A Federal Judge in the US has ruled on a Houston serial killer’s request to get a stay of execution due to bad health.
Danny Bible, known as ‘The Ice Pick Killer’ had filed a civil rights suit alleging the aging death row inmate is in such poor health that any attempts to execute him will end in a gruesome, botched procedure.
But federal judge has deemed his claims “speculative” and “hypothetical” and faulted the defense for not raising such concerns sooner, according to Chron.com. Any difficulty finding a usable vein would fall into the category of an “isolated mishap” that wouldn’t rise to the level of cruel and unusual punishment, the court said.
“In the end, the Constitution does not guarantee a painless death,” Judge Kenneth Hoyt wrote. “Bible surely shows that his execution will result in discomfort and some level of pain. The pain he describes, however, does not rise to the level requiring this Court to take the drastic step of intruding into the execution process.”
After the federal district court denied his legal claim, Bible filed a notice of appeal in the 5th U.S. Circuit Court of Appeals.
Chron.com has more information on the appeals currently in progress