Governor's decision trying to be used to stop execution

MONTGOMERY - Gov. Bob Riley's decision Wednesday to make changes to the state's lethal injection procedure is being used as a last effort to stop today's execution of death row inmate Tommy Arthur.

Arthur is scheduled to died at 6 p.m. today at Holman prison near Atmore for the 1982 murder-for-hire of Troy Wicker, of Muscle Shoals. Arthur says he's innocent and wants DNA testing of crime scene material to prove it.

Arthur's New York-based attorney Suhana Han filed requests in both the Alabama and U.S. supreme courts Wednesday to stay the execution because any changes to the lethal injection procedure would come after Arthur is put to death.

"It is unconscionable for the state of Alabama to execute Mr. Arthur before changes to its lethal injection protocol are implemented," Han said.

Riley's communications director Jeff Emerson said Riley decided the state will change its lethal injection protocol after his legal adviser researched a method that can withstand legal challenges. Department of Corrections Commissioner Richard Allen also said he plans to change the lethal injection protocol.

Emerson said Riley and legal adviser Ken Wallis on Tuesday discussed changing the protocol involving the administering of certain drugs, their timing and the monitoring of the condemned for signs of consciousness and evidence of pain.

Allen said the protocol changes would be "minor" and could involve using different dosages of drugs to assure unconsciousness, and more monitoring for consciousness and any indication of pain.

"Simple changes in protocol have to be thought out, documented," Allen said.

Emerson said Riley plans to let Arthur's execution proceed if it's not halted by federal or state court action.

Attorney General Troy King, who is the state's appellate lawyer in the Arthur case, said Alabama has no moral or legal obligation to halt the execution because of proposed future changes.

"In this arena we take our eye off the ball and that ball is the criminal, and we forget about the people who suffered at his hands," King said. "I don't think it's the obligation of the state to remove any pain from the death penalty. We need to think about the butchery to the individual."

Emerson said Riley believes today's scheduled execution meets current constitutional muster, but Han said Riley has a moral obligation to stop the execution if Arthur loses Supreme Court appeals for a stay.

The Alabama Supreme Court on Wednesday denied Arthur's request for a stay based on a Kentucky case challenging that state's lethal injection method, alleging that it is cruel and unusual punishment.

"Under the Supreme Court's upcoming (Kentucky) ruling, Alabama's current lethal injection protocol may not withstand constitutional scrutiny," Han said.

Allen disagrees.

"It's our position that the existing protocol is constitutional and it's worked over many executions and it's well rehearsed in a flawless manner," he said.

Dana Beyerle can be reached at (334) 264-6605 or dtb123@aol.com.