Oklahoma Judge Strikes Down State's Execution Law

A judge in Oklahoma struck down the state's execution law on Wednesday, declaring the strict law unconstitutional. 

The judge ruled that the privacy provision is unconstitutional because it prevents inmates from finding out the source of the drugs used in executions, the Associated Press reports. 

The issue came to trial after an Ohio inmate gasped while dying, and an Oklahoma prisoner complained that he felt his body burning. After those incidents, inmates Clayton Lockett and Charles Warner wanted to find out who was making the drugs that would the kill them next month, and whether the substances were pure. 

However, under Oklahoma law, no one is allowed to disclose where the drugs are coming from, even if an inmate sues and wants the information disclosed as part of the discovery process. 

Oklahoma County District Judge Patricia Parrish said that secrecy prevents inmates from exercising their constitutional rights. 

"I think that the secrecy statute is a violation of due process because access to the courts has been denied," Parrish ruled.

Seth Branham, the Assistant Attorney General, told the judge she would be "treading into some deep water" if she ruled in favor of the inmates. He said the inmates had not proven that they were at risk, and that they could not stop their executions from being carried out. 

"This is all just speculation, piled up hyperbole," Branham said. "What is the point of having the information if there's nothing you can do with it?"

One of the aforementioned incidents used as evidence in the case concerned Dennis McGuire, who made gasping sounds for several minutes before being pronounced dead 26 minutes after his execution in Ohio. 

Inmate Michael Wilson said he could feel his body burning from the drugs at his January execution in Oklahoma. 

On Wednesday, Branham said that Wilson's lawyer may have told him to complain in an effort to delay future executions. 

Lockett's execution is scheduled for April 22, and Warner's is April 29. 

A separate court is considering stay requests from the two inmates.