The state’s failure to execute Kenneth Eugene Smith in November was the third straight time the Alabama Department of Corrections execution team had problems accessing the veins of inmates during lethal injection.
in September, which was called off after about 90 minutes of trying to set up the IV.
Huffaker, in his opinion and order issued Wednesday, said Smith plausibly alleged pain and suffering during his execution attempt that went beyond receiving multiple sticks with needles in attempts to tap his veins. Huffaker wrote that Alabama has released no information about the “top to bottom” review that shows it has fixed the problems that happened during the last three executions.
“These allegations permit a reasonable inference that the State’s acts and omissions in carrying out lethal injection executions amount to an ongoing pattern rather than a mere ‘isolated mishap.’”
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