State Appeals Execution Stay to Fed Appeals Court
ST. LOUIS (AP) - The state of Missouri is appealing a federal judge's move to block the execution of serial killer Joseph Franklin.
U.S. District Judge Nanette Laughrey granted a stay of execution Tuesday afternoon, saying that challenges to the state's lethal injection protocol must be resolved before Franklin's execution moves forward.
Laughrey said the state had instituted a protocol that uses pentobarbital produced from "an unknown source and of unknown composition prepared under unregulated conditions."
The state appealed that ruling to the federal Court of Appeals in St. Louis.
Meanwhile, a second federal judge has also stayed the execution, saying a defense appeal over Franklin's mental competency needs more review.
Franklin was scheduled to die just after midnight Wednesday at the state prison in Bonne Terre.