Alabama Inmate's Execution Looms as Court Hears Lethal Injection Appeal

Created: JANUARY 24, 2025

James Barber, scheduled for execution this Thursday, has appealed to a federal court to halt the procedure, citing Alabama's history of problematic lethal injections. His lawyers argued before the 11th U.S. Circuit Court of Appeals, emphasizing the state's past struggles with the process. Alabama seeks to reinstate executions after Governor Kay Ivey suspended them last year following multiple botched attempts involving IV insertions.

Barber's legal team highlighted the substantial risk of harm based on previous incidents. The state, represented by Assistant Attorney General Richard Anderson, assured the court a new IV team is in place, demonstrating a commitment to rectifying past errors. Documentation confirming the team's proper licensing was also submitted. However, Barber's attorney, Mara Klebaner, argued that changing the team doesn't address the underlying systemic issues, comparing it to choosing a different product from a factory with safety violations.

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Following an internal review, Alabama has eliminated its midnight execution deadline, extending it to 6 a.m. to allow more time for IV line establishment and legal proceedings. This change affects Barber's execution, now scheduled for Thursday. Barber was convicted for the 2001 murder of 75-year-old Dorothy Epps. Prosecutors say Barber, acquainted with Epps' daughter, confessed to the crime, stating he used a claw hammer and stole her purse. The jury's 11-1 vote recommended a death sentence, which the judge upheld.

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