Attorneys for Herbert Smulls expressed concerns Monday about Missouri’s execution drug, even as the state prepares for its third execution since November.
Allen Nicklasson is the second inmate executed in the state in three weeks.
U.S. Supreme Court to issue ruling after 8 A.M. Wednesday
Missouri Attorney General Chris Koster’s office has appealed the stay of execution for convicted killer Allen Nicklasson, calling the federal appeals court ruling “an abuse of discretion.”
Allen Nicklasson, 41, had been scheduled to be put to death at 12:01 a.m. Wednesday for killing businessman Richard Drummond in 1994.
Allen Nicklasson, 41, is scheduled to die at 12:01 a.m. Wednesday for killing Richard Drummond, a businessman from Excelsior Springs, Mo.
Nicklasson was first set to be executed Oct. 23, when Missouri planned to use the anesthetic propofol for the first time but the execution was halted.
The Corrections Department said in a news release that it will use the sedative pentobarbital. The Death Penalty Information Center said 13 states use the drug for executions.
Gov. Jay Nixon halted Allen Nicklasson’s Oct. 23 execution following doctor protests along with threats from the anti-death penalty European Union to limit the drug’s export.
“As Governor, my interest is in making sure justice is served and public health is protected,” Nixon said in an emailed statement.