The News Journal
WILMINGTON -- All executions in Delaware are officially on hold.
A federal judge granted class-action status to a lawsuit Friday, charging the state's method of lethal injection amounts to unconstitutionally cruel and unusual punishment.
This means a May 2006 stay, which blocked convicted ax murderer Robert Jackson's execution, now applies to the other 15 inmates on Delaware's death row.
"[The judge's order] has formally included these other inmates and based on this today, there will be a formal stay on executions until this case is resolved," said Andy Amsler, spokesperson for Delaware Attorney General Beau Biden.
The state had opposed class-action status, arguing that it was possible for attorneys to contact each death-row inmate to get them to sign onto the lawsuit.
At a hearing earlier this month, Deputy Attorney General Gregory Smith also argued that class-action status might deprive any inmate of the right to "volunteer" for execution.
Chief Judge Sue L. Robinson rejected those arguments Friday, stating in an eight-page opinion that it made more sense to grant the case class-action status, both in terms of conserving court resources and in guaranteeing a consistent outcome for all inmates.
Philadelphia Federal Community Defender Michael Wiseman, whose office represents Jackson and who pressed for class-action status, said they look forward to proceeding with depositions in the case.
The case is set for a September bench trial in front of Robinson.
Attorneys on all sides said all executions had been on hold informally since Robinson's May ruling. All a defense attorney would have to do to get a stay would be to join Jackson's lawsuit.
Delaware has not scheduled any executions since Robinson's ruling last year.
Contact Sean O'Sullivan at 324-2777 or sosullivan@delawareonline.com.
