Attorneys representing an inmate on death row in Alabama have appealed to a federal appeals court, seeking a halt to his scheduled execution. They argue that the state has a troubling history with lethal injections.
James Barber, a 54-year-old inmate, is slated to receive a lethal injection on Thursday as Alabama aims to resume executions after a prolonged hiatus. Governor Kay Ivey had temporarily suspended executions last year due to complications in inserting IVs into the veins of the condemned individuals. This resulted in two lethal injections being called off, and an advocacy group claimed that a third execution carried out after a significant delay was botched.
On Monday, a panel of judges from the 11th U.S. Circuit Court of Appeals listened to the arguments presented but did not indicate when a ruling would be made. Barber’s attorney, Mara Klebaner, emphasized the likelihood of significant harm based on what transpired the previous year.
Richard Anderson, an assistant Alabama attorney general, informed the court that the state would deploy a new IV team, citing this as a good faith effort to address any previous issues. He added that the state had submitted documentation demonstrating the appropriate licensure of the personnel responsible for setting up IV lines.
Klebaner countered, asserting that selecting a different IV team does not resolve the problem at hand. She likened it to choosing a different can of soda from a factory that fails safety inspections.
Following an internal review, Alabama eliminated the customary midnight deadline for commencing an execution. This change allows the state more time to establish an intravenous line and contend with last-minute legal appeals. Consequently, Alabama now has until 6 a.m. on Friday morning to initiate Barber’s execution.
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Barber was convicted of the 2001 beating death of 75-year-old Dorothy Epps. Prosecutors presented evidence that Barber, a handyman acquainted with Epps’ daughter, confessed to killing her with a claw hammer and stealing her purse. The jury recommended a death sentence by a vote of 11-1, and the judge imposed this sentence.
Update:
Early Friday, James Barber, an inmate on death row in Alabama, was executed despite his request for a stay being denied by the U.S. Supreme Court. There were concerns that he might face “substantial harm” due to previous unsuccessful attempts at lethal injection in the state.
The execution took place through lethal injection at the William C. Holman Correctional Facility in Atmore, according to a statement from the Alabama Department of Corrections. At 1:56 a.m. local time (2:56 a.m. ET), a physician pronounced Barber dead.