Julius Jones lawyers file emergency motion seeking injunction to stop ‘torturous’ lethal injection

Motion cites Oklahoma’s ‘botched execution’ of John Grant, who witnesses say convulsed about two-dozen times

Lawyers for Julius Jones have filed an emergency motion in a federal court requesting an injunction to stay his execution today.

Attorneys argued the Eighth Amendment forbids the government from inflicting pain beyond that necessary to end a condemned prisoner’s life.

The motion cites the “botched execution” of John Grant, who witnesses say convulsed about two-dozen times and vomited following injection of midazolam.

The motion argues Mr Grant’s execution provides “compelling evidence that the Execution Protocol and the use of midazolam, as well as the cursory consciousness checks done under the Protocol, pose a serious and substantial risk of suffering and pain to prisoners”.

Defence lawyers cite that punishments are cruel when they involve “torture or a lingering death … something more than the mere extinguishment of life”.

A trial will be held on the constitutionality of Oklahoma’s execution protocol that is scheduled to begin in February 2022.

The motion requests an injunction to the execution of Mr Jones, scheduled at 4pm local time today, as well as other death row inmates, until after that trial is resolved.

“Some members of the Oklahoma Pardon and Parole Board expressed similar concerns about the execution of Mr Grant, and suggested that no executions take place until after the trial,” the motion notes.

Defence attorneys defended the late emergency motion in noting that the motion was filed on the day of Mr Jones’ scheduled execution.

“It is timely under circumstances where the Governor has not acted on the clemency recommendation that, if accepted, would not obviate the need for this motion being filed seeking emergency relief.”

Attorney Amanda Bass released a stamen earlier on Thursday slamming Oklahoma Governor Kevin Stitt for his silence on the parole board’s recommendation on clemency.

“The governor promised he would carefully consider everything presented to him and would issue a decision after meeting with Mr Jones’s lawyers and the victim’s family,” Ms Bass wrote.

“Our hope is that the Governor will ensure that this execution does not go forward given the many concerns about the execution process and Mr Jones’s case.”

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