The state attorney general’s office filed an objection with the state Supreme Court on Wednesday to a stay of execution request made by two inmates who are suing the state Corrections Department.
Clayton Derrell Lockett, 38, and Charles Frederick Warner, 46, are challenging the constitutionality of an Oklahoma law that allows the state Corrections Department to shield its source of pentobarbital, a barbiturate used in Oklahoma’s lethal injection process. Their attorneys want to make sure the inmates are not executed before their case is adjudicated.
The two men asked the court for the emergency stay after Oklahoma County District Court Judge Patricia Parrish agreed with an objection filed by the state attorney general’s office Monday asserting that since the Oklahoma Court of Criminal Appeals set the execution dates and denied previous appeals by the men, that court is the proper venue to hear the request.
In its Wednesday objection, the attorney general’s office made much the same argument, asserting the court of criminal appeals has jurisdiction.
According to the objection, Lockett and Warner’s sentences “are no longer at issue in this situation and it is essentially a foregone conclusion that the State of Oklahoma can and will execute them. Therefore, the deprivation of life is practically inevitable, and has already been adjudicated.”
Graham Lee Brewer, Staff Writer