A US state supreme court blocked the planned executions of two inmates by electrocution, saying they cannot be put to death until they truly have the choice of the firing squad option set out in the state’s newly revised capital punishment law.
The high court in South Carolina halted this month’s scheduled executions of Brad Sigmon and Freddie Owens, writing that corrections officials need to put together a firing squad so that inmates can really choose between that or the electric chair.
The executions were scheduled less than a month after the passage of a new law compelling the condemned to choose between electrocution or a firing squad if lethal injection drugs are not available.
The statute is aimed at restarting executions after an involuntary 10-year pause that the state attributes to an inability to procure the drugs.
Prisons officials previously said they still cannot get hold of lethal injection drugs and have yet to put together a firing squad, leaving the 109-year-old electric chair as the only option.
“The department is moving ahead with creating policies and procedures for a firing squad,” Chrysti Shain, a spokeswoman for the South Carolina Department of Corrections, said in a statement.
“We are looking to other states for guidance through this process.
“We will notify the court when a firing squad becomes an option for executions.”
Lawyers for the two men have argued in legal filings that death by electrocution is cruel and unusual, saying the new law moves the state toward less humane execution methods.
They have also said the men have the right to die by lethal injection and the state has not exhausted all methods to procure lethal injection drugs.
Lawyers for the state have maintained that prison officials are simply carrying out the law, and that the US Supreme Court has never found electrocution to be unconstitutional.
State prisons officials had planned on Friday to electrocute Sigmon, a 63-year-old inmate who has spent nearly two decades on death row after he was convicted in 2002 of killing his ex-girlfriend’s parents with a baseball bat.
The state Supreme Court also had previously scheduled the June 25 execution of Owens, a 43-year-old man who has been on and off death row since 1999 for the killing of a convenience store clerk.
Both Sigmon and Owens have run out of traditional appeals in the last few months, leaving the state Supreme Court to set and then stay their executions earlier this year after the corrections agency said it still did not have lethal injection drugs and before the passage of the new law.
South Carolina is one of eight states to still use the electric chair and four to allow a firing squad, according to the Death Penalty Information Centre.
Prison officials have not indicated a timeline for when the firing squad will be up and running, though they have said they are researching how other states operate their squads.
South Carolina’s last execution took place in 2011, and its batch of lethal injection drugs expired two years later.
There are 37 prisoners awaiting death in South Carolina, all of them men.