Judge won’t halt Arizona execution — at least for now

PHOENIX — A federal judge on Saturday refused to halt an Arizona execution planned for Wednesday after the state provided attorneys for convicted killer Clarence Dixon with documents outlining testing done on the drug it will use, but an additional flurry of last-minute court action could still lead to a delay.

That court action is almost certain to include Dixon’s contention that the test results released late Friday showed that the sedative to be used has exceeded its expiration date. Arizona’s lawyers contend it will not expire until August.

Dixon’s attorneys also plan to appeal to the Arizona Supreme Court a state judge’s Tuesday ruling that while Dixon suffers from schizophrenia, he understands what is about to occur and is therefore competent to be executed. If the state high court refuses to overturn that, they plan to turn to federal court on that issue.

But time is running short, as U.S. District Judge Diane Humetewa noted.

“I just do want to remind you that the window of opportunity here is closing,” Humetewa told Dixon’s lawyers at the close of Saturday’s hearing. “I do ask you to be mindful of that.”

Saturday’s hearing primarily focused on whether the barbiturate sodium pentobarbital that was compounded into a solution by a licensed pharmacist met expiration guidelines.