mental incompetence deserve a separate court decision.

Franklin and twenty other inmates are challenging the constitutionality of Missouri's execution drug, which changed last month to pentobarbital after international outcry over the state's use of a common anesthesia, propofol.

See also: Death Penalty: New Missouri Execution Rules Prompt ACLU Lawsuit

But there's a problem with pentobarbital: The only place to get it is an unnamed, unregulated pharmacy, so there's no way know if the drug is contaminated or properly potent. The execution process is so secretive and elusive that Daily RFT (half-jokingly) suggested the state start using the guillotine instead.

See also: 5 Reason Missouri Should Use the Guillotine, Not Lethal Injection

If the pentobarbital is not clean or potent enough, Franklin and other prisoners executed with the drug could experience serious levels of pain before their deaths, say medical experts in Laughrey's ruling.

"What research [Franklin's lawyers] have produced in the little time afforded to them suggests a high risk of contamination and prolonged, unnecessary pain beyond that which is required to achieve death," Laughrey says.

Missouri overhauled its execution protocol in May and again in August, making major changes well into October before scheduling Franklin's execution for mid-November.

Given the strength of his argument and the permanent nature of the death penalty, Franklin deserves to live long enough to take his challenge to court, Laughrey writes in her ruling, offering a sharp and snarky civics lesson to Governor Nixon and state bureaucrats:

"That is how it is normally done in America, and it is a system that has worked quite well."

Read Laughrey's full ruling after the jump.

My Voice Nation Help
29 comments
Gurf J. McGurf
Gurf J. McGurf

You're right, we don't do any of that. Sorry, my apologies. I will shut my mouth and continue moving in line. Bahhhh.

Paul Burrows
Paul Burrows

Let's just go back to hanging. Its a simple rope...it's over in a snap.

Tom Parker
Tom Parker

ya ask me this mofo looks like hitlers great grandson!

Umar Lee
Umar Lee

I dont like the injection anyway. Shooting, beheading or hanging much better.

Harrison Elfrink
Harrison Elfrink

Or inject it with juices (I think he's getting the injection)

Umar Lee
Umar Lee

Fry this turkey before thanksgiving

Gurf J. McGurf
Gurf J. McGurf

People should really try and understand the death penalty. We have throughout our history as a nation decided that certain acts are reprehensible, one of which being murder. We are somehow ok with soldiers spraying bullets, and drones dropping bombs on innocent families. Roughly 50% of us are ok with ripping babies out of uteri. We are ok with committing the same act on one human that he/she committed on another. In fact we pay for all of these. At least admit how hypocritical you are.

Doug Henke
Doug Henke

He's got a Hitler thing going on in this mugshot.

Steve Mincer
Steve Mincer

if you like your death sentence, you can keep it.

Stephen Proctor
Stephen Proctor

Don't give him an injection. Give him a bullet. If he thought that was good enough for his victims certainty he should agree its good enough for him.

Doreen Redmon-Priestley
Doreen Redmon-Priestley

Over the course of 36 years, given the average cost, we have spent roughly $1.5m keeping this piece of shit alive. Cruel and unusual? Get on with it.

John Grady
John Grady

I am against the death penalty and think it should be life in real prison with hard labour and vitamin supplements with bread and water. With that said to allow an animal to say his death would be inhumane by using this drug is utter BS and the judge allowing it is doing a grave injustice to the tax payer and the victims families. Did the victims get an appeal in their sentence? Was their death carried out humanely? This just goes to prove the death penalty is a mockery and it is cheaper and better to lock these animals away in a hole and forget about them.

Brandon Bedore
Brandon Bedore

The court system in this country is so full of shit

Lynn Pevey
Lynn Pevey

His victims didn't get a chance to appeal their deaths or sue for cruel & unusual punishment...so why is he allowed to??

Twana Wangler
Twana Wangler

Spend a minute with this disgrace if a human and you will know he is nothing but a propaganda spouting worthless piece of crap. He is proud he killed all of those defenseless men, women AND children. People do not realize what this kind of press does inside of the DOC. There will be all kinds of racial tension, more so than normal.

Derek Qualls
Derek Qualls

Sounds like the federal judge is a hug a thug

Andrew Cardwell
Andrew Cardwell

A bullet to the motherfuckin' head would be more than humane enough.....

Danny Stevens
Danny Stevens

This guy has been on death row since 77. WTF is wrong with this fkn dumb ass judge?

Rhonda Whelan
Rhonda Whelan

Is it just me, or does his mug shot make him resemble Hitler? (Hitler without his mustache)

Gurf J. McGurf
Gurf J. McGurf

Just how much of a hard on does Jay get from watching people die?

Karl Brockfeld
Karl Brockfeld

ok is it just me or does this douche bag look like Hitler?

KITTY
KITTY

@John Grady  The grave injustice to us taxpayers is that we kept this monster alive on death row for 36 years at a cost of $726K. What a fucking waste of our money!

Now Trending

From the Vault

 

Loading...