Texas attorneys argued that the state’s record shows that it can execute Death Row inmates without causing them needless suffering as they moved Wednesday to oppose a delay in the next scheduled execution.
In papers filed in federal court for Houston, Texas officials opposed any stay of execution for convicted murderer Robert James Campbell, scheduled to be executed next Tuesday. Lawyers for Campbell argued that the recent botched execution of an inmate in Oklahoma shows that inmates should be given information on the supplier and quality of the drugs used in executions to prevent suffering that would violate the constitutional ban on cruel and unusual punishment.
“The Constitution does not require the elimination of all risk of pain,” the state argued in its 32-page response. A constitutional problem arises, state officials contended, only if conditions are “sure or very likely to cause serious illness and needless suffering” and create “sufficiently imminent dangers.”
Texas authorities reported that they intend to use a single lethal injection of a 5-gram dose of pentobarbital, a barbiturate, and argued that the state is not required to reveal the source or supplier of the drug. States, in general, have argued that it is permissible to keep execution details secret to prevent suppliers from facing political pressure.