MuskogeePhoenix.com, Muskogee, OK

March 7, 2014

Judge moves inmates’ suit to state court


— OKLAHOMA CITY (AP)  — A federal judge ruled Friday that a lawsuit filed by two Oklahoma death row inmates seeking information on the drugs that will be used in their executions scheduled for later this month should be heard in state court.

U.S. District Judge David L. Russell said the Oklahoma Supreme Court has never considered whether it’s proper for the Corrections Department to seal all records surrounding an execution  — including the drugs’ supplier  — and that if he kept the case he would have to guess how state justices would decide.

Under Oklahoma law, Clayton Lockett and Charles Warner are barred from asking any material questions about the drugs that will be used to execute them: Who made them? Are they pure? What are their expiration dates?