Lawsuit: Lethal injection unconstitutional

Published: Aug. 13, 2004 at 12:03 PM

FRANKFORT, Ky., Aug. 13 (UPI) -- The Kentucky Department of Public Advocacy filed a lawsuit to have the state's method of execution by lethal injection declared unconstitutional.

The state government agency filed suit in Franklin Circuit Court saying the way lethal injections are administered to those on death row likely causes terror and horrific pain, the Lexington Herald-Leader reported.

Eddie Lee Harper is the only person to be executed by lethal injection in the state. An autopsy revealed his May 1999 execution was probably excruciating and terrifying due to the low levels of anesthetic found in his bloodstream.

Kentucky replaced the electric chair with lethal injection in 1998.

The current lawsuit was filed on behalf of Thomas Clyde Bowling and Ralph Baze, who are both slated to be executed by lethal injection for unrelated murders.

© 2004 United Press International, Inc. All Rights Reserved.
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