Virginia executes 1st inmate in almost 3 years
Attorneys for a convicted serial killer in Virginia are pushing to spare his life as the 49-year-old’s scheduled execution draws near.
On October. 1 His lawyers filed arguments to delay the execution, but the courts ruled against them.
Attorneys for Prieto, 49, wanted his execution delayed as they seek more information about the drugs, which were obtained from Texas’ prison system.
Prieto appeared calm as he entered the execution chamber at 8:53 p.m., according to the Associated Press.
Not at all like in California, Virginia has done executions of most detainees who have been sentenced to death.
He had been on death row since 1992 for the rape of a minor in 1990 in California, and in 2010, Prieto was convicted of two capital murders and a rape in 1988 in Virginia.
Authorities have linked Prieto to several other killings, but he was never prosecuted because he had already been sentenced to death.
But Herring’s office said the judge’s decision was legally sound and correct.
Shortly before Hudson’s ruling, the Supreme Court denied an application for stay of execution.
A different federal judge granted the temporary restraining order Wednesday after Prieto’s attorneys raised concerns about one of the lethal injection drugs the state intends to use.
“The drugs used are about six months beyond the date of use approved by industry standards”, Lee said. Prieto’s lawyers questioned the efficacy of the drug and requested time to examine the provider and quality.
The U.S. Supreme Court has also rejected Prieto’s request to stay the execution because he claims he is intellectually disabled. Prieto’s attorneys also want tests confirming the drug’s sterility and potency and documents showing that the drugs were properly handled, transported and stored.
A last-minute hearing has been set in federal court to decide whether Virginia can execute a convicted serial killer. If it failed to work, they argued, he would be left paralyzed but conscious as the other drugs induced cardiac arrest, which was “undeniably cruel” punishment.
Due to an issue regarding the supplier of the drugs intended for Prieto’s execution, Federal Judge Anthony Trenga placed a temporary hold on the execution.
Prieto’s attorneys argued the state should reconsider whether he is intellectually disabled because the measure used during his 2008 trial was unconstitutional.
As of Wednesday evening, no judge had been assigned in Richmond and no hearings had been scheduled. “Our nation prohibits the execution of persons with intellectual disability; in this case, the state was unwilling to ensure that protection was honored before carrying out its harshest penalty”.