2 days ago
South Carolina inmate loses bid to delay execution over firing squad, injection concerns
The Brief
A federal judge declined to stop Stephen Stanko's execution, scheduled for Friday evening.
The judge limited arguments to lethal injection, the method Stanko chose over firing squad.
Stanko's lawyers argue South Carolina's process causes excessive suffering, but the judge said no evidence supports that claim.
A federal judge in South Carolina has denied a request to halt the execution of Stephen Stanko, clearing the way for the state to carry out its sixth execution in nine months.
Stanko, 57, is scheduled to die by lethal injection at 6 p.m. Friday for the 2005 murder of 74-year-old Henry Turner, one of two killings for which Stanko has received death sentences. His lawyers had argued that South Carolina's method of execution could cause unnecessary suffering, but U.S. District Judge Richard Gergel ruled Wednesday that there was insufficient evidence to support their claims.
Judge Gergel restricted the scope of the hearing to the state's lethal injection protocol — the method Stanko had selected — and ruled that concerns raised about South Carolina's firing squad were irrelevant in this case.
Stanko had initially opted for the firing squad but later changed his mind after reading reports about the execution of Mikal Mahdi, where autopsy findings suggested the shooters may have nearly missed Mahdi's heart. His lawyers claimed that incident showed the firing squad might cause prolonged suffering, but Gergel barred that line of argument.
In his ruling, the judge said South Carolina's current injection protocol, which includes two doses of the sedative pentobarbital, complies with legal standards and that claims of cruelty were based on isolated incidents from other states.
What they're saying
Attorneys for Stanko alleged that in three recent executions, South Carolina used double doses of pentobarbital even though its protocol requires just one. They claimed this indicated a flawed or painful procedure, possibly leaving inmates conscious long enough to experience sensations like drowning as the drug filled their lungs.
But Department of Corrections officials said state rules allow for a second dose if any residual electrical activity is detected in the heart. Witnesses to those executions reportedly observed inmates lose consciousness within minutes, suggesting the protocol worked as intended.
"Just because we don't have someone lurching up from the gurney doesn't mean it is done properly," said Stanko's attorney, Joe Perkovich, during the hearing.
The judge remained unconvinced: "If all you've got is 'one dose ought to be enough,' I don't see it," Gergel told the defense.
The backstory
Stanko was convicted in two separate murder cases. In one, he killed Henry Turner, a retired librarian who had offered him a place to stay. Stanko had reportedly lied about the death of his father to gain sympathy and access to Turner's home.
Just hours earlier, Stanko had brutally assaulted his girlfriend, strangling her, and raped and slashed her teenage daughter, who survived and later testified against him.
He received death sentences in both cases.
Big picture view
Stanko's execution would mark South Carolina's sixth in nine months, part of a wider uptick in capital punishment enforcement across the country.
On Tuesday, Florida and Alabama each executed inmates. An Oklahoma appeals court on Wednesday cleared the way for a fourth execution this week after lifting a stay.
The renewed activity comes as legal challenges continue to raise questions about execution protocols — especially as some states face increased scrutiny over botched or prolonged deaths.
Stanko's team cited autopsy concerns from the Mahdi execution, where bullet placement raised fears that the heart was not effectively destroyed. Dr. Jonathan Groner, a surgeon and expert on capital punishment, suggested it may have taken Mahdi longer to die than intended, raising ethical and procedural alarms.
"I am concerned that some element of those responsible for carrying out Mr. Mahdi's execution intended not to hit his target and to cause great pain before his death," Groner wrote.
The state's Corrections Department denied wrongdoing, saying all shots were properly fired and no evidence suggests any intentional mishandling of the process.
The Source
This report is based on reporting by the Associated Press, including statements from federal court records, South Carolina Department of Corrections officials, and legal filings by attorneys representing Stephen Stanko. Additional context was provided by AP journalists covering the national rise in executions.
