Alabama's first scheduled execution of 2021 is at a momentary hault after being stayed by an appellate court.
The 11th Court of Appeals issued the stay Wednesday night, hours before the lethal injection was scheduled to be carried out Thursday morning.
The judges made the decision in order to consider the defense's claims that Willie B. Smith was not given proper assistance with forms impacting the timing of his execution. Smith has an IQ below 75.
He was convicted of shooting and killing Sharma Johnson three decades ago. The state has appealed the decision to stay the execution.
Note: An earlier version of this story said the execution was to be carried out as scheduled. It has been updated to reflect the most recent decision.
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Willie B. Smith is slated to die by lethal injection at the Holman Prison execution chamber tomorrow. It will be the first execution to be carried out in Alabama during the coronavirus pandemic.
The state is operating under special procedures because of COVID-19. Three prisoner witnesses, one officer and a single media member are allowed in the chamber. Smith’s face mask will also be removed once he is strapped into the execution gurney to assist with consciousness checks.
Smith’s legal team has filed motions to delay the execution. They allege he is intellectually disabled and is being treated differently than other death row inmates because of COVID-19.The Alabama Supreme Court denied Smith's rescheduling motion last week, though stay bids filed in both state and federal court are currently pending.
Smith was convicted of the 1991 kidnapping and shooting death of Sharma Ruth Johnson in a 10-2 vote. Alabama is one of two states to allow non-unanimous death sentences.
