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UPDATED: Maryland Execution Stayed

by TChris

An execution in Maryland has been delayed so that the condemned man's lawyers will have time to study Maryland's new procedure for administering lethal injections. Lawyers for Steven Oken contend that the procedure does not assure that the person being executed is unconscious before lethal and painful chemicals are introduced into his bloodstream.

U.S. District Judge Peter Messitte ruled officials in Maryland did not allow sufficient time for the condemned man, Steven Oken, and his attorneys to study a new protocol governing execution by lethal injection. ... The judge said Oken and his attorneys should have time to study a new version of the state's Execution Protocol that was amended on May 26 but not made available to the defense team until last Friday.

The procedure was changed after IV lines carrying both the anesthetic and the fatal chemicals leaked during a 1998 execution. Oken argues that the executioners are not proficient at delivering the drugs and that the new procedure is "confused" about the precise quantities of chemicals to use.

The state, ever eager to kill, is appealing the stay of execution.

Update: A Fourth Circuit panel upheld the stay by a vote of 2-1.

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