An Oklahoma death row inmate, Bigler Stouffer, is scheduled to be executed Thursday morning, but he is now appealing to the US Supreme Court.
Stouffer was convicted of killing Putnam city schoolteacher Linda Reaves in 1985.
In November, the Oklahoma Pardon and Parole board recommended clemency for Stouffer. Not because they believe he's innocent but because the board is concerned about the drugs used in the executions.
"I am dumbfounded that we are even dealing with any of these cases because they would be exposed to the same drug cocktail on trial in February," said Larry Morris with the Oklahoma Pardon and Parole Board.
As of Monday, the 10th Circuit Court of Appeals denied Stouffer's request for a delay of execution, saying, "Mr. Stouffer has failed to establish a threat that he will be irreparably harmed by a violation of His Eighth Amendment rights if he is executed using Oklahoma's three-drug protocol, including Midazolam."
If there is no word back from the Supreme Court, Stouffer will be executed at 10 am Thursday morning at the state penitentiary in McAlester.