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ST. LOUIS (AP) - By the time the U.S. Supreme Court refused a last-minute stay of execution for Herbert Smulls, the Missouri inmate was already dead. His attorneys say it was the third straight time a Missouri inmate has been executed with an appeal pending.
 
Late Wednesday, attorneys for Smulls made one last appeal to the Supreme Court. It had already ruled hours earlier that the execution could proceed.
 
Smulls' attorney Joseph Luby says the stay was denied at 10:24 p.m., four minutes after Smulls was pronounced dead.
 
Missouri Attorney General Chris Koster says in a statement that the Supreme Court has ruled that pending litigation is not sufficient to stop an execution. He says the state directly asked the high court if the execution should be stayed, and was told no.
Published in Local News
Wednesday, 29 January 2014 17:08

UPDATE: Missouri executes Smulls

   Convicted killer Herbert Smulls is dead.  The Missouri man was executed Wednesday night at the state prison in Bonne Terre.  He was pronounced dead at 10:20 p.m.  
   The U.S. Supreme Court had granted a temporary stay late Tuesday, which had halted Smull's scheduled midnight execution.  Smulls' attorneys had filed several appeals, mostly challenging the state's refusal to disclose the name of the compounding pharmacy that supplies its execution drug.  The high court reviewed his case and eventually revoked the last remaining stay late Wednesday evening.  
   Smulls made no final statement, verbally or in writing.
   The 56 year old had been sentenced to death for killing Stephen Honickman and badly injuring his wife during a 1991 robbery at the couple's St. Louis County jewelry store.
    He was the third person in as many months Missouri has executed by lethal injection.
 
   
 
Published in Local News

   It's unclear when or if Missouri death row inmate Herbert Smulls will be executed.  

   The U.S. Supreme Court has granted him a stay of execution.  Justice Samuel Alito signed the order and it was sent out Tuesday night, just hours before Smulls midnight execution date.  

   The 56 year old was convicted of killing a St. Louis County jeweler and badly injuring his wife during a 1991 robbery.  His juvenile accomplice, now 37, is serving a life sentence.   

   Smulls' lawyer says the stay is temporary while the high court reviews the case.  She had made last-minute pleas to spare Smulls' life, focusing on Smulls "due process" rights, since he still has appeals pending that challenge Missouri's execution method.  Attorney Cheryl Pilate is arguing that Missouri's refusal to disclose the name of the compounding pharmacy that makes the pentobarbitol used in executions makes it impossible for Smulls' advocates to know whether it could cause pain and suffering.

   Earlier on Tuesday, Pilate revealed the name of the company she believes is making the drug.  She told The Associated Press that her research indicates the drug is made by The Apothecary Shoppe, based in Tulsa, Okla. She says an Oklahoma City-based lab tested the drug.   

 

 

Published in Local News
ST. LOUIS (AP) - With convicted killer Herbert Smulls' execution just hours away, his lawyer says she's used open records requests and publicly available documents to determine the name of the compounding pharmacy she believes manufactures Missouri's lethal injection drug.
 
Smulls is scheduled to die at 12:01 a.m. Wednesday. The state plans to use pentobarbital, but has refused to say where the drug is made. Attorney Cheryl Pilate has said that makes it impossible for Smulls' advocates to know whether it could cause pain and suffering.
 
Pilate told The Associated Press on Tuesday that her research indicates the drug is made by The Apothecary Shoppe, based in Tulsa, Okla. She says an Oklahoma City-based lab tested the drug.
 
Messages seeking comment from both companies, and the Missouri Department of Corrections, were not immediately returned.
Published in Local News

   The fate of Missouri death row inmate Herbert Smulls is in limbo.  The 56 year old is scheduled to die by lethal injection at 12:01 a.m. Wednesday.  

   On Friday, a federal appeals court in St. Louis ruled 7-3 against death row inmates arguing that the state's use of an Oklahoma compounding pharmacy to make the lethal injection drug pentobarbital without disclosing the name of the pharmacy was unconstitutional.  

   Then on Monday, a federal judge in Kansas City denied Smulls request for a 60 day stay of execution so he can continue to appeal Missouri's execution method.  His attorneys claim denying the stay violates his "due process" rights and they've appealed again.  

   Smulls has also asked Governor Jay Nixon for clemancy.  A spokesman says the governor hasn't reached a decision yet.

   Smulls was convicted of killing a Chesterfield jeweler during a 1992 robbery.

Published in Local News

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