This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/us-news/2015/oct/01/alfredo-prieto-serial-killer-virginia-execution

The article has changed 5 times. There is an RSS feed of changes available.

Version 3 Version 4
Attorneys for serial killer in Virginia push to block Thursday night execution Virginia killer set to die on Thursday after US supreme court denies stay
(about 1 hour later)
The execution of a convicted serial killer was in limbo on Thursday as a federal judge in Virginia considered arguments over the lethal injection drugs. The United States paved the way for the execution of a convicted serial killer in Virginia on Thursday night when the US supreme court denied his request for a stay and a federal judge separately rejected a concern that the drugs used to put him to death are unsafe.
Attorneys for Alfredo Prieto, 49, want his execution delayed as they seek more information about the drugs, which were obtained from Texas’s prison system, to ensure they will not bring about a painful death. Attorneys for Alfredo Prieto, 49, wanted his execution delayed as they sought more information about the drugs, which were obtained from Texas’s prison system, to ensure they will not bring about a painful 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 Prieto’s victims, to go ahead with the execution at 9pm on Thursday. A federal judge on Wednesday granted a temporary injunction against the execution and scheduled a hearing on the case. A second federal judge, Henry E Hudson, heard the case on Thursday afternoon and shortly after 6pm EDT announced that Prieto’s lawyers had not proven their case that the state’s supply of pentobarbitol was unsafe. The drugs were given to Virginia from the Texas prison system, and both states have passed laws to keep the source of their execution drugs secret.
US district court judge Henry E Hudson said after a hearing on Thursday that he will issue a ruling shortly. Hudson heard from two Virginia prisons officials about the safeguards it had in place regarding the drugs, and rejected Prieto’s lawyers’ claim that the donated drugs could potentially harm him.
Prieto’s lawyers appealed Hudson’s decision to the US supreme court, which separately on Thursday also rejected his request to stay the execution over claims that he is intellectually disabled.
In court on Thursday, 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 Prieto’s victims, to go ahead with the execution at 9pm on 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, 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.
A federal judge approved an order on Wednesday temporarily blocking Prieto’s execution, and then the case was transferred to Hudson at the state’s request.
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 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”.
Virginia obtained pentobarbital from Texas to replace its supply of another sedative, midazolam, which expired on Wednesday. Prieto’s lawyers wanted 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.
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.
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.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.
“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.”“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.”
The US supreme court is also weighing Prieto’s last-minute attempts to block the execution on the grounds that he is intellectually disabled.The US supreme court is also weighing Prieto’s last-minute attempts to block the execution on the grounds that he is intellectually disabled.
Prieto’s attorneys urged the 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.Prieto’s attorneys urged the 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.