Execution stayed by the 9th Circuit, AZ to appeal to the Supreme - FOX 35 News Orlando

Execution stayed by the 9th Circuit, AZ to appeal to the Supreme Court

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PHOENIX (KSAZ) - Arizona is now at the center of a national debate over the death penalty, and the safety and effectiveness of the drugs that are expected to be used.

Over the weekend, the 9th Circuit Court of Appeals granted a stay of execution to Joseph Wood. His attorney's want information about drugs being used in his execution being made public.

The State of Arizona wants to keep those details under wraps and are now taking the case to the U.S. Supreme Court.

This is the first time that any court, anywhere, has said a defendant has the right to know the manufacturer of drugs that will be used in their execution. Arizona Attorney General Tom Horne said he was surprised by the decision and on Monday he filed an appeal with the U.S. Supreme Court.

"I was surprised because this right has never existed before," said Tom Horne.

Arizona Attorney General Thom Horne vowed to fight the decision which would allow death row inmates to know the source of the drugs used in their executions.

The decision was filed on behalf of convicted killer Joseph Wood. It allows death throw inmates to know the source of the drugs used in their execution.

"We're filing with the U.S. Supreme Court as we speak to try and get the stay lifted. If we don't succeed with that then we'll just have to battle it out in the 9th circuit," said Horne.

Woods was sentenced to death for the 1989 murders of her estranged girlfriend and her father at a Tucson auto shop. Horne said he's concerned if the manufacturer of the drugs is made public that it would cause the supply of drugs used in lethal injections to dry up.

"They know what the drugs are, what they don't know is who the manufacturer is, and the motive for knowing who the manufacturer is, is to pressure them into stopping them supplying them," he said.

For now Wood's execution, which was scheduled for this Wednesday, is on hold while Horne waits to see whether the U.S. Supreme Court will take up the issue.

"At some point the Supreme Court is going to have to consider this I would say, I'm hoping they'll do it now, but if not now then perhaps later," he said.

Woods was scheduled to be executed this Wednesday but barring any urgent intervention by the United States Supreme Court that will not be happening. So it looks like this stay of execution could be indefinite.
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