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Attorneys for serial killer in Virginia push to block Thursday night execution Attorneys for serial killer in Virginia push to block Thursday night execution
(about 4 hours later)
Attorneys for a convicted serial killer in Virginia are pushing to spare his life as the 49-year-old’s scheduled execution draws near. RICHMOND, Va. (AP) — The execution of a convicted serial killer was in limbo Thursday as a federal judge in Virginia considered arguments over the lethal injection drugs.
The state had been planning to execute Alfredo Prieto at 9pm EDT (1300 GMT) Thursday at the Greensville correctional center, but it was unclear whether that will take place. Attorneys for Alfredo Prieto, 49, want his execution delayed as they seek more information about the drugs, which were obtained from Texas’ prison system, to ensure they won’t bring about a painful death.
The El Salvador native was on death row in California for raping and murdering a 15-year-old girl, when DNA evidence linked him to the rape and murder of Rachael Raver and the slaying of her boyfriend, Warren Fulton III. Authorities have linked Prieto to several other killings in California and Virginia, but he was never prosecuted because he had already been sentenced to death. A lawyer for the Virginia attorney general’s office said there was no evidence anything was wrong with the drugs and argued it was in the public interest, as well as the interest of the families of Preito’s victims, to go ahead with the execution at 9 p.m. Thursday.
A federal judge in Alexandria approved an order on Wednesday temporarily blocking Prieto’s execution, and called for a hearing after his attorneys raised concerns about one of the lethal injection drugs that the state intends to use. U.S. District Court Judge Henry E. Hudson said after a hearing Thursday that he will issue a ruling shortly.
The case was transferred to a new judge in Richmond – US district judge Henry E Hudson – and a hearing was set for 1 pm EDT (1700 GMT) Thursday. Prieto, a native of El Salvador, was on death row in California for raping and murdering a 15-year-old girl when DNA evidence linked him to the rape and murder of Rachael Raver and the slaying of her boyfriend, Warren Fulton III. Authorities have linked Prieto to several other killings in California and Virginia but he was never prosecuted because he had already been sentenced to death.
Prieto’s attorneys asked the court to delay the execution until Virginia officials disclose more information about the supply of pentobarbital they received from Texas, saying they’re concerned about the quality of the drugs and whether they would bring Prieto “gratuitous and unnecessary pain”. A federal judge approved an order Wednesday temporarily blocking Prieto’s execution, and then the case was transferred to Hudson at the state’s request.
Virginia obtained pentobarbital from Texas to replace its supply of another sedative, midazolam, which expired on Wednesday. Prieto’s attorneys asked the court to delay the execution until Virginia officials disclose more information about the supply of pentobarbital they received from Texas, saying they’re concerned about the quality of the drugs and whether they would bring Prieto “gratuitous and unnecessary pain.”
Prieto’s lawyers want to know the name of the supplier, tests confirming its sterility and potency and documents showing that the drugs were properly handled. Texas allows prison officials to shield where they get execution drugs and Virginia officials have not provided that information. Virginia obtained pentobarbital from Texas to replace its supply of another sedative, midazolam, which expired Wednesday.
Attorney general Mark Herring’s office urged the judge to dismiss Prieto’s case, noting that Texas has used the same drugs without any problems in 24 executions over the past two years. They said that further delaying Prieto’s execution and allowing him to “fully indulge his speculations” could prolong the case past the drug’s expiration date. Prieto’s lawyers want to know the name of the supplier, confirming its sterility and potency and they want documents showing that the drugs were properly handled. Texas allows prison officials to shield where they get execution drugs and Virginia officials have not provided that information.
“Granting injunctive relief in these proceedings, then, may very well negate the Commonwealth’s ability to execute this serial murderer-rapist,” Herring’s office said. Margaret O’Shea, a lawyer from Attorney General Mark Herring’s office, urged the judge to dismiss the arguments, noting that Texas has used the same drugs without any problems in 24 executions over the past two years.
The US supreme court is also weighing Prieto’s last-minute attempts to block the execution on the grounds that he is intellectually disabled. “It is time for this to end,” she said, adding that Prieto murdered Raver and Fulton 27 years ago. “It is time for the carousel to end.”
Prieto’s attorneys urged the high court on Tuesday to delay his execution so he can continue to fight his death sentence in California, saying he would probably be deemed a person with an intellectual disability if granted the opportunity to pursue his appeal. The U.S. Supreme Court is also weighing Prieto’s last-minute attempts to block the execution on the grounds that he’s intellectually disabled.
“There is a substantial likelihood that he’s intellectually disabled but he’s never had a fair and reliable hearing to prove it,” wrote Hilary Potashner, a federal public defender based in Los Angeles. “Without a stay, it is likely that the Commonwealth of Virginia will execute an intellectually disabled man.” Prieto’s attorneys urged the high court Tuesday to delay his execution so he can continue to fight his death sentence in California, saying he would likely be deemed a person with an intellectual disability if granted the opportunity to pursue his appeal.