Richard Glossip's Attorneys Challenge State's Lethal Injection Method

Attorneys for Richard Glossip are again challenging the state's lethal injection method.

Attorneys filed the last minute injunction in federal court on Wednesday, just hours before Glossip was to be executed.

The Oklahoma Court of Criminal Appeals granted Glossip a stay of execution until Sept. 30 on other matters related to possible new evidence in the case. The issue of the lethal injection cocktail will be taken up in federal court this week.   

Glossip's attorneys say the state could possibly use the same drug they've been using for years, instead of the controversial Midazolam. 

The U.S. Supreme Court already ruled Midazolam is constitutional to use in lethal injections, because there are no other options, but Glossip's attorneys say there are.  

In the court filing, attorneys say they found "at least four pharmacies were willing and able to supply compounded pentobarbital."

“We don’t know what efforts the Department of Corrections made to obtain the drugs,” said Dale Baich, one of Glossip’s attorneys.

Attorneys for Glossip say the state sent them a letter on the Tuesday before the execution asking for the names and telephone numbers of the Oklahoma Pharmacies "by 5 p.m. today so that steps may be taken to possibly secure the drug in question in time for upcoming executions." 

After supplying the list, Glossip's attorneys were told on the day of the execution, no changes would be made.

“If the state is able to obtain compounded pentobarbital and use it we are relatively sure that Mr. Glossip, if he execution does go forward, will not experience pain, suffering and a lingering death,” Baich said.

A spokesperson from the Oklahoma Department of Corrections said the state reached out to those pharmacies and many others and none would provide the state with pentobarbital. 

A spokesperson with the state attorney general's office said they will file a response with the court on Wednesday.  

A hearing in federal court on this matter is scheduled at 8 a.m. on Sept. 25.