Alabama plans to put James Barber to death on Thursday or early Friday after a federal appeals court upheld a decision not to halt his execution despite his claim that lethal injection could result in cruel and unusual punishment
Barber, sentenced to death for the 2001 murder of 75-year-old Dorothy Epps, is scheduled to be executed at any time during a 30-hour period that began at midnight Thursday morning and will last until 6 a.m. Friday, court documents show. The inmate sought to have a US District Court prevent the state from executing him by any method other than nitrogen hypoxia, an alternative to lethal injection that is allowed under Alabama law but has yet to be used.
In February, Ivey said executions could resume after the Department of Corrections completed its review and said it would take several steps to address issues with the lethal injection protocol, including expanding the pool of personnel available for the execution team and conducting rehearsals to ensure staff were well-trained, among other steps.
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