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December 16 2010 | UNITED STATES

USA/Oklahoma

Oklahoma: shortage of penthotal paves the way to penthobarbital to execute Jeffrey Matthews. His appeal rejected

 
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AP

US court rejects execution protocol challenge - Updates with execution date set. For global distribution.

OKLAHOMA CITY _ A federal appeals court has rejected a convicted killer's challenge of Oklahoma's plans to use a different anesthetic in its execution protocol.
he 10th U.S. Circuit Court of Appeals on Tuesday upheld the state's plans to use pentobarbital because of a nationwide shortage of sodium thiopental, the sedative normally used. Jeffrey Matthews had appealed a district court ruling in favor of the Department of Corrections.
The court said state witness Dr. Mark Dershwitz «persuasively characterized» the plan to use a 5,000 milligram dose of pentobarbital as an enormous overdose that alone likely would be fatal.

Matthews was convicted of killing his great-uncle in 1994.
A Jan. 11 execution date was set Tuesday. His attorney didn't return a call seeking comment.

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