An Arizona death row inmate, 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, making 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. Atwood was given a death sentence for the 1984 murder of 8 year old Vicky Hoskinson in Tucson. Attorney General Mark Brnovich’s office says it opposes erroneous legal arguments to delay justice. Arizona currently has 115 people on death row, including Atwood.
