After the Execution of Kenneth Smith Was Halted, the Judge Granted a Motion to Preserve Evidence!

  • An Alabama judge granted a request by Kenneth Smith’s attorneys to preserve evidence after his execution was halted Thursday night. Smith’s attorneys asked the court to preserve evidence in his execution, which was halted Thursday at 11:20 p.m.
  • His attorneys allege he was injured while Alabama Department of Corrections staff tried for “roughly an hour to gain venous access for the execution” in multiple sites.
  • The prisons department stated Thursday night they couldn’t execute Smith due to “court proceedings running late.” “The execution was canceled at 11:20 pm since the protocol couldn’t be followed before the death warrant expired.”
  • During a news conference Thursday night, Alabama Department of Corrections Commissioner John Hamm said they started execution protocol but decided not to finish before Smith’s death warrant expired.
  • Hamm stated they wouldn’t have time for protocol-required central line and second vein access. Hamm said they tried for an hour to access Smith’s central line before canceling the execution.
  • Smith’s attorneys asked that all medical supplies and documentation of his injuries be saved, as well as notes, records, photos, videos, emails, and messages between Hamm, the warden, and correctional department employees engaged in the execution.
  • Mr. Smith’s attempted execution injuries can and should be recorded and/or filmed. Mr. Smith was shackled to a gurney for four hours last night, the motion alleged.
  • US District Judge Austin Huffaker, Jr. allowed Smith’s attorneys to visit him on Saturday and Sunday with a cell phone to take photos and videos of Thursday’s injuries.
  • Huffaker directed the correctional department to “immediately seek and preserve evidence about the attempted execution” and to save any notes, emails, and texts.

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