Lawyers for a South Carolina inmate ask a court to stop his execution

Attorneys for a South Carolina death row inmate are set to appear in federal court on Wednesday in an effort to persuade a judge that the state is not correctly conducting lethal injection or firing squad executions. This plea comes just two days before the inmate’s scheduled execution.

Stephen Stanko’s legal team argues that the previous three executions using lethal injection involved two doses of drugs that resulted in the inmates experiencing prolonged deaths. They claim the inmates were still conscious and felt the sensation of drowning as fluids filled their lungs.

Stanko changed his mind and decided to die by lethal injection because of accounts about the last firing squad death.

In an execution last April, volunteer shooters almost missed the heart of Mikal Mahdi, who was found guilty of killing an off-duty police officer. This error reportedly extended Mahdi’s death to three or four times longer than intended, according to statements from Stanko’s attorneys.

One expert hired by Stanko’s attorneys said the evidence suggests the firing squad may have aimed slightly below the target or the target was not placed on Mahdi’s heart to “cause great pain before his death,” according to court papers filed last week.

South Carolina says there’s no reason to stop the execution

Lawyers for the state vigorously denied the claims. They point out that the South Carolina Supreme Court rejected a similar last-ditch appeal on May 28. They said every execution is different and that lawyers representing incarcerated people have not proven any condemned prisoner suffered gratuitous pain.

“So (perhaps) it’s not the method that’s the issue — instead, these inmates just don’t want to have their sentences carried out and are willing to make any argument that they can,” wrote Grayson Lambert, a lawyer for South Carolina Gov. Henry McMaster.

Lawyers for the state will ask federal Judge Richard Gergel on Wednesday to dismiss the claims.

Stanko’s crime was killing his friend Henry Turner

Stanko would be the sixth inmate executed in South Carolina in nine months. There were originally four executions scheduled around the country this week, one in South Carolina and one each in Florida and Alabama. On Monday, an Oklahoma judge granted a temporary stay to a man scheduled to be put to death Thursday.

Stanko, 57, is slated to die at 6 p.m. Friday at a Columbia prison for killing his 74-year-old friend, Henry Turner. Stanko went to Turner’s Horry County home in April 2006 after lying about his father dying.

Hours before killing Turner, Stanko beat and strangled his girlfriend in her Georgetown County home and raped her daughter before slashing the teen’s throat. The daughter survived and testified against him at one of his trials. Stanko was also sentenced to death in that case.

Lawyers say executions aren’t done properly

Stanko’s lawyers, in their 49-page brief, include a number of ways their experts think South Carolina is improperly carrying out executions.

They include using bullets in the firing squad that aren’t powerful enough to guarantee the heart will be destroyed, failing to properly oversee how an IV line is placed for lethal injections and improper storage of the powerful sedative pentobarbital, which is used to kill inmates.

The lawyers said the state is using two doses of pentobarbital in executions because — while inmates might be paralyzed by the drug — they remain conscious enough to feel like they are drowning and take longer than 10 minutes to die.

Attorneys for the state said witnesses to the executions have not reported any signs of distress and said the inmates appeared to stop breathing within a minute or two.

The most serious accusations in Stanko’s lawsuit come from Dr. Jonathan Groner, an expert in lethal injection and other capital punishments and a surgeon who teaches at Ohio State University.

“I am concerned that some element of those responsible for carrying out Mr. Mahdi’s execution intended not to hit his target and to cause great pain before his death,” Groner wrote.

South Carolina says nothing went wrong

State Correction Department officials deny anything went wrong in Mahdi’s execution. Agency leaders have signed sworn statements saying that all three guns fired and no bullets or fragments were found in the death chamber after Mahdi’s lawyers suggested one shot missed entirely.

“How bullets react once they strike the body is something that neither SCDC nor the members of the firing squad can control. That one condemned inmate dies more quickly than another does not necessarily mean that something went awry in one execution,” the state said.

