Judge Denies Emergency Motion For Death Row Inmates

A judge has denied an emergency motion for preliminary injunction for Donald Grant and Gilbert Postelle.

The order came from the U.S. District Court for the Western District of Oklahoma.

Grant and Postelle had both asked for execution via firing squad instead of lethal injection.

Donald Grant was convicted of killing two women in 2001 at a Del City LaQuinta Inn.

Gilbert Postelle was sentenced to death for two murders in 2008, and to life in prison without the possibility for parole for two other murders. 

Their request came after questions were raised regarding protocol surrounding the state's lethal injection.

Postelle and Grant requested this injunction to determine if the three drug injection is constitutional.

Judge Stephen Friot commented on the decision.

“It is sufficient to say here that a prisoner who challenges the state’s method of execution must show that the state’s method presents “a substantial risk of severe pain.” A method of execution that presents a “substantial risk” is one that “is sure or very likely to cause serious illness and needless suffering.” Grant and Postelle have not made that showing.”

The motion is being appealed to the U.S. 10th Circuit Court of Appeals.