Las Vegas Review-Journal

Tennessee executes man in girl’s death

- By Jonathan Mattise The Associated Press

NASHVILLE, Tenn. — Tennessee carried out the execution Thursday of a man condemned for the 1985 rape and murder of a 7-year-old girl, marking the first time the state has applied the death penalty since 2009.

Inmate Billy Ray Irick, 59, received a three-drug injection at a maximum-security prison in Nashville and was pronounced dead at 7:48 p.m. local time, authoritie­s said in an emailed statement. He was convicted in 1986 in the death of Paula Dyer, a Knoxville girl he was baby-sitting.

The U.S. Supreme Court cleared the way Thursday afternoon for the execution, denying Irick’s request for a stay. But Justice Sonia Sotomayor issued a blistering dissent, recounting details from a recent state court trial of a case brought by inmates contesting Tennessee’s execution drugs.

“In refusing to grant Irick a stay, the Court today turns a blind eye to a proven likelihood that the State of Tennessee is on the verge of inflicting several minutes of torturous pain on an inmate in its custody,” Sotomayor wrote.

It was the first execution in Tennessee since December 2009, when inmate Cecil Johnson received a lethal injection for the killings of three people during a 1980 convenienc­e store robbery in Nashville. Since then, the state has endured legal challenges and difficulti­es finding execution drugs, including its previous one, pentobarbi­tal. The state says drugmakers stopped selling that barbiturat­e for lethal injections.

On Monday, the state Supreme Court had refused to block Irick’s execution, saying the lawsuit filed by inmates involving the execution drugs wasn’t likely to succeed.

Tennessee plans called for use of midazolam as a sedative, the muscle-relaxer vecuronium bromide and then potassium chloride to stop the heart. At question is whether midazolam is effective in rendering someone unconsciou­s and unable to feel pain from the other two drugs. Federal public defender Kelley Henry said at trial that inmates were tortured to death, feeling like they were suffocatin­g, drowning and utterly confused.

Attorneys for the state have said the U.S. Supreme Court has upheld the use of midazolam in a three-drug series.

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