The plaintiffs in a lawsuit challenging Arizona’s death penalty want more than a promise that Arizona will never again use a controversial lethal injection drug.
Midazolam dominated the discussion during a federal court hearing Wednesday.
Judge Neil V. Wake called the hearing to ponder if Ohio’s having recently obtained the drug defeats the state’s argument that Arizona’s inability to get more midazolam makes the lawsuit moot.
Lawyers for state followed up with a promise to never use midazolam again.
But lawyers for the plaintiffs said Ohio’s plan to resume executions next year using midazolam show it's still available. Mississippi, Alabama and Arkansas also have midazolam, they said.
A change in Arizona leadership could lead to the state using midazolam again, and the plaintiffs need a way to enforce the state’s promise to refrain from using the drug, said Mark Haddad, an attorney for the plaintiffs.
“That would be very unfair to end this case now without any ability for us to stop that change of decision,” Haddad said.
Haddad also said he’s open to discussions on resolving the case, and he’s hopeful the sides can come to an agreement.
Attorneys for the state declined to comment.
