PHOENIX (AP) — An Arizona death row prisoner, who would be among the state’s first executions in almost seven years, has filed documents arguing the lethal injection drug to be used would expire sooner than prosecutors maintain and that makes it impossible to carry out his execution.
Frank Atwood’s attorneys argue the pentobarbital that would be used to execute their client has a 45-day shelf life. Prosecutors say the drug expires in 90 days. Attorney General Mark Brnovich’s office says it opposes erroneous legal arguments to delay justice. Arizona has 115 people on death row.