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Texas to proceed with execution of Robert Campbell Court stays execution of Texas inmate Robert Campbell
(35 minutes later)
Texas is set to carry out the first execution in the US since a convict died writhing and moaning in a botched lethal injection in Oklahoma in April. A US court has stayed the execution of a Texas man who was to be the first inmate put to death in the US since Oklahoma prison officials botched a lethal injection in April.
Robert James Campbell, 41, killed a 20-year-old bank teller in 1991 and is scheduled to die at 19:00 local time on Tuesday (00:00 GMT on Wednesday). Robert James Campbell, 41, killed a 20-year-old bank teller in 1991 and was scheduled to die on Tuesday evening.
His lawyers have made a last-minute appeal to the US Supreme Court. But a federal appeals court delayed the execution after his lawyers argued he was intellectually disabled.
They want Texas to identify the source of the lethal injection drug in order to avoid the problems in Oklahoma. His lawyers said that would make him ineligible for the death penalty.
Texas, like Oklahoma, has refused to do so. "We have been presented with evidence that Campbell, who will soon be executed unless we intervene, may not constitutionally be executed," the Fifth Circuit Court of Appeals ruled.
"The Texas Department of Criminal Justice does not have plans to change its execution protocol based upon the Oklahoma incident," the department said in a statement. Campbell's lawyer Robert Owen said his client's "lifelong mental retardation was not proven until new evidence, long hidden by prosecutors and the Texas Department of Criminal Justice, very recently came to light".
Last month, Oklahoma convicted murderer Clayton Lockett died of a heart attack after the executioners reported trouble injecting the drugs. According to Mr Owen, Campbell was evaluated by a psychologist who confirmed he suffered from mental retardation.
Campbell was convicted in the 1991 slaying of Alexandra Rendon, who was abducted while putting petrol into her vehicle, raped and then shot to death.
'Risk of pain''Risk of pain'
They took 51 minutes to find a suitable vein for the injection, then did not realise the one they had chosen in his groin had collapsed. He died 10 minutes after his execution was halted as he writhed and mumbled. Lawyers for Campbell had also made a last-minute appeal to the US Supreme Court to compel Texas to identify the source of its lethal injection drug.
In Texas, Campbell's lawyers say Lockett's execution shows keeping the origin of the drugs secret puts the inmates at risk of inhumane and unconstitutional suffering. They had argued keeping the origin of the drug secret put him at risk of inhumane and unconstitutional suffering.
"This is a crucial moment when Texas must recognise that death row prisoners can no longer presume safety unless full disclosure is compelled," Maurie Levin said. Lawyers for the state of Texas earlier said the argument was speculative.
Lawyers for the state of Texas say the argument is speculative.
"The constitution does not require the elimination of all risk of pain," said Assistant Texas Attorney General Ellen Stewart-Klein."The constitution does not require the elimination of all risk of pain," said Assistant Texas Attorney General Ellen Stewart-Klein.
The 5th US Circuit Court of Appeals on Monday rejected an appeal on the drug secrecy issue. A separate appeal regarding Campbell's mental capacity remains before that court. Last month, Oklahoma convicted murderer Clayton Lockett died of a heart attack after the executioners reported trouble injecting the drugs.
They took 51 minutes to find a suitable vein for the injection, then did not realise the one they had chosen in his groin had collapsed.
He died 10 minutes after his execution was halted as he writhed and mumbled.
Oklahoma used a three-drug combination in Lockett's execution. Texas uses a single dose of the sedative pentobarbital to kill inmates.Oklahoma used a three-drug combination in Lockett's execution. Texas uses a single dose of the sedative pentobarbital to kill inmates.
Campbell was convicted in the 1991 slaying of Alexandra Rendon, who was abducted while putting petrol into her vehicle, raped and then shot to death. The Fifth Circuit Court of Appeals rejected Campbell's appeal on the drug secrecy issue on Monday.