Show caption A trial on whether Oklahoma’s three-drug lethal injection method is constitutional is set to begin on 28 February. Photograph: Sue Ogrocki/AP Oklahoma Two Oklahoma death row inmates choose firing squad to delay execution Donald Grant and Gilbert Postelle seek to delay executions until trial is held on whether lethal injection method is constitutional Associated Press Thu 13 Jan 2022 11.00 GMT Share on Facebook
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Two men on Oklahoma’s death row – at the prodding of a federal judge – agreed to choose execution by firing squad as a way to delay their upcoming lethal injections, one of their attorneys told the judge.
The two inmates, Donald Grant and Gilbert Postelle, want US district judge Stephen Friot to grant them a temporary injunction that would halt their upcoming executions until a trial can be held over whether Oklahoma’s three-drug lethal injection method is constitutional.
A trial on the issue is set to begin before Friot on 28 February, but the judge has said in order to be added as plaintiffs, inmates must select an alternative method of execution.
Grant, who is scheduled to die on 27 January, and Postelle, who has a 17 February execution date, had not previously selected an alternative method.
“While it may be gruesome to look at, we all agree it will be quicker,” attorney Jim Stronski told Friot earlier this week after a hearing in Oklahoma City.
More than two dozen death row inmates who are plaintiffs in the challenge agreed previously to provide the court with an alternative method of execution among those authorized under Oklahoma law.
Friot said he hoped to release an order by the end of the week. “There’s a lot for me to get my mind around,” he said.
Among the experts who testified was James Williams, an emergency medicine specialist from Texas who has more than 40,000 hours of emergency room experience and who has extensively studied the use of firing squads.
Williams, himself the victim of a gunshot wound to the chest area, testified that a firing squad involving shots from at least four high-powered rifles to the “cardiac bundle” of the heart would be so quick that an inmate wouldn’t feel pain.
He also said that, unlike lethal injection, there is an extremely low likelihood that the execution would be botched.
Oklahoma has never used firing squad as a method of executing prisoners since statehood, but current state law does allow for its use if other methods, such as lethal injection, were determined to be unconstitutional or otherwise unavailable.
Friot also heard testimony from Justin Farris, chief of operations at the department of corrections, about the lethal injections of death row inmates John Marion Grant and Bigler Stouffer late last year.
Farris, who was inside the death chamber for both executions, described the two lethal injections as being on “opposite ends of the spectrum”.
Grant, who was declared dead after vomiting and convulsing on the gurney, had expressed anger, shouting expletives and resisting the execution by trying to flex his arms and legs, Farris said. Stouffer, on the other hand, “was just as polite as you can imagine under the circumstances”, Farris said.
Farris also testified that the doctor who inserts the intravenous lines and helps oversee the lethal injections is paid $15,000 for each execution he attends, as well as $1,000 for every day of training.