A second federal judge has issued a stay of execution for Joseph Paul Franklin, who is scheduled to be executed sometime tomorrow. Execution dates are set for 12:01 a.m., giving the state a full day to resolve court stays. Attorney General Chris Koster has moved to get the stays lifted.
Federal Judge Nanette Laughry had issued the first stay, ruling legitimate questions have been raised about the drug to be used for Franklin’s execution. The second stay has been issued by judge Carol Jackson, who says Franklin’s mental competency has been questioned and time is needed to determine if he is sane enough to be executed.
Koster argues the first stay should be vacated because Franklin has not exhausted his state administrative remedies. He also argues against Franklin’s claims that the execution drug might not be safe.
Koster says the second stay should be lifted because the anecdotal evidence cited by Jackson do not support the conclusion Jackson has made.
The Missourinet’s Jessica Machetta is in Bonne Terre awaiting further developments.