Revised Lethal Injection Procedure - KFBB.com News, Sports and Weather

Revised Lethal Injection Procedure

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The state is asking a judge to back their revised lethal-injection procedures and to overlook claims that these changes will put condemned prisoners at risk of unnecessary suffering.

Assistant Attorney General Mark Fowler says the American Civil Liberties Union and two Montana death-row inmates are rehashing old arguments that have already been decided. They are also bringing up new ones that should be barred by District Judge Jeffrey Sherlock.

Fowler asked Sherlock to reject the request that declared the execution-method changes unconstitutional.

Sherlock ruled in September that state law requires two drugs to be used instead of three. He also ruled that the previous procedures did not ensure qualified individuals were verifying the inmate was incapable of feeling pain.

Fowler says Sherlock's concerns were addressed in January's changes to the execution method.

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