The execution of Joseph Paul Franklin, the serial killer guilty of murdering 22 people in an effort to instigate a race war who was set to die by lethal injection at 12:01 am on November 20 has been temporarily stayed.
Though the 63-year-old has been accused of multiple murders, he is on death row for the sniper attack that killed one man, Gerald Gordon. Franklin has also admitted to shooting pornography magnate Larry Flynt, publisher of Hustler magazine, who has since been confined to a wheelchair. Between 1977 and 1980, Franklin sought out Jews and African-Americans to murder as part of his white supremacist ideology.
Concerns over the administration of a new drug to the state of Missouri have led US District Court Judge Nanette Laughrey to rule that execution protocol for Missouri must be refined before allowing a lethal injection to occur. Previous drugs, which were supplied from within the EU, have been withdrawn because suppliers have threatened not to supply drugs for medical use if their product is used for capital punishment.
“Throughout this litigation, the details of the execution protocol have been illusive at best. It is clear from the procedural history of this case that through no fault of his own, Franklin could not resolve his claims without a stay of his scheduled execution date. Franklin has been afforded no time to research the risk of pain associated with the Department’s new protocol, the quality of the [drug] pentobarbital provided, and the record of the source of the pentobarbital,” Laughrey wrote.
Franklin was interviewed from prison earlier where he expressed his hopes to be granted life without parole instead of being subjected to lethal injection.
Laughrey went on to detail her decision, “Given the irreversible nature of the death penalty and plaintiffs’ medical evidence and allegations, a stay is necessary to ensure that the defendants’ last act against Franklin is not permanent, irremediable cruel and unusual punishment in violation of the Eighth Amendment.”
