With time running out, Idaho death row inmate Thomas Creech's legal team scrambles to halt a second execution attempt, raising last-minute constitutional challenges after a failed lethal injection in February.
Creech was originally scheduled for execution in February 2024, but the process was halted when the medical team failed to establish an IV, according to Idaho News.
Since that attempt, his attorneys have filed multiple motions and petitions, arguing that a new death warrant would violate his Eighth Amendment rights against cruel and unusual punishment, as well as the double jeopardy clause.
These arguments were rejected by the district court, which ruled they were not legally cognizable under Idaho's Uniform Post-Conviction Procedures Act.
On October 16, 2024, the court denied a motion for reconsideration, but Creech's defense continues to explore every possible legal avenue to challenge the newly issued death warrant, which is set for execution on November 13, 2024, Idaho News also reported.
In response to the failed February execution, the Idaho Department of Corrections (IDOC) updated its procedures to allow medical teams to assess the viability of establishing a peripheral IV line in a "preparation room."
If they cannot successfully establish this line, they are now permitted to place a central line near the heart. The new death warrant was announced shortly after these procedural changes.
Creech was convicted of murdering fellow inmate David Jensen in 1981 while already serving a previous sentence. Since then, nearly a dozen appeals have been filed, challenging various aspects of his execution; however, none have been successful so far.
A recent state response to the latest appeal emphasized that the court expedited consideration of the case, stating that no requests for extensions or delays would be granted.
As the clock ticks down, Creech's legal team remains steadfast in their efforts to save him from what they argue would be an unjust second execution attempt.
