BIRMINGHAM, Ala (WBRC-TV MyFoxAL.com)—MONTGOMERY, Ala. (AP) -- A death row inmate trying to halt his
scheduled execution Thursday lost a critical decision in a federal
appeals court Tuesday.
In a 2-1 ruling, the 11th U.S. Circuit Court of Appeals upheld a
lower court decision that said Luther Jerome Williams waited too
late to file a lawsuit challenging Alabama's lethal injection
procedures. The 11th Circuit said Williams' real goal is to delay
his execution for "many months, if not years."
Williams, 47, of Birmingham, is scheduled to die at 6 p.m.
Thursday at Holman Prison in Atmore. He was sentenced to death for
the robbery and shooting dealt of John Robert Kirk on Jan. 23,
1988, in Tuscaloosa County. Kirk was killed when he stopped his
truck along Interstate 59 while driving home from work.
After Attorney General Troy King asked the state Supreme Court
to set an execution date for Williams, he filed a suit in April
contending Alabama's lethal injection procedures don't adequately
sedate inmates and cause them to suffer pain that is
Upholding U.S. District Judge Mark Fuller's decision to dismiss