Complicating any investigation into Madhi’s death is an inadequate autopsy. It did not include X-rays to allow the results to be independently verified. Only one photo was taken of Mahdi’s body and there were no close-ups of the wounds. The inmate’s clothing was not examined to determine where the target was placed or how it aligned with the damage the bullets caused, according to forensic pathologist Terri Haddix of California, one of the defense experts.

Stanko’s lawyers want to pause his execution to take a closer look at Mahdi’s death and require the three firing squad members to take a sworn oath they will “shoot at the target in good faith.”

You May Also Like
Poll: Strong Majority of U.S. Voters Approve of Trump's Iran Deal

Poll finds strong majority of U.S. voters approve of Trump’s Iran deal

A preliminary agreement signed by the United States and Iran is drawing…
Trump awards Medal of Honor to 3 veterans of the Vietnam, Afghanistan wars

Trump presents Medal of Honor to three veterans of the Vietnam and Afghanistan wars

President Trump on Thursday awarded the Medal of Honor, the nation’s highest…
Ivy League student investigated after alleged antisemitic internship rejection: 'Not working for a Jew'

Fox News Antisemitism Exposed: Ivy League Student Under Fire After Refusing to ‘Work for a Jew’

Cornell University is investigating a student after an alleged antisemitic response to…
Former child actor Daveigh Chase, voice of Lilo from 'Lilo & Stitch' and "The Ring' villain, dies at 35

Daveigh Chase, Voice of Lilo in ‘Lilo & Stitch’ and Star of ‘The Ring,’ Dies at 35

LOS ANGELES — Daveigh Chase, the former child actor best known as…
Austin Metcalf’s dad supported Karmelo Anthony judge’s hard line on cameras

Austin Metcalf’s Father Backs Judge’s Tough Stance on Cameras in Karmelo Anthony Case

FRISCO, Texas — Jeff Metcalf, the father of Austin Metcalf, said he…
Judge orders ICE to free Wisconsin mosque leader over 'substantial' free speech claim after criticizing Israel

Judge Orders Release of Wisconsin Mosque Leader as Free Speech Challenge to ICE Detention Gains Traction

Democrats call for closure of Delaney Hall ICE detention center As House…
From bear hugs to handshakes: How India lost its edge with Trump while Pakistan quietly gained ground

India’s Trump Reset Falters as Pakistan Quietly Gains Ground in US Ties

President Donald Trump and Indian Prime Minister Narendra Modi met in person…
Less than half of Americans can afford quality healthcare, Gallup finds

Gallup: Fewer Than Half of Americans Can Afford Quality Healthcare

Fewer than half of Americans were able to afford medical bills and…
LDS church celebrates delivering 6.5M meals across all 50 states for America250 anniversary

America250: LDS Church Delivers 6.5 Million Meals in All 50 States to Honor U.S. Anniversary

The Church of Jesus Christ of Latter-day Saints has helped provide more…
FBI top 10 fugitive Arnoldo Jimenez, arrested in fatal 2012 stabbing of newlywed Estrella Carrera in Burbank, brought to Chicago

FBI Most Wanted Arnoldo Jimenez Captured: Chicago Fugitive Arrested in 2012 Newlywed Murder Case

BURBANK, Ill. — A man sought by the FBI for more than…
Luigi Mangione battles to block key evidence a year after CEO assassination — experts say it’s a long shot

Luigi Mangione’s Emotional Disturbance Defense Could Reshape His Other Case, Lawyer Says

Attorneys for Luigi Mangione, the 28-year-old former Ivy Leaguer charged in the…
Evanston's Juneteenth parade to honor legacy of Opal Lee with granddaughter, Dione Sims, as grand marshal

Evanston’s Juneteenth Parade to Honor Opal Lee’s Legacy, with Granddaughter Dione Sims Named Grand Marshal

EVANSTON, Ill. (WLS) — Evanston’s yearly Juneteenth parade is set to start…