Texas’ method of executing capital murderers could come under legal scrutiny as a federal judge denied a state motion to dismiss death row inmate Charles Raby’s lawsuit challenging the constitutionality of lethal injection as cruel and unusual punishment, says the Houston Chronicle. Raby now wants access to state documents and employees to prove that the chemicals used in the lethal injection process cause a condemned killer to “suffer an excruciatingly painful and protracted death.”
The ruling was the first of its kind in Texas, one of the leading death penalty states. In 1994, Raby, then 22, was sentenced to death for the 1992 slaying of 72-year-old Edna Franklin in her Houston home. Her throat was slit twice, her ribs were broken, and her body stabbed several times with a pocketknife.